Each state imposes time limits for prosecutors to bring a criminal case, known as the criminal statute of limitations. In the case of the Oregon statute of limitations, the time frame for bringing charges depends on the type of crime. The "clock" generally starts running at the point the crime is committed, but certain conditions, such as the suspect being out of state or in hiding, may extend the amount of time prosecutors have to file charges. While the time frame varies by crime and state, the most serious charges, like murder, typically have no statute of limitations at all.
Once the statute of limitations has expired, the perpetrator can no longer be charged for the alleged crime. The clock generally does not run, or "toll," if the criminal is out of state or in hiding, which would indicate an attempt to evade prosecution.
Oregon's Criminal Statute of Limitations at a Glance
As in most other states, Oregon law does not impose time limits for the prosecution of murder or manslaughter charges. There is a six-year statute of limitations for sexual felonies or crimes in which the victim is under 18 at the time of the offense. There is a three-year limit for all other felonies and a two-year limit for most misdemeanors in the state.
Additional details are listed below. See FindLaw's Time Limits to Bring a Case: The Statute of Limitations article to learn about similar time limits used in civil law.
Definition of a Criminal Statute of Limitations Under Oregon Law
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The criminal statute of limitations is a time limit the state has for prosecuting a crime. Under Oregon law, the statute of limitations depends on the severity of the crime you face, ranging from six months to no time limit.
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Oregon Criminal Statute of Limitations Code Sections
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Oregon Criminal Statutes of Limitations for Felonies
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- Aggravated murder: No time limit
- Murder: No time limit
- Attempted murder or aggravated murder: No time limit
- Conspiracy/solicitation to commit aggravated murder or murder or any degree of manslaughter: No time limit
- Rape in the first degree: 12 years after the crime occurred, or 12 years after the offense is first reported to law enforcement, or if the victim was under 18 years of age, anytime before the victim turns 30 years of age
- Sodomy in the first degree: 12 years after the crime occurred, or 12 years after the offense is first reported to law enforcement, or if the victim was under 18 years of age, anytime before the victim turns 30 years of age
- Unlawful sexual penetration in the first degree: 12 years after the crime occurred, or 12 years after the offense is first reported to law enforcement, or if the victim was under 18 years of age, anytime before the victim turns 30 years of age
- Sexual abuse in the first degree: 12 years after the crime occurred, or 12 years after the offense is first reported to law enforcement, or if the victim was under 18 years of age, anytime before the victim turns 30 years of age
- Strangulation: Six years after the crime occurred, or 12 years after the offense is first reported to law enforcement, or if the victim was under 18 years of age, anytime before the victim turns 30 years of age
- Criminal mistreatment in the first degree: Six years after the crime occurred, or 12 years after the offense is first reported to law enforcement, or if the victim was under 18 years of age, anytime before the victim turns 30 years of age
- Rape in the second or third degree: Six years after the crime occurred, or 12 years after the offense is first reported to law enforcement, or if the victim was under 18 years of age, anytime before the victim turns 30 years of age
- Sodomy in the second or third degree: Sixyears after the crime occurred, or 12 years after the offense is first reported to law enforcement, or if the victim was under 18 years of age, anytime before the victim turns 30 years of age
- Unlawful sexual penetration in the second degree: Six years after the crime occurred, or 12 years after the offense is first reported to law enforcement, or if the victim was under 18 years of age, anytime before the victim turns 30 years of age
- Sexual abuse in the second degree: Six years after the crime occurred, or 12 years after the offense is first reported to law enforcement, or if the victim was under 18 years of age, anytime before the victim turns 30 years of age
- Using a child in a display of sexual conduct: Six years after the crime occurred, or 12 years after the offense is first reported to law enforcement, or if the victim was under 18 years of age, anytime before the victim turns 30 years of age
- Encouraging child sexual abuse in the first degree: Six years after the crime occurred, or 12 years after the offense is first reported to law enforcement, or if the victim was under 18 years of age, anytime before the victim turns 30 years of age
- Incest: Six years after the crime occurred, or 12 years after the offense is first reported to law enforcement, or if the victim was under 18 years of age, anytime before the victim turns 30 years of age
