State prosecutors have time limits within which to file criminal charges, commonly referred to as the statute of limitations. One of the motivations for these limits is to ensure that evidence (both witness testimony and physical evidence) is fresh and useful for a trial, although murder often lacks such a limit. Michigan criminal statute of limitations law sets the limit at six years for misdemeanors and six to 10 years for most felonies.
The following chart highlights the main provisions of Michigan criminal statute of limitations law, with links to additional articles and resources.
| State |
Michigan |
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| Topic |
Michigan Criminal Statute of Limitations Laws |
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| Definition |
The criminal statute of limitations is a time limit the state has for prosecuting a crime. Under Michigan law, the statute of limitations depends on the severity of the crime you face, ranging from six years to no time limit. |
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| Code Sections |
Michigan Penal Code Sec. 767.24 |
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| Felonies |
- Murder: No time limit.
- Conspiracy to commit murder: No time limit.
- Solicitation to commit murder: No time limit.
- Criminal sexual conduct first degree: No time limit.
- A violation of chapter XXXIII of the Michigan Penal Code, 1931 PA 328, MCL 750.200 to 750.212a, related to explosives, bombs, and harmful devices that is punishable by imprisonment for life: No time limit.
- A violation of chapter LXVIIA of the Michigan penal code, 1931 PA 328, MCL 750.462a to 750.462h, related to human trafficking that is punishable by imprisonment for life: No time limit.
- A violation of the Michigan anti-terrorism act that is punishable by imprisonment for life: No time limit.
- Human trafficking laws also known as "Theresa Flores's Law": 25 years time limit.
- Female genital mutilation, or transport of person with purpose of female genital mutilation, or facilitation of it: time limit of 10 years or when alleged victim turns 21, whichever is later.
- Child sexually abusive activity or material, or possession of it: time limit of 10 years or when alleged victim turns 21, whichever is later.
- Criminal sexual conduct second degree: time limit of 10 years or when alleged victim turns 21, whichever is later.
- Criminal sexual conduct third degree: time limit of 10 years or when alleged victim turns 21, whichever is later.
- Criminal sexual conduct fourth degree: time limit of 10 years or when alleged victim turns 21, whichever is later.
- Assault with intent to commit criminal sexual conduct: time limit of 10 years or when alleged victim turns 21, whichever is later.
- Kidnapping: time limit of 10 years, but if offense is reported to police within 1 year after the offense and individual is unknown, an indictment can be filed 10 years after individual is identified.
- Extortion: time limit of 10 years, but if offense is reported to police within 1 year after the offense and individual is unknown, an indictment can be filed 10 years after individual is identified.
- Assault with intent to commit murder: time limit of 10 years, but if offense is reported to police within 1 year after the offense and individual is unknown, an indictment can be filed 10 years after individual is identified.
- Attempted murder: time limit of 10 years, but if offense is reported to police within 1 year after the offense and individual is unknown, an indictment can be filed 10 years after individual is identified.
- Manslaughter: time limit of 10 years, but if offense is reported to police within 1 year after the offense and individual is unknown, an indictment can be filed 10 years after individual is identified.
- First-degree home invasion: time limit of 10 years, but if offense is reported to police within 1 year after the offense and individual is unknown, an indictment can be filed 10 years after individual is identified.
- False pretenses involving real property, forgery or uttering and publishing of an instrument affecting an interest in real property, or mortgage fraud: time limit of 10 years or within 10 years after instrument affecting real property was recorded, whichever occurs later.
- Identity theft or attempted identity theft: 6 years time limit.
- Any other felony: 6 years
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| Misdemeanors |
6 years. |
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| Crimes in Which a Child Is a Victim |
- A violation of chapter LXVIIA of the Michigan penal code, 1931 PA 328, MCL 750.462a to 750.462h, related to human trafficking that is punishable by imprisonment for life: No time limit.
- Female genital mutilation, or transport of person with purpose of female genital mutilation, or facilitation of it: time limit of 10 years or when alleged victim turns 21, whichever is later.
- Child sexually abusive activity or material, or possession of it: time limit of 10 years or when alleged victim turns 21, whichever is later.
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| Acts During Which Statute Does Not Run |
Statute does not run during any period where the defendant did not usually and publicly reside within Michigan. |
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| Other |
For the following crimes, if DNA evidence is obtained related to the crime from an unknown individual, there will be no time limit to file indictment, but once individual is identified, indictment must be filed within 10 years after identification or when alleged victim turns 21, whichever is later.
- Female genital mutilation
- Child sexually abusive activity or material, or possession of it
- Criminal sexual conduct second, third and fourth-degree
- Assault with intent to commit criminal sexual conduct
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Note: State laws are constantly changing -- contact a Michigan criminal defense attorney or conduct your own legal research to verify the state law(s) you are researching.
Research the Law
Michigan Criminal Statute of Limitations Laws: Related Resources
Are You Suspected of a Crime? Learn More From a Defense Attorney
If you have been charged with a crime, or have to reason to believe you might be soon, time is of the essence. You'll most likely want legal representation, especially if you're facing the prospect of jail time. If you have reason to believe you may be charged with a crime, it's in your best interests to speak with a Michigan defense attorney as soon as possible.