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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.

  • HRS 701-108
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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.

OffenseProsecution starts within
OffenseManslaughter not caused by driving a motor vehicleProsecution starts withinTen years
OffenseA class A felonyProsecution starts withinSix years
OffenseA felony under part IX of chapter 708Prosecution starts withinFive years
OffenseAny other felonyProsecution starts withinThree years
OffenseA misdemeanorProsecution starts withinTwo years
OffenseA petty misdemeanor or a violation, parking includedProsecution starts withinOne year
  • HRS 701-108
  • 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.
  • HRS 701-108
Sources for this section (1)
  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.

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