Washington Criminal Statute of Limitations Laws

States impose time limits for prosecutors to file criminal charges in a criminal case against defendants to preserve evidence (witnesses and physical evidence) and ensure an efficient judicial process. These time limits, known as statutes of limitation, apply to all crimes, including misdemeanors and felonies. While these statutes govern the timing for initiating legal action in criminal matters, they differ from the statutes of limitation that apply to civil cases.

This article will discuss the state of Washington's statutes of limitations for crimes and when these time limits toll (pause). If law enforcement has charged you with a crime, hire a criminal defense attorney right away.

When Does A Statute Of Limitation Begin?

Generally, the time period begins on the date when a crime was allegedly committed. Once the statute of limitations has expired or "run," a prosecutor can't file charges for that crime in most circumstances.

Crimes Without a Time Limit

Statutes of limitation don't include all crimes. In Washington, there are no time limits on filing charges for murder, homicide by abuse, and other serious felonies. This includes all types of murder, arson that leads to death, and all vehicular crimes where death results.

Washington's criminal statutes of limitations laws are in the chart below.

Code sections

Revised Code of Washington Sec. 9A.04.080

Felonies
  • Murder: No time limit.
  • Arson causing death: None.
  • Homicide by abuse: None.
  • Vehicular homicide: None.
  • Vehicular assault causing death: None.
  • Hit-and-run injury/accident causing death: None.
  • Rape if the victim is under 16: None.
  • Child molestation: None.
  • Rape in the first degree: 20 years.
  • Rape in the second degree: 20 years.
  • Indecent liberties: 20 years.
  • Public official misconduct in connection with their duties: 10 years.
  • Arson: 10 years.
  • Attempted murder: 10 years.
  • Human trafficking: 10 years.
  • Rape in the third degree: 10 years or if the victim is under 18, up to the victim's 30th birthday, whichever is later.
  • Commercial sexual abuse of a minor: 10 years or if the victim is under 18, up to the victim's 30th birthday, whichever is later.
  • Incest: 10 years or if the victim is under 18, up to the victim's 30th birthday, whichever is later.
  • Leading organized crime or criminal profiteering: Six years.
  • Identity crimes: Six years.
  • Money laundering: Six years.
  • Theft in the first or second degree: Six years.
  • Class C felony: Five years.
  • Bigamy: Three years.
  • All other felonies: Three years.
Misdemeanors
  • Gross misdemeanors: Two years.
  • Misdemeanors: One-year statute of limitations.
Crimes against children
  • Rape in the third degree: 10 years or if the victim is under 18, up to the victim's 30th birthday, whichever is later.
  • Commercial sexual abuse of a minor: 10 years or if the victim is under 18, up to the victim's 30th birthday, whichever is later.
  • Incest: 10 years or if the victim is under 18, up to the victim's 30th birthday, whichever is later.
  • Rape if the victim is under 16: None.
  • Child molestation: None.
Acts during which statute does not run

When the person charged is not usually and publicly a resident within the state.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.

Research the Law

Get Legal Advice on Washington's Criminal Statute of Limitations Laws

Although Washington's criminal statute of limitations laws appear fairly simple, applying the laws can be complex. If you are worried that you might be prosecuted for an action you have committed, it is a good idea to talk to an experienced criminal defense attorney in Washington.

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