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How Long They Have To Charge You

Idaho Code § 19-402 and Idaho Code § 19-403 — five years for most felonies, one year for most misdemeanors, and none for murder

The crimeCharged within
The crimeMost feloniesCharged withinFive years
The crimeMost misdemeanorsCharged withinOne year
The crimeFailing to report child abuseCharged withinFour years
The crimeA misdemeanor dismissed for delay, refiledCharged withinTwo years after the dismissal
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No limit at all. Murder, voluntary manslaughter, most rape, sexual abuse and lewd conduct with a child, producing child sexual exploitation material, and terrorism may be charged at any time.

  • Idaho Code § 19-401

A prosecution begins when the complaint is filed or the indictment is found. A particular case is a question for a licensed Idaho attorney.

Sources for this section (3)
  1. Idaho Code § 19-401 — No statute of limitations for certain felonies
  2. Idaho Code § 19-402 — Commencement of prosecutions for felonies
  3. Idaho Code § 19-403 — Misdemeanors

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Idaho attorney.

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