TX Statutes of Limitation Flashcards
Murder & Manslaughter
No limitation
Sexual Assault of a Child PC 22.001(a)(2)
No limitation
Aggravated Sexual Assault of a Child PC 22.021(a)(1)(B)
No limitation
Sexual Assault - no readily ascertainable identity
No limitation
Continuous Sexual Abuse of a Child PC 21.02
No limitation
Indecency with a Child
No limitation
Leaving Scene of Accident - Death
No limitation
Continuous Trafficking of Persons
No limitation
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
10 years
Theft by Public Servant - in official capacity
10 years
Forgery or the uttering, using, or passing of a forged instrument
10 years
Injury to Elderly or Disabled - 1st Deg.
10 years
Sexual Assault (except of a child)
10 years
Trafficking of Person (not child)
10 years
Compelling Prostitution (not a child)
10 years
Misapplication of Fiduciary Property or Property of Financial Institution
7 years
2 Types of State of Limitation Defenses
- Absolute bar SOL – on face of indictment;
– Raised in pretrial motion under 27.08(2)
– May be raised for first time on appeal - 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