Kentucky Criminal Statute of Limitations Laws
By Lyle Therese A. Hilotin-Lee, J.D. | Legally reviewed by FindLaw Staff | Last reviewed October 02, 2024
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Kentucky law provides a certain deadline for filing criminal charges. This time limit, also known as the statute of limitations, varies depending on the severity of the crime. For felonies, the statute of limitations laws are relatively straightforward; they can begin at any time. But for misdemeanors, the law provides a one-year limit. The laws are more particular for crimes involving minors.
Understanding these limitation periods is crucial for the accused and the victims. This article gives a comprehensive overview of the Kentucky criminal statute of limitations.
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 | Kentucky Revised Statutes section 500.050 |
Felonies | There is no time limit for any felony. |
Misdemeanors | Cases for misdemeanors must begin within one year. |
Crimes in which a child is a victim | Suppose the victim of a misdemeanor sex offense is a minor when the offender committed the crime. In that case, the prosecution should start the criminal case within 10 years after the minor reaches 18. |
Felonies and Misdemeanors in Kentucky
The state puts felony charges into classes. They are capital offenses, Class A, Class B, Class C, or Class D felonies. The following are some examples of crimes that fall under these categories:
Capital Offenses
- Murder
- Kidnapping resulting in death
Class A Felonies
- Rape of a minor 12 years old and younger
- First-degree arson
- Kidnapping resulting in the death of the victim
Class B Felonies
- First-degree assault
- First-degree robbery
- Child sex trafficking
Class C Felonies
- Child pornography when the child involved is younger than 12
- Second-degree manslaughter
- Theft by extortion, and the amount is over $10,000
Class D Felonies
- Child pornography when the child involved is younger than 18
- Bail jumping
Misdemeanors are criminal charges that are less severe than felonies. They often result in one-year imprisonment and fines. Some examples of misdemeanors include DUI, theft of items below $500, and simple assault.
For certain sex crimes involving minors, the Kentucky criminal statute of limitations differs. The law extends the limits significantly. This is evident in crimes of misdemeanor sexual offense committed against a minor. The prosecution has until 10 years after the victim reaches 18 to file the sexual misconduct charges.
Note: State laws are subject to change. Although FindLaw strives to provide the most current information, it is best to seek legal help from an attorney in Kentucky before making any legal decision.
Research the Law
- Kentucky Law
- Official State Codes — Links to the official online statutes (laws) in all 50 states and D.C.
Related Resources
Need More Help? Talk to a Criminal Defense Attorney
Dealing with a criminal charge can be a daunting experience. This is particularly true when considering the period of time to file a criminal case. If you have questions about the statute of limitations or have other concerns related to criminal law, seek legal advice from a criminal defense attorney. A criminal defense attorney in Kentucky can give you legal resources to help you better understand your rights. If you call today, they can also help develop a strong defense for your legal issue and find the best possible outcome for your case.
Can I Solve This on My Own or Do I Need an Attorney?
- Complex criminal defense situations usually require a lawyer
- Defense attorneys can help protect your rights
- A lawyer can seek to reduce or eliminate criminal penalties
Get tailored advice and ask your legal questions. Many Kentucky attorneys offer free consultations.
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