All states have civil and criminal statutes of limitations. Civil statutes of limitation are when a plaintiff must file a civil action against another party. Criminal statutes of limitations limit the time a prosecutor has to file charges after the commission of a crime.
Statutes of limitations help prosecutors file criminal cases as soon as possible after a crime. Time limits prevent evidence from getting lost, witnesses from moving away, and suspects from committing more crimes.
Statutory limits vary in each state. In Kansas, the statute time begins to run when someone files a complaint or a grand jury issues an indictment. The prosecution has not started if a warrant gets issued and not executed. Most criminal proceedings must begin within five years of a criminal act. Kansas law pauses or "tolls" the statute if the defendant is unavailable or the facts in the case prevent immediate discovery (K.S.A. § 21-5107(e)).
Kansas Criminal Statute of Limitations: Overview
Kansas' criminal statute of limitations is in the chart below.
Definition |
A statute of limitations tells you the time frame when the prosecution must bring a charge for a crime. |
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Code sections |
Kansas Statutes section 21-5107 |
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Felonies |
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.
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Misdemeanors |
For all misdemeanors, the case must start within five years. |
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Crimes in which a child is a victim |
- 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.
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Acts during which the statute does not run |
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.
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Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.
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Get Legal Advice from a Kansas Criminal Defense Lawyer
Kansas state laws recently changed on rape and other sex crimes. Criminal penalties and laws change each year. If you're concerned about criminal charges, get legal advice from an experienced Kansas criminal defense attorney for the best outcome of your case.