Maryland Criminal Statute of Limitations Laws

By FindLaw Staff | Legally reviewed by Heidy Garcia, JD | Last updated October 12, 2020

Can you be charged with a crime from five months or five years ago? It's a valid question and each state has regulations in place, called the criminal statute of limitations, that limit how much time prosecutors have to file criminal charges.

Maryland has different time limits for different kinds of crimes, depending on the type of offense at issue. Maryland also has default statutes of limitations for general categories of crimes that are used unless another statute specifically identifies a different limitation period for a specific crime. For example, misdemeanors in Maryland are generally subject to a one-year statute of limitations, but misdemeanors punishable by imprisonment in the penitentiary have no statute of limitations.

Criminal Statutes of Limitation in Maryland: Overview

Understanding the text of a statute can take time, especially when it's written in a language that can even be hard for professionals to understand. That's why having a condensed summary explaining the text can help. Below is a chart covering key aspects of Maryland criminal statute of limitation laws for your reference.

State	Maryland
Topic	Maryland Criminal Statute of Limitations Laws
Definition	The criminal statute of limitations is a time limit the state has for prosecuting a crime. Under Maryland law, the statute of limitations depends on the severity of the crime you face, ranging from one year to no time limit.
Code Sections	Maryland Code: Courts and Judicial Proceedings: Section 5-106 Section 5-107 Maryland Code: Criminal Law: Section 2-102 (Murder)
Felonies	No Statute of Limitations: Murder Manslaughter Unlawful homicide Misdemeanor if punishable by imprisonment Rape Three Year Statute of Limitations: Solicitation to commit first-degree murder Solicitation to commit second-degree murder Solicitation to commit first-degree arson Solicitation to commit second-degree arson Manslaughter or homicide by vehicle Welfare or Medicaid fraud Tax-related offenses Sex discrimination in paying wages Unlawfully charging or receiving compensation in connection with adoption Unauthorized practice, attempt to practice, or offer to practice medicine State election law misdemeanors Offenses under the Maryland Charitable Solicitations Act Certain firearms offenses (straw sales to minors and illegal sales, transfers, rentals, possession) Certain computer crimes Certain health occupation offenses (relating to acupuncturists, nursing home administrators, nurses, and professional counselors and therapists) Misdemeanor offenses under the Insurance Article Two Year Statute of Limitations: Misdemeanors under the Maryland Public Ethics Law Criminal malfeasance, misfeasance, or nonfeasance in office committed by a state official (or conspiracy to do so) Unlawfully using a driver's license Fraudulently using a false or fictitious name when applying for a driver's license Offenses under the fish and fisheries provisions and wildlife provisions of the Natural Resources Article Abuse or neglect of a vulnerable adult One Year Statute of Limitations: Failure to secure workers' compensation insurance 30 Days Sabbath breaking or drunkenness Selling alcoholic beverages to a minor or selling alcoholic beverages after hours (Allegany County)
Misdemeanors	1-year time limit if not punishable by confinement imprisonment.
Crimes in Which a Child Is a Victim
Acts During Which Statute Does Not Run
Other	Statute of limitations for an offense relating to the use of a firearm in the commission of a crime of violence or felony is the same as the statute of limitations for the underlying crime.

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 law(s) you are researching.

Maryland Criminal Statute of Limitations: Additional Considerations

The point of criminal statutes of limitations is to ensure that criminal trials are based on the best available evidence and to promote fairness in how long the government can wait to pursue criminal charges. Testimonial evidence such as officer statements and eyewitness accounts, as well as physical evidence like fingerprints and DNA can fade or be lost over time. Longer or indefinite statutes of limitations seek to balance the interest in fair trials with the seriousness of the offense.

However, it's important to note that hiding out or moving out of state doesn't necessarily get criminals off the hook. Most statutes of limitations will run only while the alleged criminal remains visible and in the state where the crime occurred. If the suspect is out of the state, running away, or otherwise living in hiding, these actions will pause, or “toll," the statutory clock. The clock will resume running if and when the criminal reenters the state.