CODE OF CRIMINAL PROCEDURE
CHAPTER 12. LIMITATION
Art. 12.01. Felonies
Except as provided in Article 12.03, felony indictments may be
presented within these limits, and not afterward:
(1) no limitation:
(A) murder and manslaughter;
(B) sexual assault, if during the investigation of the offense
biological matter is collected and subjected to forensic DNA
testing and the testing results show that the matter does not match
the victim or any other person whose identity is readily
ascertained; or
(C) an offense involving leaving the scene of an accident under
Section 550.021, Transportation Code, if the accident resulted in
the death of a person;
(2) ten years from the date of the commission of the offense:
(A) theft of any estate, real, personal or mixed, by an executor,
administrator, guardian or trustee, with intent to defraud any
creditor, heir, legatee, ward, distributee, beneficiary or settlor
of a trust interested in such estate;
(B) theft by a public servant of government property over which he
exercises control in his official capacity;
(C) forgery or the uttering, using or passing of forged
instruments;
(D) injury to a child, elderly individual, or disabled individual
punishable as a felony of the first degree under Section 22.04,
Penal Code;
(E) sexual assault, except as provided by Subdivision (1) or (5);
or
(F) arson;
(3) seven years from the date of the commission of the offense:
(A) misapplication of fiduciary property or property of a financial
institution;
(B) securing execution of document by deception; or
(C) a violation under Sections 153.403(22)-(39), Tax Code;
(4) five years from the date of the commission of the offense:
(A) theft, burglary, robbery;
(B) kidnapping;
(C) injury to a child, elderly individual, or disabled individual
that is not punishable as a felony of the first degree under Section
22.04, Penal Code; or
(D) abandoning or endangering a child;
(5) ten years from the 18th birthday of the victim of the offense:
(A) indecency with a child under Section 21.11(a)(1) or (2), Penal
Code; or
(B) except as provided by Subdivision (1), sexual assault under
Section 22.011(a)(2), Penal Code, or aggravated sexual assault
under Section 22.021(a)(1)(B), Penal Code; or
(6) three years from the date of the commission of the offense: all
other felonies.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973,
63rd Leg., p. 975, ch. 399, Sec. 2(B), eff. Jan. 1, 1974; Acts 1975,
64th Leg., p. 478, ch. 203, Sec. 5, eff. Sept. 1, 1975.
Amended by Acts 1983, 68th Leg., p. 413, ch. 85, Sec. 1, eff. Sept.
1, 1983; Acts 1983, 68th Leg., p. 5317, ch. 977, Sec. 7, eff. Sept.
1, 1983; Acts 1985, 69th Leg., ch. 330, Sec. 1, eff. Aug. 26, 1985;
Acts 1987, 70th Leg., ch. 716, Sec. 1, eff. Sept. 1, 1987; Acts
1991, 72nd Leg., ch. 565, Sec. 6, eff. Sept. 1, 1991; Acts 1995,
74th Leg., ch. 476, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th
Leg., ch. 740, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch.
39, Sec. 1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1285, Sec.
33, eff. Sept. 1, 2000; Acts 2001, 77th Leg., ch. 12, Sec. 1, eff.
Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1479, Sec. 1, eff. Sept. 1,
2001; Acts 2001, 77th Leg., ch. 1482, Sec. 1, eff. Sept. 1, 2001;
Acts 2003, 78th Leg., ch. 371, Sec. 6, eff. Sept. 1, 2003; Acts
2003, 78th Leg., ch. 1276, Sec. 5.001, eff. Sept. 1, 2003.
Art. 12.02. [181] [229] [219] Misdemeanors
An indictment or information for any misdemeanor may be presented
within two years from the date of the commission of the offense, and
not afterward.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973,
63rd Leg., p. 975, ch. 399, Sec. 2(B), eff. Jan. 1, 1974.
Art. 12.03. Aggravated offenses, attempt, conspiracy,
solicitation, organized criminal activity
(a) The limitation period for criminal attempt is the same as that
of the offense attempted.
(b) The limitation period for criminal conspiracy or organized
criminal activity is the same as that of the most serious offense
that is the object of the conspiracy or the organized criminal
activity.
(c) The limitation period for criminal solicitation is the same as
that of the felony solicited.
(d) Except as otherwise provided by this chapter, any offense that
bears the title "aggravated" shall carry the same limitation period
as the primary crime.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973,
63rd Leg., p. 975, ch. 399, Sec. 2(B), eff. Jan. 1, 1974.
Amended by Acts 1987, 70th Leg., ch. 1133, Sec. 1, eff. Sept. 1,
1987; Subsec. (d) amended by Acts 1997, 75th Leg., ch. 740, Sec. 2,
eff. Sept. 1, 1997.
Art. 12.04. [182] [230] [220] Computation
The day on which the offense was committed and the day on which the
indictment or information is presented shall be excluded from the
computation of time.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973,
63rd Leg., p. 976, ch. 399, Sec. 2(B), eff. Jan. 1, 1974.
Art. 12.05. [183] [231] [221] Absence from State and time of
pendency of indictment, etc., not computed
(a) The time during which the accused is absent from the state shall
not be computed in the period of limitation.
(b) The time during the pendency of an indictment, information, or
complaint shall not be computed in the period of limitation.
(c) The term "during the pendency," as used herein, means that
period of time beginning with the day the indictment, information,
or complaint is filed in a court of competent jurisdiction, and
ending with the day such accusation is, by an order of a trial court
having jurisdiction thereof, determined to be invalid for any
reason.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973,
63rd Leg., p. 976, ch. 399, Sec. 2(B), eff. Jan. 1, 1974.
Art. 12.06. [184] [232] [222] An indictment is "presented," when
An indictment is considered as "presented" when it has been duly
acted upon by the grand jury and received by the court.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973,
63rd Leg., p. 976, ch. 399, Sec. 2(B), eff. Jan. 1, 1974.
Art. 12.07. [185] [233] [223] An information is "presented," when
An information is considered as "presented," when it has been filed
by the proper officer in the proper court.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973,
63rd Leg., p. 976, ch. 399, Sec. 2(B), eff. Jan. 1, 1974.
