CHAPTER 12. LIMITATION - Texas Statutes

CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 12. LIMITATION

Art. 12.01. FELONIES. Except as provided in Article 12.03,

felony indictments may be presented within these limits, and not

afterward:

(1) no limitation:

(A) murder and manslaughter;

(B) sexual assault under Section 22.011(a)(2), Penal Code, or

aggravated sexual assault under Section 22.021(a)(1)(B), Penal

Code;

(C) sexual assault, if during the investigation of the offense

biological matter is collected and subjected to forensic DNA

testing and the testing results show that the matter does not

match the victim or any other person whose identity is readily

ascertained;

(D) continuous sexual abuse of young child or children under

Section 21.02, Penal Code;

(E) indecency with a child under Section 21.11, Penal Code; or

(F) an offense involving leaving the scene of an accident under

Section 550.021, Transportation Code, if the accident resulted in

the death of a person;

(2) ten years from the date of the commission of the offense:

(A) theft of any estate, real, personal or mixed, by an

executor, administrator, guardian or trustee, with intent to

defraud any creditor, heir, legatee, ward, distributee,

beneficiary or settlor of a trust interested in such estate;

(B) theft by a public servant of government property over which

he exercises control in his official capacity;

(C) forgery or the uttering, using or passing of forged

instruments;

(D) injury to an elderly or disabled individual punishable as a

felony of the first degree under Section 22.04, Penal Code;

(E) sexual assault, except as provided by Subdivision (1); or

(F) arson;

(3) seven years from the date of the commission of the offense:

(A) misapplication of fiduciary property or property of a

financial institution;

(B) securing execution of document by deception;

(C) a felony violation under Chapter 162, Tax Code;

(D) false statement to obtain property or credit under Section

32.32, Penal Code;

(E) money laundering;

(F) credit card or debit card abuse under Section 32.31, Penal

Code; or

(G) fraudulent use or possession of identifying information

under Section 32.51, Penal Code;

(4) five years from the date of the commission of the offense:

(A) theft or robbery;

(B) except as provided by Subdivision (5), kidnapping or

burglary;

(C) injury to an elderly or disabled individual that is not

punishable as a felony of the first degree under Section 22.04,

Penal Code;

(D) abandoning or endangering a child; or

(E) insurance fraud;

(5) if the investigation of the offense shows that the victim is

younger than 17 years of age at the time the offense is

committed, 20 years from the 18th birthday of the victim of one

of the following offenses:

(A) sexual performance by a child under Section 43.25, Penal

Code;

(B) aggravated kidnapping under Section 20.04(a)(4), Penal Code,

if the defendant committed the offense with the intent to violate

or abuse the victim sexually; or

(C) burglary under Section 30.02, Penal Code, if the offense is

punishable under Subsection (d) of that section and the defendant

committed the offense with the intent to commit an offense

described by Subdivision (1)(B) or (D) of this article or

Paragraph (B) of this subdivision;

(6) ten years from the 18th birthday of the victim of the

offense:

injury to a child under Section 22.04, Penal Code; or

(7) three years from the date of the commission of the offense:

all other felonies.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts

1973, 63rd Leg., p. 975, ch. 399, Sec. 2(B), eff. Jan. 1, 1974;

Acts 1975, 64th Leg., p. 478, ch. 203, Sec. 5, eff. Sept. 1,

1975.

Amended by Acts 1983, 68th Leg., p. 413, ch. 85, Sec. 1, eff.

Sept. 1, 1983; Acts 1983, 68th Leg., p. 5317, ch. 977, Sec. 7,

eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 330, Sec. 1, eff.

Aug. 26, 1985; Acts 1987, 70th Leg., ch. 716, Sec. 1, eff. Sept.

