Code of Criminal Procedure · Art. 12.01

Felony Limitation Periods

Felony Limitation Periods is covered under Art. 12.01 and tested on the TCOLE peace officer licensing exam. Cadets typically encounter this topic under "Procedure" on practice exams.

To prove this offense, the State must establish each of the following elements: No limitations: murder, manslaughter, certain sex offenses against children, etc.; Misdemeanors: 2 years (art. 12.02); Property felonies: commonly 5–10 years (depending on offense).

Elements you must prove

  • No limitations: murder, manslaughter, certain sex offenses against children, etc.
  • Misdemeanors: 2 years (art. 12.02)
  • Property felonies: commonly 5–10 years (depending on offense)

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Worked examples

Worked example 1

Statute of limitations under CCP art. 12.01: indictment for murder, capital murder, manslaughter, sexual assault of a child, and certain other offenses must be presented:

  1. Within 7 years
  2. There is NO limitation for certain enumerated offenses including murder and many sexual offenses against children Correct
  3. Within 1 year
  4. Within 3 years
Why: Art. 12.01 lists offenses for which there is NO limitation period — including murder/manslaughter, certain sexual offenses against children, leaving the scene of an accident causing death, and several others. Theft, burglary, and most other felonies have specified periods (commonly 5 or 10 years for property felonies; 7 years for some), and most misdemeanors have a 2-year period (art. 12.02).
Statute: Tex. Code Crim. Proc. art. 12.01