Massachusetts Criminal Statute of Limitations Laws

By Lyle Therese A. Hilotin-Lee, J.D. | Legally reviewed by FindLaw Staff | Last reviewed March 12, 2025

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State laws limit the amount of time prosecutors file criminal charges, which is the criminal statute of limitations. Most states have different limits for different kinds of crimes. For instance, in Massachusetts, there is a six-year limitation period for filing misdemeanor charges. For robbery charges, there is a 10-year limit, and for rape charges, a 15-year statute of limitations.

This article offers a comprehensive overview of Massachusetts' criminal statutes of limitations.

Criminal Statutes of Limitation in Massachusetts

Massachusetts' legal system uses varying time periods to prosecute various crimes. These limits are statutes of limitations. They help ensure timely justice while protecting the rights of the accused.

Definition The criminal statute of limitations is a time limit the state has for prosecuting a crime. Under Massachusetts law, the statute of limitations depends on the severity of the crime you face, ranging from six years to no time limit.
Code sections Massachusetts General Laws Ch. 277 Sec. 63; Massachusetts General Laws Ch. 265
Felonies
  • Murder. No time limit.
  • Indecent assault and battery on a child under 14 during the commission of certain offenses. Or conspiracy to commit a crime or accessory to a crime. No time limit.
  • Indecent assault and battery on a child under 14, or conspiracy to commit crime/accessory to crime. No time limit.
  • Indecent assault and battery on a child under 14 by certain previously convicted offenders. Or conspiracy to commit a crime or accessory to a crime. No time limit.
  • Indecent assault and battery on a person with intellectual disability. Or conspiracy to commit a crime or accessory to a crime. No time limit.
  • Wanton or reckless behavior creates a risk of serious bodily injury or sexual abuse to a child. Or conspiracy to commit a crime or accessory to a crime. No time limit.
  • Rape or abuse of child, or conspiracy to commit crime or accessory to crime. No time limit.
  • Rape of a child during the commission of certain offenses by use of force. Or conspiracy to commit a crime or accessory to a crime. No time limit.
  • Rape of child through use of force by previously convicted offender. No time limit
  • Assault of child, or conspiracy to commit crime/accessory to crime. No time limit.

But, for these felonies, independent evidence should support any indictment or complaint found and filed more than 27 years after the crime. The evidence should corroborate the victim's allegation. It should also not exclusively consist of the opinions of mental health professionals.
Felonies
  • Rape: 15 years
  • Assault with intent to commit rape: 15 years
  • Conspiracy to commit or accessory of rape/assault with intent to commit rape: 15 years
  • Armed robbery or conspiracy to commit crime/accessory to crime: 10 years
  • Assault with intent to rob or murder or conspiracy to commit crime/accessory to crime: 10 years
  • Robbery by an unarmed person or conspiracy to commit crime or accessory to crime: 10 years
  • Stealing by confining or putting in fear or conspiracy to commit crime/accessory to crime: 10 years
  • Any other felony: 6 years

For the following felonies, the time limit depends on when the victim reaches 16 years of age or a person reported the crime, whichever is earlier:

  1. Indecent assault and battery on a child or person with intellectual disabilities
  2. Rape, abuse, assault of child
  3. Kidnapping of minor
  4. Human trafficking
  5. Sexual offenses such as enticing marriage
  6. Inducing minors into prostitution
  7. Lewd and lascivious behavior or acts
  8. Dissemination of harmful matter to minors
  9. Exhibiting nudity
  10. Crime against nature
Misdemeanors Six years
Crimes against children
  • Indecent assault and battery on a child under 14 during the commission of certain offenses or conspiracy to commit crime/accessory to crime: No time limit.
  • Indecent assault and battery on a child under 14, or conspiracy to commit crime/accessory to crime: No time limit.
  • Indecent assault and battery on a child under 14 by certain previously convicted offenders or conspiracy to commit crime/accessory to crime: No time limit.
  • Rape of a child during the commission of certain offenses by use of force or conspiracy to commit crime/accessory to crime: No time limit.
  • Rape of child through use of force by previously convicted offender: No time limit.
  • Assault of child, or conspiracy to commit crime or accessory to crime: No time limit.

For the following felonies, the time limit depends on when the victim reaches 16 or a person reported the crime, whichever is earlier:

  1. Indecent assault and battery on a child
  2. Rape, abuse, or assault of a child
  3. Kidnapping of minor
  4. Sexual offenses such as inducing minors into prostitution
  5. Lewd and lascivious behavior or acts
  6. Dissemination of harmful matter to minors
  7. Exhibiting nudity
  8. Crime against nature

But, for these felonies, independent evidence should support any indictment or complaint found and filed more than 27 years after the crime. The evidence should corroborate the victim's allegation. It should also not exclusively consist of the opinions of mental health professionals.
Acts during which statute does not run When a defendant is not usually and publicly a resident of Massachusetts.

The Purpose of Criminal Statute of Limitation

The idea behind criminal statutes of limitation is to ensure that the evidence used in criminal trials has not deteriorated over time. It preserves the integrity and accuracy of pieces of evidence. Longer or indefinite statutes of limitation attempt to balance the interest in fair trials with the seriousness of the offense. Criminals should not be able to avoid the consequences of serious crimes by merely waiting out the authorities.

Most statutes of limitation 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 or otherwise living in hiding, this will pause, or "toll," the statutory clock. The clock resumes running, so to speak, if the criminal reenters the state.

Statute of Limitations: Difference Between Criminal vs. Civil Cases

Although this article focuses on criminal cases, note that civil lawsuits also have their statute of limitations. The legal proceedings of civil actions, such as personal injury claims, medical malpractice, and more, follow a different timeline when filing cases. In most cases, criminal cases have a longer statute of limitations, particularly violent crimes. Meanwhile, civil cases generally have shorter time limits. This is to encourage prompt resolution of civil disputes.

Note: State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. Although FindLaw strives to provide the most current information, it is best to consult an attorney before making legal decisions.

Seek Legal Advice for Criminal Cases

Facing any criminal charge is a serious matter. It can carry life-altering consequences. With this, seeking legal advice from a criminal defense attorney is crucial. They can assist you with understanding the legal issues present in your case. They can also seek the best legal action to protect your rights. You can contact a criminal defense lawyer in Massachusetts.

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