In Michigan, there is no statute of limitations for certain serious offenses, ensuring that justice can be pursued indefinitely. First and foremost, homicide crimes have no time limit for prosecution. This includes murder in the first or second degree, as well as manslaughter charges.
Furthermore, sexual assault cases on minors committed after January 1, 2001 are also exempt from any time constraints. This allows victims ample time to come forward and seek legal redress against their perpetrators.
Additionally, embezzlement and criminal conduct involving public officials or employees are granted unlimited periods for prosecution in order to maintain accountability within governmental bodies.
It is worth noting that crimes with no statutes of limitations carry significant weight due to the lifelong implications they hold for victims and society at large. The absence of these limitations underscores Michigan’s commitment to effectively combatting the most heinous offenses and safeguarding its citizens’ rights to justice and safety.
| State | Michigan |
|---|---|
| Topic | Michigan Criminal Statute of Limitations Laws |
| Definition | The criminal statute of limitations is a time limit the state has for prosecuting a crime. Under Michigan law, the statute of limitations depends on the severity of the crime you face, ranging from six years to no time limit. |
| Code Sections | Michigan Penal Code Sec. 767.24 |
| Felonies | Murder: No time limit. Conspiracy to commit murder: No time limit. Solicitation to commit murder: No time limit. Criminal sexual conduct first degree: No time limit. A violation of chapter XXXIII of the Michigan Penal Code, 1931 PA 328, MCL 750.200 to 750.212a, related to explosives, bombs, and harmful devices that is punishable by imprisonment for life: No time limit. A violation of chapter LXVIIA of the Michigan penal code, 1931 PA 328, MCL 750.462a to 750.462h, related to human trafficking that is punishable by imprisonment for life: No time limit. A violation of the Michigan anti-terrorism act that is punishable by imprisonment for life: No time limit. Human trafficking laws also known as “Theresa Flores’s Law”: 25 years time limit. Female genital mutilation, or transport of person with purpose of female genital mutilation, or facilitation of it: time limit of 10 years or when alleged victim turns 21, whichever is later. Child sexually abusive activity or material, or possession of it: time limit of 10 years or when alleged victim turns 21, whichever is later. Criminal sexual conduct second degree: time limit of 10 years or when alleged victim turns 21, whichever is later. Criminal sexual conduct third degree: time limit of 10 years or when alleged victim turns 21, whichever is later. Criminal sexual conduct fourth degree: time limit of 10 years or when alleged victim turns 21, whichever is later. Assault with intent to commit criminal sexual conduct: time limit of 10 years or when alleged victim turns 21, whichever is later. Kidnapping: time limit of 10 years, but if offense is reported to police within 1 year after the offense and individual is unknown, an indictment can be filed 10 years after individual is identified. Extortion: time limit of 10 years, but if offense is reported to police within 1 year after the offense and individual is unknown, an indictment can be filed 10 years after individual is identified. Assault with intent to commit murder: time limit of 10 years, but if offense is reported to police within 1 year after the offense and individual is unknown, an indictment can be filed 10 years after individual is identified. Attempted murder: time limit of 10 years, but if offense is reported to police within 1 year after the offense and individual is unknown, an indictment can be filed 10 years after individual is identified. Manslaughter: time limit of 10 years, but if offense is reported to police within 1 year after the offense and individual is unknown, an indictment can be filed 10 years after individual is identified. First-degree home invasion: time limit of 10 years, but if offense is reported to police within 1 year after the offense and individual is unknown, an indictment can be filed 10 years after individual is identified. False pretenses involving real property, forgery or uttering and publishing of an instrument affecting an interest in real property, or mortgage fraud: time limit of 10 years or within 10 years after instrument affecting real property was recorded, whichever occurs later. Identity theft or attempted identity theft: 6 years time limit. Any other felony: 6 years |
| Misdemeanors | 6 years. |
| Crimes in Which a Child Is a Victim | A violation of chapter LXVIIA of the Michigan penal code, 1931 PA 328, MCL 750.462a to 750.462h, related to human trafficking that is punishable by imprisonment for life: No time limit. Female genital mutilation, or transport of person with purpose of female genital mutilation, or facilitation of it: time limit of 10 years or when alleged victim turns 21, whichever is later. Child sexually abusive activity or material, or possession of it: time limit of 10 years or when alleged victim turns 21, whichever is later. |
| Acts During Which Statute Does Not Run | Statute does not run during any period where the defendant did not usually and publicly reside within Michigan. |
| Other | For the following crimes, if DNA evidence is obtained related to the crime from an unknown individual, there will be no time limit to file indictment, but once individual is identified, indictment must be filed within 10 years after identification or when alleged victim turns 21, whichever is later. Female genital mutilation Child sexually abusive activity or material, or possession of it Criminal sexual conduct second, third and fourth-degree Assault with intent to commit criminal sexual conduct |
Note: State laws are constantly changing — contact a Michigan criminal defense attorney or conduct your own legal research to verify the state law(s) you are researching.
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