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
  • First-degree homicide (intentional or reckless), murder, second-degree intentional homicide, and first-degree sexual assault: None (There is no statute of limitations for an attempt at the above crimes.)
  • Second-degree reckless homicide: 15 years
  • Second- or third-degree sexual assault: 10 years
  • All other felonies: Six years

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
ny time before the victim turns 45:

  • Second-degree sexual assault
  • Repeated acts of first- or second-degree sexual assault against the same child
  • Intentional physical abuse or repeated acts of physical abuse against a child
  • Sexual exploitation
  • Sex trafficking
  • Incest
  • Sexual enticement
  • Computer-facilitated sex crimes
  • Prostitution
  • Sexual assault by school personnel or people who work or volunteer with kids

Any time before the victim turns 26:

  • Reckless physical abuse, mental abuse, or enticement that causes mental or bodily harm
  • Giving a child illegal drugs
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.

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