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Last Modified on Dec 06, 2025
Knowing what crimes have no statute of limitations in California is crucial, particularly for individuals who may be dealing with an ongoing criminal investigation or accusations that allege they committed a crime years ago. Although many criminal offences need to be charged within a certain time period, California law provides exceptions for certain serious offenses.
California Penal Code § 799 allows prosecutors to bring forward certain charges at any time, regardless of how much time has passed since the alleged offense occurred. Therefore, it is crucial for those facing charges or who suspect an investigation to be aware of how no limitation crimes in California work, as well as the offenses that are included under current statutes.
What Does “No Statute of Limitations” Mean in California?
Statute of limitations is considered to be a deadline that puts a cap on how much time prosecutors have to file criminal charges after an alleged offense, which is set by the law. If a crime does not have any statute of limitations, the state can prosecute without restriction in the future. Circumstances, witnesses, and evidence can significantly change with time. However, the passing years do not bar the prosecution from pressing charges.
This rule is reserved in California for crimes that are considered to be particularly harmful to public trust or especially severe, such as:
- Crimes punishable by death or life imprisonment: Any offense that is punishable by life without the possibility of parole, life in state prison, or death does not have a statute of limitations. Crimes like murder & manslaughter, gun crimes, and other aggravated offenses that carry life sentences can fall under this category.
- Embezzlement of public money: There’s also no statute of limitations on crimes that involve the embezzlement of public funds, as they involve the misuse of taxpayer funds and significantly breach public trust.
- Serious sexual offenses: Certain qualifying felony sex crimes may fall under this category, such as rape, statutory rape, spousal rape, forcible sexual penetration, continuous sexual abuse of a child, sexual penetration by force or threat, sodomy, or oral copulation by force or lewd acts involving substantial sexual conduct or sexual offenses.
These rules generally apply to crimes that were committed on or after January 1, 2017, or older offenses where the statute of limitations had not already expired as of that date.
Why Statutes of Limitations Matter in California
To understand the crimes that do not have a statute of limitations in California, it’s important to look at general crime trends that are happening across the state. According to U.S. Census data from 2020, California has a population of roughly 39.5 million people. Even a small percentage change in crime can impact tens of thousands of individuals.
Although recent data from the Department of Justice in California reports that overall crime rates have gone down, severe violent offenses continue to remain on the radar of prosecutors and law enforcement. In 2024, violent crime rates decreased by roughly 6%, going from 511 incidents per 100,000 people in 2023 to 480.3 in 2024.
Furthermore, according to the Public Policy Institute of California, aggravated assault and robbery crimes increased by 1.7% and 3.8% in 2023, while rape and homicide decreased by 3% and 13.7%, respectively. Such a mix of trends underscores why legislators in California have chosen to preserve the ability to indefinitely prosecute the most severe offenses.
Even as overall crime rates may change, prosecutors and lawmakers continue to prioritize cases that involve breaches of public trust, severe sex crimes, and significant violence.
FAQs
What Does It Mean When a Crime Has No Statute of Limitations in California?
When a crime has no statute of limitations in California, this means that prosecutors may be able to file charges regardless of how much time has passed since the alleged offense occurred. This means that even if the alleged offense happened decades ago, no deadline can prevent the victim from pursuing a legal claim.
What Crimes Have No Statute of Limitations in California?
Crimes that have no statute of limitations in California are defined under California Penal Code § 799, which establishes crimes, such as embezzlement of public funds, specific sex crimes on the felony level, and offenses that are punishable either by life in prison or death. If the statutory conditions are met, the prosecution has the mandate to bring forward charges at any time for such offenses.
Does Murder Have a Statute of Limitations in California?
No, there is no statute of limitations on murder in California. This is because murder is a crime punishable by life in prison without the possibility of parole or life imprisonment. These types of crimes do not have a statute of limitations in California. This means that the prosecution may file charges at any point, regardless of whether months or years have passed since the alleged incident.
Are There Sex Crimes With No Statute of Limitations in California?
Yes, there are sex crimes with no statute of limitations in California. Sex crimes that do not have a statute of limitations are specific felony sex offenses, such as continuous sexual abuse of a child, lewd acts involving substantial sexual conduct, forcible sexual penetration, or certain types of rape.
Such rules are mostly applicable to crimes that have been committed on or after January 1, 2017, with other specific exceptions.
Can Embezzlement Be Charged Without a Time Limit in California?
Yes, embezzlement can be charged without a time limit in California, because the crime of embezzlement of public money does not have a statute of limitations in this state. This is because these crimes seriously breach public trust and involve the misuse of public money, meaning that prosecutors can seriously crack down on such crimes, bringing forward charges whenever sufficient evidence comes to the surface.
Hire a Criminal Defense Lawyer Today
Crimes that do not have a statute of limitations can be charged by the prosecution at any point in time. If you suspect that you could be at risk, hire a criminal defense lawyer from Tully & Weiss who can help defend your rights, reputation, and future. Our team can also help you better understand what crimes have no statute of limitations in California.
Contact us today to get started building an innovative and robust defense that protects all that you have worked so hard to build. We serve clients in Redding, Anderson, Shasta Lake, Palo Cedro, Cottonwood, and communities throughout Shasta County.
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