- Promoting or compelling prostitution: Six years after the crime occurred, or 12 years after the offense is first reported to law enforcement, or if the victim was under 18 years of age, anytime before the victim turns 30 years of age
- Luring a minor: Six years after the crime occurred, or 12 years after the offense is first reported to law enforcement, or if the victim was under 18 years of age, anytime before the victim turns 30 years of age
- Sexual abuse in the third degree: Four years after the crime occurred, or four years after the offense is first reported to law enforcement, or if the victim was under 18 years of age, anytime before the victim turns 22 years of age
- Exhibiting an obscene performance to a minor: Four years after the crime occurred, or four years after the offense is first reported to law enforcement, or if the victim was under 18 years of age, anytime before the victim turns 22 years of age
- Displaying obscene materials to minors: Four years after the crime occurred, or four years after the offense is first reported to law enforcement, or if the victim was under 18 years of age, anytime before the victim turns 22 years of age
- Arson: Six years
- Theft in the first degree: Six years
- Aggravated theft in the first degree: Six years
- Extortion: Six years
- Robbery in the first-, second-, or third-degree: Six years
- Forgery in the first degree: Six years
- Fraudulent use of a credit card: Six years
- Identity theft: Six years
- Any other felony: Three years
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Oregon Criminal Statutes of Limitations for Misdemeanors
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- For any misdemeanor: Two years
- For a violation: Six months
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Crimes in Which a Child Is a Victim
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- Using a child in a display of sexual conduct: Six years after the crime occurred, or 12 years after the offense is first reported to law enforcement, or if the victim was under 18 years of age, anytime before the victim turns 30 years of age
- Encouraging child sexual abuse in the first degree: Six years after the crime occurred, or 12 years after the offense is first reported to law enforcement, or if the victim was under 18 years of age, anytime before the victim turns 30 years of age
- Incest: Six years after the crime occurred, or 12 years after the offense is first reported to law enforcement, or if the victim was under 18 years of age, anytime before the victim turns 30 years of age
- Luring a minor: Six years after the crime occurred, or 12 years after the offense is first reported to law enforcement, or if the victim was under 18 years of age, anytime before the victim turns 30 years of age
- Exhibiting an obscene performance to a minor: Four years after the crime occurred, or four years after the offense is first reported to law enforcement, or if the victim was under 18 years of age, anytime before the victim turns 22 years of age
- Displaying obscene materials to minors: Four years after the crime occurred, or four years after the offense is first reported to law enforcement, or if the victim was under 18 years of age, anytime before the victim turns 22 years of age
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Acts During Which Statute Does Not Run in Oregon
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- Accused is not a resident within the state
- Accused hides within the state to prevent process from being served upon accused
The maximum extension of the period of limitations is three years.
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Other Oregon Criminal Statutes of Limitations
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If the statute of limitations for any other felony, misdemeanor, or violation has expired, a prosecution may still be commenced if:
- The offense has as a material element either fraud or the breach of a fiduciary obligation: Prosecution may begin within one year from discovery of offense but shall not be extended by more than three years
- The offense is based upon misconduct in office by a public officer or employee: Prosecution may begin at any time while the defendant is in public office or employment or within two years after, but shall not be extended by more than three years
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Note: While some laws are based on common law and seldom (if ever) change, you should never assume they are set in stone. Laws may change either through the passage of new legislation, the issuance of appellate court decisions, or through other means. Make sure you contact an Oregon criminal defense attorney or conduct your own legal research to verify the Oregon law(s) you are researching.
Need Help With Oregon’s Criminal Statutes of Limitations? Talk to an Attorney
If you're facing criminal charges or have concerns about how Oregon's statutes of limitations might apply to your case, it's a good idea to seek legal advice from an experienced Oregon attorney. A lawyer can help clarify the specific time frames for various offenses and guide you through the legal process.
