TX Statutes of Limitation Flashcards

1
Q

Murder & Manslaughter

A

No limitation

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2
Q

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

A

No limitation

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3
Q

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

A

No limitation

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4
Q

Sexual Assault - no readily ascertainable identity

A

No limitation

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5
Q

Continuous Sexual Abuse of a Child PC 21.02

A

No limitation

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6
Q

Indecency with a Child

A

No limitation

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7
Q

Leaving Scene of Accident - Death

A

No limitation

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8
Q

Continuous Trafficking of Persons

A

No limitation

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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

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10
Q

Theft by Public Servant - in official capacity

A

10 years

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11
Q

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

A

10 years

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12
Q

Injury to Elderly or Disabled - 1st Deg.

A

10 years

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13
Q

Sexual Assault (except of a child)

A

10 years

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14
Q

Trafficking of Person (not child)

A

10 years

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15
Q

Compelling Prostitution (not a child)

A

10 years

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16
Q

Misapplication of Fiduciary Property or Property of Financial Institution

A

7 years

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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
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18
Q

Securing execution by deception

19
Q

Felony tax evasion

20
Q

False statement to obtain property or credit

21
Q

Money laundering

22
Q

Credit/Debit card abuse

23
Q

Fraudulent possession of ID info.

24
Q

Bigamy

25
Medicaid fraud
7 years
26
Theft or robbery
5 years
27
Kidnapping or burglary
5 years
28
Injury to elderly/disabled (not 1st Deg)
5 years
29
Abandoning or endangering child
5 years
30
Insurance fraud
5 years
31
Sexual performance of child
20 years from 18th B-day of Vic.
32
Agg kidnapping of child with intent to violate or abuse child
20 years from 18th B-day of Vic.
33
Burg. With intent to commit child sex crime
20 years from 18th B-day of Vic.
34
Injury to a child
10 years from 18th B-day of Vic.
35
Bigamy (younger than 18)
10 years from 18th B-day of Vic.
36
Compelling prostitution of child
10 years from 18th B-day of Vic.
37
Trafficking of child (forced labor)
10 years from 18th B-day of Vic.
38
Aggravated, Attempt, Conspiracy, Solicitation, Organized Crime
Same as Underlying Offense (generally) | CCP 12.03
39
How do you compute SOL?
Day of offense and day of indictment EXCLUDED in computation CCP 12.04
40
What tolls SOL?
Time tolls during time: (1) ACCUSED is out of State**; and (2) charging instrument is filed. CCP 12.05 Hernandez CCA ’04
41
When SOL tolls for filing of charging instrument to what does it apply?
Tolling applies if charging instrument for CONDUCT not necessarily STATUTE
42
When does someone become "accused" for out-of-state tolling of SOL?
“Accused” means when any criminal action is taken (i.e. arrest, warrant, complaint, or other proceeding
43
Does tolling happen when complaint is filed in Justice court?
Justice court complaint doesn’t toll statute for felony (no jurisdiction)