Oklahoma Criminal Statute of Limitations Laws

By Olivia Wathne, Esq. | Legally reviewed by FindLaw Staff | Last reviewed March 27, 2025

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Criminal prosecutors take evidence gathered by police and turn it into criminal charges and possibly a trial. But there is a time limit on how long prosecutors have to try criminal defendants. These limits vary depending on the type of crime, with misdemeanor charges generally having shorter limits than felony charges.

Here is a quick introduction to criminal statutes of limitations, followed by an outline of the statutes of limitations laws in Oklahoma.

How Criminal Statutes of Limitations Work

Criminal statutes of limitations ensure that criminal trials are speedy, fair, and based on the best possible evidence.

Physical evidence of a crime can degrade or disappear over time. These include fingerprints, DNA, testimonial evidence, officer statements, and eyewitness accounts. So, the sooner the evidence can appear at trial, the better. Statutes of limitations vary in length. This is because the justice system is trying to balance the interest in prosecuting the most serious offenses with the interest in not having criminal charges hang over a person's head indefinitely.

Normally, the statutory "clock" on most crimes runs only while the alleged perpetrator remains in the state where the crime happened. The clock will pause if the suspect is outside the state or otherwise in hiding. It will resume running when the suspect reenters the state. This prevents criminals from avoiding prosecution for serious crimes by running, hiding, and trying to wait out the authorities.

Criminal Statutes of Limitations in Oklahoma

The following table lists the specifics of Oklahoma's criminal statutes of limitations.

Code sections

Oklahoma Statutes sections 22-151 to 22-153
Felonies
  • A murder case can begin at any time.
  • A case for solicitation of murder in the first degree must start within seven years after the discovery of the crime.
  • A case for bribery, embezzlement, or misappropriation of public money or other assets, falsification of public records, or conspiracy to defraud the government must start within seven years.
  • A case for criminal conspiracy, embezzlement, criminal state income tax violations, identity theft, financial exploitation of a vulnerable adult, or Medicaid fraud must start within five years.
  • A case for a false or bogus check must start within five years.
  • A case for fraud or workers' compensation fraud must start within three years of the crime being discovered. This time limit can't be longer than seven years after the crime was committed.
  • A case for Oklahoma Wildlife Conservation Code violations must start within three years.
  • An arson case must start within seven years.
  • A case for any other felony must start within three years.
Misdemeanors

A case for any misdemeanor must start within three years.
Crimes against children

Prosecutions for sexual crimes against children must start by the victim's 45th birthday. This limit gets suspended if there is DNA evidence in the case. In those situations, the prosecutor can bring a case at any time as long as it is within three years of when they know alleged perpetrator's identity.
Acts during which the statute does not run

The statute of limitations does not run when the defendant is outside the state or does not usually live in the state.
Other
  • Cases for accessory after the fact have the same time limit as the felony for which the person acted as an accessory.
  • Cases for criminal violations in which a deadly weapon was used in the commission of a felony or attempt to commit a felony must begin within seven years.

Note: State laws are always subject to change, usually through the enactment of new statutes or the issuance of higher court decisions. Be sure to contact an Oklahoma criminal defense attorney or conduct your own legal research to verify the state laws you are researching.

Research the Law

Get Legal Advice on Oklahoma's Criminal Statutes of Limitations

In the state of Oklahoma, the criminal statutes of limitations determine the amount of time prosecutors have to file criminal charges for different offenses. While some crimes, like murder, have no limitations period, others may have deadlines that can get extended under certain circumstances, such as the discovery of new DNA evidence. Consulting an Oklahoma criminal defense lawyer is crucial to understanding how these laws apply to your case. A lawyer can clarify the limitations period and protect your rights within the amount of time allowed by the law.

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  • Defense attorneys can help protect your rights
  • A lawyer can seek to reduce or eliminate criminal penalties

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