1, 1987; Acts 1991, 72nd Leg., ch. 565, Sec. 6, eff. Sept. 1,

1991; Acts 1995, 74th Leg., ch. 476, Sec. 1, eff. Sept. 1, 1995;

Acts 1997, 75th Leg., ch. 740, Sec. 1, eff. Sept. 1, 1997; Acts

1999, 76th Leg., ch. 39, Sec. 1, eff. Sept. 1, 1999; Acts 1999,

76th Leg., ch. 1285, Sec. 33, eff. Sept. 1, 2000; Acts 2001, 77th

Leg., ch. 12, Sec. 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg.,

ch. 1479, Sec. 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch.

1482, Sec. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 371,

Sec. 6, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec.

5.001, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

1162, Sec. 6, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

285, Sec. 6, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

593, Sec. 1.03, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

640, Sec. 1, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

841, Sec. 1, eff. September 1, 2007.

Reenacted and amended by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 6.001, eff. September 1, 2009.

Reenacted and amended by Acts 2009, 81st Leg., R.S., Ch.

1227, Sec. 38, eff. September 1, 2009.

Art. 12.02. MISDEMEANORS. (a) An indictment or information for

any Class A or Class B misdemeanor may be presented within two

years from the date of the commission of the offense, and not

afterward.

(b) A complaint or information for any Class C misdemeanor may

be presented within two years from the date of the commission of

the offense, and not afterward.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts

1973, 63rd Leg., p. 975, ch. 399, Sec. 2(B), eff. Jan. 1, 1974.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

472, Sec. 1, eff. September 1, 2009.

Art. 12.03. AGGRAVATED OFFENSES, ATTEMPT, CONSPIRACY,

SOLICITATION, ORGANIZED CRIMINAL ACTIVITY. (a) The limitation

period for criminal attempt is the same as that of the offense

attempted.

(b) The limitation period for criminal conspiracy or organized

criminal activity is the same as that of the most serious offense

that is the object of the conspiracy or the organized criminal

activity.

(c) The limitation period for criminal solicitation is the same

as that of the felony solicited.

(d) Except as otherwise provided by this chapter, any offense

that bears the title "aggravated" shall carry the same limitation

period as the primary crime.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts

1973, 63rd Leg., p. 975, ch. 399, Sec. 2(B), eff. Jan. 1, 1974.

Amended by Acts 1987, 70th Leg., ch. 1133, Sec. 1, eff. Sept. 1,

1987; Subsec. (d) amended by Acts 1997, 75th Leg., ch. 740, Sec.

2, eff. Sept. 1, 1997.

Art. 12.04. COMPUTATION. The day on which the offense was

committed and the day on which the indictment or information is

presented shall be excluded from the computation of time.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts

1973, 63rd Leg., p. 976, ch. 399, Sec. 2(B), eff. Jan. 1, 1974.

Art. 12.05. ABSENCE FROM STATE AND TIME OF PENDENCY OF

INDICTMENT, ETC., NOT COMPUTED. (a) The time during which the

accused is absent from the state shall not be computed in the

period of limitation.

(b) The time during the pendency of an indictment, information,

or complaint shall not be computed in the period of limitation.

(c) The term "during the pendency," as used herein, means that

period of time beginning with the day the indictment,

information, or complaint is filed in a court of competent

jurisdiction, and ending with the day such accusation is, by an

order of a trial court having jurisdiction thereof, determined to

be invalid for any reason.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts

1973, 63rd Leg., p. 976, ch. 399, Sec. 2(B), eff. Jan. 1, 1974.

Art. 12.06. AN INDICTMENT IS "PRESENTED," WHEN. An indictment is

considered as "presented" when it has been duly acted upon by the

grand jury and received by the court.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts

1973, 63rd Leg., p. 976, ch. 399, Sec. 2(B), eff. Jan. 1, 1974.

Art. 12.07. AN INFORMATION IS "PRESENTED," WHEN. An information

is considered as "presented," when it has been filed by the

proper officer in the proper court.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts

1973, 63rd Leg., p. 976, ch. 399, Sec. 2(B), eff. Jan. 1, 1974.