In California’s legal system, lots of crimes have statutes of limitations. But not every crime. There’s a list of very specific exceptions, spelled out by California Penal Code § 799. If you’re accused of a crime that doesn’t have a statute of limitations, you can be facing charges at any time in the future if new evidence such as DNA comes to light. Whether it’s next year or 50 years from now.

For instance, the Golden State Killer committed several murders between 1974 and 1986, and he wasn’t arrested until 2018.

The statute of limitations exists to make sure the criminal justice process is fair and balanced for defendants. Over time, a witness’s memory can fade. Or evidence might be lost or destroyed. These are just some of the situations where having a statute of limitations is important. But when it comes to some very egregious offenses, justice for victims doesn’t have an expiration date.

What Is the Statute of Limitations?

The statute of limitations is the time limit a prosecutor has to file charges against an alleged perpetrator. In civil cases, this gives prosecutors and individuals a specific amount of time for filing a lawsuit. If the claim or charges aren’t filed during that time, the case will be barred.

The statute of limitations mandated by California Penal Codes 799-802 are one year for most misdemeanors and three years for the majority of felonies and other crimes that can send you to prison

What Crimes In California Have No Statute Of Limitations?

Penal Code § 799 goes into detail about the statute of limitations exceptions on specific criminal charges.

1. Crimes Punishable by Death or Life Imprisonment:

When a crime carries the death penalty or life in prison (with or without parole), you don’t have a statute of limitations. This is the most broad category under PC § 799(a). It includes not just murder, but also treason (Penal Code § 37), aggravated kidnapping (Penal Code § 209), a train wreck resulting in death (Penal Code § 219), and specific torture offenses (Penal Code § 206).

2. Murder and Manslaughter Charges:

There’s not a statute of limitations for murder in California. This includes both first-degree murder, and second-degree murder. Also some manslaughter charges

Because these all carry possible life sentences, they fall under PC § 799. This means:

• Prosecutors can still charge you with Penal Code § 187 murder no matter how long it’s been.
• Cold cases get re-opened all the time.
• New forensic technology like DNA testing has led to charges for decades-long cold cases.

The state still has the burden of proving “beyond a shadow of a doubt” you committed the crime.

3. Capital Murder and Special Circumstances:

Penal Code § 190.2 details specific “special circumstances” that raise a murder charge to a much higher level of severity.

1. Murder was committed for financial gain.
2. The defendant is standing trial for multiple murders, and one of them is a first-degree murder.
3. The murder involved a hate crime.
4. The defendant was a member of a street gang.
5. Murder of a firefighter, federal law enforcement officer, or a peace officer.
6. A witness was murdered so they couldn’t testify against the defendant.
7. A drive-by shooting killed a victim.
8. Murder committed via poison.
9. Murder committed while committing or attempting to commit other felonies, including kidnapping, robbery, arson, or rape.
10. Murder was committed to escape or keep from being arrested.
11. The victim was a prosecutor, judge, government official, or juror killed as retaliation or to keep them from doing their job.
12. Murder occurred in the commission of a felony.
13. The murder involved torture.
14. Murder was because of religion, race, or nationality.
15. Murder committed while lying in wait.
16. Murder committed by a destructive device or bomb.

4. Embezzlement of Public Funds:

Embezzlement is a white-collar crime, but charges can be filed at any point in the future. The state of California takes embezzlement of public funds very seriously, with PC § 799(a). In fact, it’s the only financial crime that doesn’t have a statute of limitations.

The reason the state takes it so seriously is because this is money that belongs to the citizens of California, specifically taxpayers. If a government employee steals this money, it’s a huge breach of trust. Treated with the same seriousness as violent crime. Whether the embezzlement happened 20 years ago or 60 years ago, you can still be prosecuted.

5. Serious Sexual Offenses With DNA Evidence:

The Justice for Victims Act (Senate Bill 813) was signed in 2016 and took effect January 1, 2017. Since then, lots of sex offenses now have no statute of limitations under PC § 799(b)(1). For example:

1. Forcible rape and rape of someone an intoxicated or unconscious person (PC § 261)
2. Rape in concert (PC § 264.1)
3. Forced or violent sodomy, or the threat of it (PC § 286)
4. Forced oral copulation (PC § 287)
5. Penetrating someone with a foreign object forcefully (PC § 289)

This law goes for crimes that were committed on or after January 1, 2017. And crimes committed before that date where the prior statute of limitations had not yet expired.

6. Sex Crimes Against Minors:

California doesn’t play around when it comes to sex crimes against minors. There’s not a statute of limitations on any of these:

• Lewd or lascivious acts with a child under 14 (PC § 288)
• Continuous sexual abuse of a child (PC § 288.5)

Prosecution has until the victim turns 40. Lots of child sexual abuse victims don’t come forward until they’re much older. The law keeps this in mind.

7. Additional Sex Offenses:

Are there any crimes with no statute of limitations beyond those already listed? Yes. But they’ve got to meet SB 813 criteria, which is force, violence, threats, victim unable to consent.

If the offense doesn’t fall under the “no limit” rule, the filing window also can be extended if there’s DNA evidence. Prosecutors can use PC § 803(g) when DNA testing identifies a suspect.

8. Human Trafficking and Kidnapping:

Some specific human trafficking and kidnapping offenses can get life sentences. So they fall under PC § 799(a).

1. Aggravated kidnapping for ransom, reward, or extortion (PC § 209).
2. Kidnapping during a carjacking (PC § 209.5).
3. Human trafficking involves a minor for a sex act (PC § 236.1).

9. Crimes Against Humanity and War Crimes:

Federal law comes into play also in this case. When it’s war crimes or crimes against humanity, there’s not a statute of limitations. This goes for both California statute and federal jurisdiction and are:

• Genocide.
• Torture (as defined by international law).
• Acts of mass violence.

The Role of DNA Evidence in Statutes of Limitations:

Advancements in DNA evidence have reshaped how time limits on criminal prosecution in California.

How DNA Evidence Extends Prosecution Timelines:

Penal Code § 803(g) states that if DNA testing conclusively identifies a suspect in some sex offenses, a prosecutor can file charges within a year of that identification. Even when the original statute of limitations has expired. The law was designed for instances when forensic advances can link suspects to a crime that happened years ago.

Exceptions:

DNA exceptions have limits. For one thing, the crime must have occurred on or after January 1, 2001. And also, the DNA evidence has to have been analyzed within two years of when the crime took place.

Crimes before 2001, the DNA had to be analyzed by January 1, 2004. If a prosecutor doesn’t act within a year of a confirmed DNA match, they lose their chance at the exception. And too, defense attorneys can challenge the chain of custody, along with testing methods and corroboration.

Contact Ledger Law for Support:

If you’re worried about crimes that don’t have a statute of limitations, the most important thing to do is get in touch with an attorney at Ledger Law ASAP. We’ll go over your case and make sure you understand your rights. Then, help you build a strong defense.

Final Words:

When you’re charged with a crime that was committed years or decades ago, it’s even more challenging to defend yourself against the charges. Things like remembering where you were when the crime took place, or even recalling whether or not you even knew the victims, can cause you to look unprepared. And being nervous and unprepared in front of a jury is a dangerous place to find yourself in. Get in touch with Ledger Law if you’re in this situation.