TX Statutes of Limitation Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

Murder & Manslaughter

A

No limitation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Sexual Assault of a Child PC 22.001(a)(2)

A

No limitation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Aggravated Sexual Assault of a Child PC 22.021(a)(1)(B)

A

No limitation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Sexual Assault - no readily ascertainable identity

A

No limitation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Continuous Sexual Abuse of a Child PC 21.02

A

No limitation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Indecency with a Child

A

No limitation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Leaving Scene of Accident - Death

A

No limitation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Continuous Trafficking of Persons

A

No limitation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Theft of any estate, real, personal or mixed, by executor, administrator, guardian, or trustee, with intent to defraud creditor, heir, legatee, ward, distributee, beneficiary, or settlor of a trust

A

10 years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Theft by Public Servant - in official capacity

A

10 years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Forgery or the uttering, using, or passing of a forged instrument

A

10 years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Injury to Elderly or Disabled - 1st Deg.

A

10 years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Sexual Assault (except of a child)

A

10 years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Trafficking of Person (not child)

A

10 years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Compelling Prostitution (not a child)

A

10 years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Misapplication of Fiduciary Property or Property of Financial Institution

A

7 years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

2 Types of State of Limitation Defenses

A
  1. Absolute bar SOL – on face of indictment;
    – Raised in pretrial motion under 27.08(2)
    – May be raised for first time on appeal
  2. Factual SOL Defense – by facts raised at trial. PROCTOR
    – Raised by facts at trial
    – Jury gets instruction on defense
    – Waived if not raised before or during trial
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Securing execution by deception

A

7 years

19
Q

Felony tax evasion

A

7 years

20
Q

False statement to obtain property or credit

A

7 years

21
Q

Money laundering

A

7 years

22
Q

Credit/Debit card abuse

A

7 years

23
Q

Fraudulent possession of ID info.

A

7 years

24
Q

Bigamy

A

7 years

25
Q

Medicaid fraud

A

7 years

26
Q

Theft or robbery

A

5 years

27
Q

Kidnapping or burglary

A

5 years

28
Q

Injury to elderly/disabled (not 1st Deg)

A

5 years

29
Q

Abandoning or endangering child

A

5 years

30
Q

Insurance fraud

A

5 years

31
Q

Sexual performance of child

A

20 years from 18th B-day of Vic.

32
Q

Agg kidnapping of child with intent to violate or abuse child

A

20 years from 18th B-day of Vic.

33
Q

Burg. With intent to commit child sex crime

A

20 years from 18th B-day of Vic.

34
Q

Injury to a child

A

10 years from 18th B-day of Vic.

35
Q

Bigamy (younger than 18)

A

10 years from 18th B-day of Vic.

36
Q

Compelling prostitution of child

A

10 years from 18th B-day of Vic.

37
Q

Trafficking of child (forced labor)

A

10 years from 18th B-day of Vic.

38
Q

Aggravated, Attempt, Conspiracy, Solicitation, Organized Crime

A

Same as Underlying Offense (generally)

CCP 12.03

39
Q

How do you compute SOL?

A

Day of offense and day of indictment EXCLUDED in computation CCP 12.04

40
Q

What tolls SOL?

A

Time tolls during time:
(1) ACCUSED is out of State**; and
(2) charging instrument is filed. CCP 12.05
Hernandez CCA ’04

41
Q

When SOL tolls for filing of charging instrument to what does it apply?

A

Tolling applies if charging instrument for CONDUCT not necessarily STATUTE

42
Q

When does someone become “accused” for out-of-state tolling of SOL?

A

“Accused” means when any criminal action is taken (i.e. arrest, warrant, complaint, or other proceeding

43
Q

Does tolling happen when complaint is filed in Justice court?

A

Justice court complaint doesn’t toll statute for felony (no jurisdiction)