New Jersey Criminal Statute of Limitations Laws

Under New Jersey law, prosecutors must file criminal charges against suspects within a certain time period. This statute of limitations protects the defendant's right to a speedy trial. It ensures the prosecution brings a case while evidence is available and witness memories are fresh.

New Jersey has criminal and civil statutes of limitations. Civil statutes of limitation determine how long plaintiffs have to file civil cases, such as personal injury lawsuits.

In New Jersey, there is no statute of limitations for murder or manslaughter. That means prosecutors may file charges for these two offenses regardless of the date of the offense.

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

Other serious felonies, like kidnapping and sexual assault, also have no time limits. Most indictable crimes have a five-year statute of limitations. A few offenses, like official misconduct, have a seven-year limitation period.

When children under 18 are victims of sexual assault, criminal sexual assault, or endangering the welfare of children, the state has five years after the victim turns 18 to prosecute the crime.

In New Jersey, the state has one year to file charges for misdemeanors or disorderly persons offenses.

Learn more about New Jersey's criminal statute of limitations in the following table. See Time Limits for Charges: State Criminal Statutes of Limitations for a general overview.

New Jersey Criminal Statutes of Limitation

Code sections:

N.J.S.2C:1-6

Felonies/indictable offenses:

In New Jersey, a felony is known as an "indictable offense." These are serious offenses with long prison sentences. The limitations period for indictable offenses is longer, so prosecutors have time to develop their case.

No time limit:

  • Murder
  • Manslaughter
  • Sexual assault
  • Kidnapping

Seven years:

  • Official misconduct, bribery, compounding an offense or conspiracy

Five years:

  • All other indictable crimes

Misdemeanors/disorderly persons offenses:

In New Jersey, a misdemeanor is any minor offense punishable by less than one year in jail. Disorderly persons offenses include:

  • Simple assault
  • Trespassing
  • Public lewdness
  • Petty shoplifting
  • Resisting arrest

Petty disorderly persons offenses are non-traffic-related offenses such as public nuisance, offensive touching, and harassment.

All disorderly persons offenses or petty offenses have a one-year time limit.

Crimes against children:

  • Criminal sexual contact with minors: Within five years of the victim's 18th birthday, or within two years of the victim's discovery of the crime, whichever is later.
  • Endangering the welfare of a child: Within five years of the victim's 18th birthday, or within two years of the victim's discovery of the crime, whichever is later.

For example, in a case of child sexual abuse, a victim might learn of an abuser's identity many years after the fact. New Jersey law gives victims two years to report the crime and begin the legal process, even if more than five years have passed since they turned 18.

Tolling the statute:

The limiting period gets paused, or tolled, when:

  • The suspect is out of the state or can't be found
  • There is another prosecution for the same crime pending in New Jersey

Note: State laws are constantly changing — contact a New Jersey criminal defense attorney or conduct your own legal research to verify the state laws you are researching.

Research the Law

New Jersey Criminal Statute of Limitations Laws: Related Resources

Get Legal Advice From a New Jersey Criminal Defense Lawyer

If you or a family member have a criminal case pending, you need legal advice from a New Jersey criminal defense attorney. The statute of limitations may protect you from some criminal offenses, but not all.

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