Periods of limitation
Sec. 2. (a) Except as otherwise provided in this section, a
prosecution for an offense is barred unless it is commenced:
(1) within five (5) years after the commission of the offense, in
the case of a Class B, Class C, or Class D felony; or
(2) within two (2) years after the commission of the offense, in
the case of a misdemeanor.
(b) A prosecution for a Class B or Class C felony that would
otherwise be barred under this section may be commenced within
one (1) year after the earlier of the date on which the state:
(1) first discovers the identity of the offender with DNA
(deoxyribonucleic acid) evidence; or
(2) could have discovered the identity of the offender with DNA
(deoxyribonucleic acid) evidence by the exercise of due
diligence.
However, for a Class B or Class C felony in which the state first
discovered the identity of an offender with DNA (deoxyribonucleic
acid) evidence after the time otherwise allowed for prosecution and
before July 1, 2001, the one (1) year period provided in this
subsection is extended to July 1, 2002.
(c) A prosecution for a Class A felony may be commenced at any
time.
(d) A prosecution for murder may be commenced:
(1) at any time; and
(2) regardless of the amount of time that passes between:
(A) the date a person allegedly commits the elements of
murder; and
(B) the date the alleged victim of the murder dies.
(e) A prosecution for the following offenses is barred unless
commenced before the date that the alleged victim of the offense
reaches thirty-one (31) years of age:
(1) IC 35-42-4-3(a) (Child molesting).
(2) IC 35-42-4-5 (Vicarious sexual gratification).
(3) IC 35-42-4-6 (Child solicitation).
(4) IC 35-42-4-7 (Child seduction).
(5) IC 35-46-1-3 (Incest).
(f) A prosecution for forgery of an instrument for payment of
money, or for the uttering of a forged instrument, under
IC 35-43-5-2, is barred unless it is commenced within five (5) years
after the maturity of the instrument.
(g) If a complaint, indictment, or information is dismissed because
of an error, defect, insufficiency, or irregularity, a new prosecution
may be commenced within ninety (90) days after the dismissal even
if the period of limitation has expired at the time of dismissal, or will
expire within ninety (90) days after the dismissal.
(h) The period within which a prosecution must be commenced
does not include any period in which:
(1) the accused person is not usually and publicly resident in
Indiana or so conceals himself that process cannot be served on
him;
(2) the accused person conceals evidence of the offense, and
evidence sufficient to charge him with that offense is unknown
to the prosecuting authority and could not have been discovered
by that authority by exercise of due diligence; or
(3) the accused person is a person elected or appointed to office
under statute or constitution, if the offense charged is theft or
conversion of public funds or bribery while in public office.
(i) For purposes of tolling the period of limitation only, a
prosecution is considered commenced on the earliest of these dates:
(1) The date of filing of an indictment, information, or
complaint before a court having jurisdiction.
(2) The date of issuance of a valid arrest warrant.
(3) The date of arrest of the accused person by a law
enforcement officer without a warrant, if the officer has
authority to make the arrest.
(j) A prosecution is considered timely commenced for any offense
to which the defendant enters a plea of guilty, notwithstanding that
the period of limitation has expired.
As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977,
P.L.340, SEC.17; P.L.309-1985, SEC.2; P.L.232-1993, SEC.3;
P.L.9-2000, SEC.1; P.L.48-2001, SEC.1; P.L.1-2002, SEC.149;
P.L.97-2004, SEC.124.
Last modified: May 24, 2006