Statute of limitations limits how long a victim has to report a crime. Here is a list of 7 crimes without statutes of limitations.
What is a Statute of Limitations?
The statute of limitations affects how long a victim has to report a charge against a defendant. This varies from state to state as well as from crime to crime. The purpose of this is to give rights to the defendant, who must have the ability to defend themselves against the crime. Without this limit, the defendant may have no way of defending themselves because the crime is so far into the past, and the evidence may no longer be viable or exist.
7 crimes without a statute of limitations:
1) Acts of Terrorism that caused death or severe injuries
a) Not all acts of terrorism have an unlimited statute. For instance, the US Department of Justice states that non-capital acts of terrorism will have an eight-year statute of limitations. Examples of non-capital acts include: carrying a weapon aboard an aircraft and willful injury to government property. Capital acts of terrorism are defined in United States Law as acts that result in or created a foreseeable risk of severe bodily harm or death of another person. Examples of terrorism crimes without the statute of limitations include kidnapping and murder.
2) First and second-degree murder
a) What is the difference between first-degree and second-degree murder?
- First-degree murder is interchangeable with premeditated murder. This means that there must be evidence of planning and willful desire to commit the murder. Each state has different components that make up the definition of first-degree murder, but they focus primarily on the planning of the murder. Second-degree murder removes the premeditative aspect of the act. It is also not subject to capital punishment, whereas first-degree murder can be in some states. It is important to review each state’s definitions of these charges.
b) Murder: No Statute of Limitations
- Because of the severity of the crime, murder goes without a statute of limitations. This means murder charges can be filed at any time, even if it has been years since the alleged act occurred. Both first and second-degree murder has no limitations.
3) Production of child pornography
a) Child pornography consists of video, audio, or photos of a child under the age of 18. This crime has no statute of limitations at the federal level and is typically charged as a felony offense. In addition, the law does not just affect those in possession of pornography but also those who viewed and distributed the contents as well. Because there is no statute of limitations for this crime, the charges can be brought about at any time.
Related: California’s Statute of Limitations for Sexual Abuse
4) Forgery
a) Forgery is when an individual falsifies a signature, creates a false document, unlawfully uses a digital signature, or uses a digital device to sign another individual’s signature. Not all states have a statute of limitations for this crime, but Illinois is an example of one that does not have a statute. This crime can defraud an individual, so it bears severe consequences if convicted in some cases.
5) Reckless homicide
Reckless homicide is a type of involuntary manslaughter that occurs with a vehicle. Involuntary Manslaughter is considered participating in an act that may bring about death in a reckless and uncareful manner. Because this activity can produce murder, when it does, the statute of limitations is unlimited.
6) War Crimes
International law ensures that war crimes have no statute of limitations. Examples of such acts include murder and torture.
7) Felony Sex Crimes
The statute of limitations for felony sex crimes changes on a state-by-state basis. Many states are beginning to remove the statute of limitations for such crimes. For example, Kansas removed the statute for all rape cases back in 2013. The movement to end the statute has been pushed because these crimes are so severe and damaging for the victim.
Related: Texas Statute of Limitations on Sex Crimes
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