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Nebraska Criminal Statute of Limitations Laws

All states have time limits for prosecutors and plaintiffs to file a cause of action. These are statutes of limitations. Civil statutes of limitations are the time period a plaintiff has to file a civil action, like a personal injury case. Criminal statutes of limitations ensure a defendant’s right to a speedy trial.

Criminal statutes of limitations help ensure that criminal cases get filed while evidence is fresh and witnesses are still available. They also keep defendants from having to worry about criminal charges hanging over their heads while prosecutors decide whether to prosecute a case.

In the state of Nebraska, statutes of limitations begin, or run, from the time a criminal offense is committed or when a grand jury hands down an indictment. Other states may have different start dates for their statutes.

Unlike civil statutes of limitations, criminal statutes can be paused, or tolled, if the suspect is out of state. This is because the state does not have jurisdiction over a suspect who is out of the state. A suspect cannot evade a state’s criminal justice system by crossing a state line and waiting until the statute runs out. Tolling the statute means that whenever they return to the state, the statute starts running again.

A few serious crimes do not have statutory time limits. These are usually murder, rape or sexual assault, and crimes involving children. The table below breaks down the Nebraska criminal statutes of limitations for all types of offenses:

Nebraska Criminal Statute of Limitations Definition

The criminal statute of limitations is a time limit the state has for prosecuting a crime. Under Nebraska law, the statute of limitations depends on the severity of the crime you face, ranging from one year to no limit.

Nebraska Criminal Statute of Limitations Code Section

Nebraska Revised Statutes Section 29-110

Nebraska Criminal Statute of Limitations for Felonies

No Limit:

  • Treason
  • Murder
  • Arson
  • Forgery
  • First-degree sexual assault
  • Second-degree sexual assault

Six Years:

  • Abuse, neglect, or exploitation of vulnerable adults or seniors

Five Years:

Three Years

  • All other felonies

Nebraska Criminal Statute of Limitations for Misdemeanors

18 months

Nebraska Criminal Statute of Limitations for Crimes in Which a Child Is a Victim

No Limit:

  • Second- or third-degree assault, victim 14 or younger
  • Third-degree assault, victim 16 or younger
  • Incest
  • Sex trafficking
  • Labor trafficking
  • Child pornography

Seven years after the offense or seven years after the child turns 16, whichever is later:

  • Kidnapping
  • False imprisonment
  • Child abuse
  • Pandering
  • Debauching a child under 17
  • Providing obscene materials to a child under 16

18 months after the offense or 18 months after the child turns 18, whichever is later:

  • Failure to report child abuse or neglect

Nebraska Criminal Statute of Limitations for Other Offenses

Offense punishable by a fine or forfeiture not exceeding $100 and not more than three months in prison: One year

Note: State laws may change at any time through the enactment of newly signed legislation, decisions from appellate courts, or other means. Be sure to contact a Nebraska criminal defense attorney or conduct your own legal research to verify the Nebraska law(s) you are researching.

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Nebraska Criminal Statute of Limitations: Related Resources

Questions About Criminal Statute of Limitations in Nebraska? Speak With an Attorney

Nebraska criminal statutes of limitations ensure the accused won’t spend the rest of their lives worrying about prosecution for anything but the very worst of crimes. If you find yourself or someone you love facing criminal charges, it’s a good idea to consult with a Nebraska criminal law attorney. They’ll examine the facts of your case, explain your options, and give you legal advice throughout the process.

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