Louisiana Criminal Statute of Limitations Laws

By Susan Buckner, J.D. | Legally reviewed by FindLaw Staff | Last reviewed April 30, 2025

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Criminal statutes of limitations set time limits for prosecutors to file criminal charges against defendants. All states have limitations periods for criminal and civil actions. Statutes of limitations protect a defendant's right to a speedy trial and ensure law enforcement gathers evidence promptly.

Under the Louisiana statute of limitations, felonies punishable by "hard labor" (those sentenced to state prison) have a six-year statute of limitations. Felonies not punishable by "hard labor" (those sentenced to parish jail) have a four-year statute of limitations. Most violent crimes have sentences of "hard labor" and have longer limitations periods than non-violent crimes.

If someone has accused you of a crime, hire a criminal defense attorney right away.

Tolling

The statute of limitations gets suspended, or tolled, when the defendant is outside the state. This puts the defendant out of the state's jurisdiction for arrest. The statute is also suspended if the defendant is incompetent to stand trial.

Louisiana Criminal Statutes of Limitations

Code sections

Louisiana Code of Criminal Procedure articles 571 to 576
Felonies
  • There is no time limit for any crime punishable by death or life imprisonment, or for forcible or second-degree rape.
  • All sex crimes have statutes of 30 years (Tit. XVII, Art. 571.1) regardless of the age of the victim at the time of the offense
  • Cases for felonies punishable by hard labor must start within six years.
  • Cases for felonies not punishable by hard labor must start within four years.
Misdemeanors
  • Cases for misdemeanors punishable by a fine, imprisonment, or both must start within two years.
  • Cases for misdemeanors punishable only by a fine or forfeiture must start within six months.
Crimes against children
  • For certain sex offenses committed against a child, the time limit is 30 years. This time begins when the victim turns 18.
  • If the victim of aggravated battery is under 17 at the time of the crime, the statute of limitations does not start running until the victim turns 17.
Acts during which statute does not run

The statute of limitations does not run when:

  • The defendant is outside the state for purposes of evading prosecution
  • The defendant lacks the mental ability to stand trial and is committed for mental health treatment (Tit. XXI, Art. 648)
Other
  • For sex offenses where DNA evidence exists, a case may start within three years after a suspect is identified by DNA matching, even if the statute has run
  • For crimes by a public official such as extortion, public bribery, false accounting, or misuse of money, the statute does not begin until the person leaves office
  • For crimes involving individuals with “infirmities,” such as those mentally or physically unable to report such crimes, the statute does not begin until a competent third party or law enforcement officer discovers the crime

Note: Because state laws change regularly, it's important to verify the laws you're researching by conducting your own legal research or contacting a knowledgeable Louisiana defense attorney.

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Get Legal Advice from a Louisiana Criminal Defense Attorney

Criminal charges are a serious legal issue. Expiration of the statute of limitations may be a valid defense. You can't make that defense by yourself. Get legal advice from an experienced Louisiana criminal defense attorney and protect your civil rights.

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