Ohio Criminal Statute of Limitations Laws

Like time limits for filing civil lawsuits, state prosecutors must file criminal charges within the amount of time set in the criminal statute of limitations. The clock starts running the moment the defendant commits the crime. The criminal courts may pause the clock if the suspect tries to evade law enforcement or lives out of state.

Ohio’s criminal statutes of limitation help preserve the integrity of evidence and maintain greater efficiency in the criminal justice system. Heinous crimes, such as murder and arson, have no statute of limitations. Most other felonies and misdemeanors have filing deadlines of between two and 25 years.

Here, we’ll discuss the statutes of limitations for criminal cases in Ohio. We'll briefly explain what happens if the state doesn’t pursue charges for a criminal offense before the statute of limitations period expires.

If you're facing criminal charges, hire a criminal defense lawyer immediately.

Ohio Criminal Statute of Limitations at a Glance

Ohio law doesn’t impose a statute of limitations for murder or aggravated murder. The state can charge an offender with these crimes regardless of how much time has passed. The rationale behind this is that some crimes are so severe that it doesn’t matter what period of time passes — the state still has an interest in convicting the alleged defendant.

The statute of limitations period for misdemeanors is usually two years. If the prosecutor cannot identify an offender and gather evidence within this time, they’ll move on. Spending more time and resources on a simple misdemeanor doesn't make sense.

Below are more details of Ohio's time limits for criminal charges. To learn about similar time limits in civil law, see Time Limits to Bring a Case: The Statute of Limitations.

Ohio revised code section

§2901.13

Felonies

Most felonies have a six-year statute of limitations period. Below are the specific time limits for most major crimes.

None

  • Murder
  • Aggravated murder

25 years

  • Rape
  • Sexual battery
  • Conspiracy/attempt to commit any of these offenses

20 years

  • Voluntary manslaughter
  • Involuntary manslaughter
  • Kidnapping
  • Human trafficking
  • Gross sexual imposition
  • Prostitution
  • Aggravated arson
  • Money laundering
  • Terrorism and terroristic threats
  • Robbery/burglary
  • Aggravated robbery/aggravated burglary
  • Aggravated riot
  • Felonious assault/aggravated assault of a peace officer
  • Conspiracy or attempt to commit any of these offenses
Misdemeanors

The statute of limitations for most misdemeanors is two years.

  • Minor misdemeanor: six months

When the victim is a minor Unlawful sexual conduct with a minor: 20 years
Acts during which statute does not run
  • Law enforcement has not made a discovery of the offense due to the defendant’s evasion or concealment of their identity.
  • The prosecutor has not located the “body of the crime.”
  • There is an ongoing prosecution against the defendant for another crime in Ohio.
  • For abuse or neglect of a child under 18 years of age or of someone under 21 with a disability, the period of limitations runs once the victim reaches the age of majority or a public children’s services agency has learned of the abuse.
Other

If the period of limitation expires, the state must begin prosecution within one year for crimes involving fraud or breach of fiduciary duty. The state has two years to prosecute crimes involving misconduct by a public servant. Prosecution for a crime involving identity fraud must begin within five years.

Note: State laws are constantly changing. While we strive to ensure the accuracy of these pages, you should contact an Ohio criminal defense attorney or conduct legal research to verify your state laws.

Contact an Ohio Criminal Defense Lawyer for More Information

If you’re facing criminal charges in Ohio, contact a criminal defense lawyer. Not only will they ensure the state follows the correct procedures, but they’ll also work hard to build a solid defense on your behalf.

Related FindLaw Resources on Ohio’s Criminal Statutes of Limitations

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