Kansas Criminal Statute of Limitations Laws

The time limit for felonies varies by the type of crime, as follows:

• There is no time limit for murder, terrorism, use of weapons of mass destruction, rape, and aggravated criminal sodomy.
• For any crime involving the Kansas Public Employees Retirement System (KPERS), the case must be started within 10 years.
• For sexual assault, exclusive of rape and other sex offenses, the prosecutor must start the case within 10 years of the crime or within one year of the discovery of DNA evidence establishing the offender’s identity, whichever is later.
• The time limit for the following sexually violent crimes depends on the age of the victim: rape (before the 2014 changes to the law),
• All other felonies: The case must start within five years.

• If a child is the victim of a sexually violent crime, exclusive of rape, the case must be started within 10 years of the victim’s 18th birthday or within one year of the discovery of DNA evidence establishing the offender’s identity, whichever is later.
• Sexually violent crimes against children include indecent liberties with a child, criminal sodomy, indecent solicitation of a child, sexual exploitation of a child, aggravated sexual battery, aggravated incest, aggravated human trafficking for sexual purposes, and commercial exploitation of a child.
• If the statute of limitations for a crime against a child victim is for any factors described in (K.S.A. § 21-5107(e)), the case must start before the victim turns 28.

The statute of limitations does not run during any of the following:

• When the defendant is absent from the state or hiding within the state.
• The fact of the crime is concealed.
• When a case is pending against the defendant for the same crime.
• A court order prevents an administrative agency from investigating or proceeding on criminal conduct.
• The statute may be tolled if there is evidence of a crime, and the victim was under 15, may not have realized the acts were a crime or was prevented from reporting the acts, or an expert witness testifies the victim has repressed memories of the event (K.S.A. § 21-5107(e)(6). Two or more factors must exist to toll the statute in this case. The state must prosecute the case before the victim turns 28.