The statute of limitations is a law that limits the amount of time that a person or entity has in which to bring a legal claim against another person or entity. Information on the statute of limitations for various California sex crimes is found at California penal code sections 799 - 805.

 

Note: Information related to the statute of limitations for civil lawsuits related to various sex crimes is not discussed in this article.

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Statute of Limitations for Sex Crimes: The statutes of limitations related to sex crimes are among the most complex laws in the entire penal code. The following is only a sample and overview of some of statutes of limitations related to common sex crimes.

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No Statute of Limitations for Some Sex Crimes

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Rape Crimes: Prosecution for the crime of rape, charged under PC 261(a)(1), PC 261(a)(2), PC 261(a)(3), PC 261(a)(4), PC 261(a)(6), or PC 261(a)(6), or PC 261(a)(7), has no statute of limitation and prosecution may be commenced at any time (PC 799(b)(1) Abbrev.).

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Rape in Concert Crimes: Prosecution for the crime of rape in rape in concert, charged as PC 264.1, has no statute of limitation and prosecution may be commenced at any time (PC 799(b)(1) Abbrev.).

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Sodomy Crimes: Prosecution for the crime of sodomy without consent, charged under PC 286(c)(2), PC 286(c)(3), PC 286(d), PC 286(f), PC 286(g), PC 286(i), or PC 286(k), has no statute of limitation and prosecution may be commenced at any time (PC 799(b)(1) Abbrev.)

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Oral Copulation Crimes: Prosecution for the crime of oral copulation, charged under PC 287(c)(2), PC 287(c)(3), PC 287(d), PC 287(f), PC 287(g), PC 287(i), or PC 287(k), has no statute of limitation and prosecution may be commenced at any time (PC 799(b)(1) Abbrev.).

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Lewd Act Upon a Minor Under 14: Prosecution for the crime of lewd and lascivious act upon a minor under 14 years of age (PC 288(a)), which involves substantial sexual conduct charged under PC 1203.066(b), has no statute of limitation and prosecution may be commenced at any time (PC 799(b)(1) Abbrev.).

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Lewd Act on a Child with Force: Prosecution for the crime of lewd and lascivious act upon a child under 14 years of age, with force, charged as (PC 288(b)), has no statute of limitation and prosecution may be commenced at any time (PC 799(b)(1) Abbrev.).

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Continuous Sexual Abuse of a Child: Prosecution for the crime of continuous sexual abuse of a child under 14 years of age (PC 288.5), has no statute of limitations and prosecution may be commenced at any time (PC 799(b)(1) Abbrev.).

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Lewd Act on a Child Under 14, with Injury: Prosecution for the crime of lewd act on a child under 14, which result in injury to the child, charged as PC 288(i), has no statute of limitation and prosecution may be commenced at any time (PC 799(a) Abbrev.).

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Sexual Penetration by Object: Prosecution for the crime of sexual penetration by object, charged under PC 289(a), PC 289(b), PC 289(d), PC 289(e), or PC 289(g), has no statute of limitations and prosecution may be commenced at any time (PC 799(b)(1) Abbrev.).

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Kidnapping to Commit a Felony Sex Crime: Prosecution for the crime of kidnapping to commit a felony sex crime, charged as PC 209(b), has no statute of limitations and prosecution may commence at any time (PC 799(a) Abbrev.).

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Sexual Conduct with a Child Under 10: Prosecution for the crime of sexual intercourse, sexual penetration, oral copulation, or sodomy, with a child under the age of 10, charged as either PC 288.7(a), or PC 288.7(b), has no statute of limitations and prosecution may commence at any time (PC 799(a) Abbrev.).

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Aggravated Sexual Assault of Child: Prosecution for the crime of aggravated sexual assault of a child, charged under PC 269, has no statute of limitations and prosecution may commence at any time (PC 799(a) Abbrev.)

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Victim Turns 40 Statute of Limitations

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Some sex crimes, which are not listed in PC 799 (See above), but which are committed against a minor, may carry a statute of limitations that does not expire until the victim turns forty (40) years old. These crimes include rape, sodomy, oral copulation, lewd acts, continuous sexual abuse, or sexual penetration against a minor.

