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State of Limitations in Texas

With a large portion of our practice dealing with criminal law, we get a number of inquiries from people about the statute of limitations in Texas law. This will vary from any Federal statute of limitations on Federal crimes.

Many times, folks think that their county district attorney has run out of time to bring charges in a specific case.

That time varies depending on the alleged offense.

There are a number of criminal offenses where there is no statute of limitations, there is no time limit on charges being filed. In come casts the state of limitations may be tolled, or suspended, under certain circumstances.

All of the particulars are outlined in the Texas Code of Criminal Procedure, Article 12 “Limitations”.

If the state fails to bring a criminal case against a suspect within a limited time period it loses the right to prosecute the offense.

Let’s take a look at the offenses, these are generally:

Criminal Offenses With No Limitation – Article 12.01(1)



Sexual Assault of a Child

Aggravated Sexual Assault of a Child

Sexual Assaults where DNA was collected

Serial Sexual Assault

Continuous Sexual Assault

Indecency with a Child

Leaving the scene of an accident resulting in death

Continuous Trafficking of Persons

Compelling Prostitution of Child under 18 years of age

Criminal Offenses With 10-Year Limitation – Article 12.01(2)

Sexual Assault

Compelling Prostitution

Trafficking of Persons


Injury to Elderly or Disabled (First Degree)

Theft by a Public Servant of Government Property

Theft by Trustee

Criminal Offenses With 7-Year Limitation – Article 12.01(3)

Money Laundering

Healthcare (Medicaid) Fraud


Credit Card or Debit Card Abuse

False Statement to Obtain Credit

Misapplication of Fiduciary Property

Securing Fiduciary Property by Deception

Felony Violation of Tax Code Chapter 162 (Motor Fuel Taxes)

Criminal Offenses With 5-Year Limitation – Article 12.01(4)





Insurance Fraud

Injury to Elderly or Disabled (other than First Degree offense)

Abandoning or Endangering a Child

Criminal Offenses With 5-Year Limitation – Article 12.01(5)

Sexual Performance by a Child (If the victim was under age 17 at the time of the offense, 20 years from the victim’s 18th birthday)

Aggravated Kidnapping with Intent to Commit a Sexual Offense (If the victim was under age 17 at the time of the offense, 20 years from the victim’s 18th birthday)

Insurance Fraud

Criminal Offenses With 5-Year Limitation – Article 12.01(6)

Injury to a Child (Ten years from the 18th birthday of the victim)

Criminal Offenses With 3-Year Limitation – Article 12.01(7)

Other Felonies

Criminal Offenses With 2-Year Limitation – Article 12.01(7)


DWI Misdemeanor Criminal Offenses 2-Year Limitation

Driving While Intoxicated

Driving While Intoxicated – Misdemeanor Repetition

Dring While Intoxicated with a Blood Alcohol Content (BAC) of greater than or equal to .15

DWI Criminal Offenses 3-Year Limitation

Intoxication Assault

Intoxication Manslaughter

Driving While Intoxicated with a Child Passenger

Driving While Intoxicated – Felony Repetition

CategoryCriminal Law
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Blizzard and Zimmerman Attorneys Abilene Texas