Wisconsin Criminal Statute of Limitations Laws
By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed April 11, 2025
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Criminal statutes of limitations dictate how long state prosecutors have to pursue criminal cases against a potential defendant. Like most states, Wisconsin has different time limits depending on the type of crime involved. For example, misdemeanors have a three-year limitation period, while most felony charges have a six-year statute of limitations. (There is no statutory limit on murder charges.)
Here, we’ll discuss Wisconsin’s criminal statute of limitations and provide the specific statutes of limitation periods for common crimes and misdemeanors.
If someone has accused you of a crime, contact a criminal defense lawyer immediately.
Criminal Statutes of Limitation in Wisconsin
State laws can be challenging to read and understand. The chart below summarizes Wisconsin statutes of limitation laws in plain English.
Code section | Wis. Stat. Ann. §939.74 |
Felonies |
Note: Wisconsin law extends the statute of limitations period for the above crimes for one extra year if there is a DNA match to an alleged perpetrator. |
Misdemeanors | Three years |
Crimes against children | Attempted or committed first-degree sexual assault and repeated sexual assault of the same child: none
Any time before the victim turns 26:
|
Acts during which the statute does not run | When the perpetrator lives outside Wisconsin or when prosecution for the alleged crime is pending. |
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.
What Is the Purpose of a Time Limit?
Criminal statutes of limitation ensure that criminal trials rely on the best available evidence. Physical evidence (like fingerprints and DNA) and testimonial evidence (like officer statements and eyewitness accounts) can deteriorate or get lost over long periods of time.
The statutes of limitation seek to balance the interest in prosecuting serious offenses with the interest in conducting fair and accurate criminal trials.
Tolling of the Statute of Limitations in Wisconsin
The time limits for criminal cases run only when the suspect is visible and within Wisconsin.
Tolling the statute of limitations suspends the running of the time limit. If the suspect is out of state or in hiding, the clock pauses and resumes when the suspect reenters the state. This prevents criminals from avoiding the consequences of serious crimes by running, hiding, and waiting for the statute of limitations period to run out.
Related Resources for Wisconsin Criminal Statute of Limitations Laws:
Criminal statutes of limitations vary depending on the crime and the jurisdiction. If you’re facing criminal charges, you should meet with a Wisconsin criminal defense attorney immediately.
Can I Solve This on My Own or Do I Need an Attorney?
- Complex criminal defense situations usually require a lawyer
- Defense attorneys can help protect your rights
- A lawyer can seek to reduce or eliminate criminal penalties
Get tailored advice and ask your legal questions. Many Wisconsin attorneys offer free consultations.
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