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Note: The statute of limitations may be extended beyond the victim’s 40th birthday if, 1) the victim is over the age of 40, 2) the crime is not listed in PC 799(b)(1) [See Above], 3) the offense is reported to a California law enforcement agency, 4), criminal charges are filed within one year after the offense is reported to a California law enforcement agency, and all the following requirements are met:

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• Other statute of limitations for the offense have expired,

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• The crime involved substantial sexual conduct, as described in subdivision (b) of Section 1203.066, excluding masturbation that is not mutual, and,

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• There is independent evidence that corroborates the victim’s allegation. If the victim was 21 years of age or older at the time of the report, the independent evidence shall clearly and convincingly corroborate the victim’s allegation.

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​Ten Year Statute of Limitation Sex Crimes

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The statute of limitations for a felony offense listed in PC 290(c) [Registerable Sex Offenses) is ten (10) years, so long as there is no other law that provides for a longer statute of limitations.

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The ten year statute of limitations applies to felony possession of child pornography crimes (PC 311), felony sexual battery (PC 243.4), pimping crimes (PC 266h), pandering crimes (PC 266i), felony send harmful matter to a child with intent to seduce (PC 288.2), contact a minor for lewd act (PC 288.3), incest (PC 285), felony lewd act on a minor 14 or 15 years old (PC 288(c)(1), and more (PC 801 Abbrev.).

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Note: A "wobbler" sex offense against an adult, which is charged as a misdemeanor offense, and which mandate sex offender registration, the statute of limitations is ten years. A "wobbler" sex offense is a crime that may be charged either as a misdemeanor, or alternatively as a felony.

 

For example, the crime of sexual battery charged as PC 243.4, may be charged either as a misdemeanor, or alternatively as a felony. PC 243.4 is a crime for which sex offender registration is required pursuant to penal code 290(c). Therefore, both misdemeanor and felony charges of PC 243.4 carry a ten-year statute of limitations.

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Three Years Statute of Limitations Sex Crimes

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Sex crimes that are classified as “wobbler” offenses, but which are not otherwise listed in PC 290(c), carry a statute of limitations of three years. A “wobbler” offense is a crime that may be charged as a felony, or alternatively as a misdemeanor. A crime “listed in PC 290(c),” means a crime for which sex offender registration is mandatory.

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These sex crimes include, statutory rape (PC 261.5), failure to register as a sex offender (PC 290(b) & PC 290.018)), and more.

 

One Year Statute of Limitations Sex Crimes

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Misdemeanor sex crimes, which are not considered “wobbler” offense, have a statute of limitations of one year from the date of the alleged offense. These crimes include soliciting prostitution (647(b)), indecent exposure (PC 314), keeping house of prostitution (PC 315), misdemeanor sexual battery charged under PC 243.4(e)(1), and more.

 

Exceptions for Certain Sex Crimes

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The California statutes of limitations for misdemeanor non-wobbler offense is one year in most cases; however, there are few sex crimes for which California has carved out a special statute of limitations. These misdemeanor sex crimes include:

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PC 647(j)(4): Reveal Nude Images to Humiliate (statute of limitations is one year from the date of discovery of the offense, of no more than four (4) years).

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PC 647(j)(2) Video record, or take pictures of, a person in the nude or in undergarments without permission (statute of limitations may be commenced within one year of the date the recording was discovered.

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PC 647.6: Annoying or Molesting a Minor (Prosecution for a misdemeanor violation of Section 647.6, which is committed against a minor under the age of 14, may be commenced within three years of the offense.

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Statute of Limitations Commencement: The commencement of the statute of limitations begins when either:

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• An indictment or information is filed.

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• A complaint is filed charging a misdemeanor or infraction.

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• The defendant is arraigned on a complaint that charges the defendant with a felony.

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• An arrest warrant or bench warrant is issued, provided the warrant names or describes the defendant with the same degree of particularity required for an indictment, information, or complaint.

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Important: The statute of limitations for sex crimes is very complex. The above material represents only a broad overview of the statute of limitations laws that pertain to common California sex crimes. Many exceptions and nuances to the criminal statute of limitations laws could change the duration of the statute of limitations for any case.

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For more information on the statute of limitations for sex crimes, or if you have been charged with a felony or misdemeanor sex offense in the Inland Empire, contact our highly experienced sex crimes defense attorney today. Our team of criminal defense lawyers have helped hundreds of clients charged with every type of sex offense, and we can help you too. Call today!

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909-913-3138

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