How Long They Have to Charge
HRS 701-108 — two years for a misdemeanor, three for most felonies, and no limit for murder
A prosecution for murder, attempted murder, conspiracy or solicitation to commit murder, sexual assault in the first or second degree, sex trafficking, or continuous sexual assault of a minor under fourteen may be started at any time.
Who handles this in Hawaii: Office of the Public Defender and Hawaii State Bar Association, Lawyer Referral and Information Service; and legal aid programs and the state offices, listed in the Hawaii directory.
| Offense | Prosecution starts within |
|---|---|
| OffenseManslaughter not caused by driving a motor vehicle | Prosecution starts withinTen years |
| OffenseA class A felony | Prosecution starts withinSix years |
| OffenseA felony under part IX of chapter 708 | Prosecution starts withinFive years |
| OffenseAny other felony | Prosecution starts withinThree years |
| OffenseA misdemeanor | Prosecution starts withinTwo years |
| OffenseA petty misdemeanor or a violation, parking included | Prosecution starts withinOne year |
- An offense with fraud, deception or breach of fiduciary duty as an element may still be charged within three years after discovery, but no more than six years past the ordinary period.
- Misconduct in office may be charged while the person holds office or within two years after, but no more than three years past the ordinary period.
- A felony with the offender's DNA in evidence, tested before the period runs out, may be charged later, by no more than ten years.
Sources for this section (1)
- HRS 701-108 — Time limitations
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Hawaii attorney.