How Long They Have to Charge
IC 35-41-4-2 — two years for a misdemeanor, five for most felonies, and no limit for Level 1 and 2
| Offense | Prosecution must begin within |
|---|---|
| OffenseA misdemeanor | Prosecution must begin withinTwo years after the offense |
| OffenseA Level 3, 4, 5 or 6 felony | Prosecution must begin withinFive years after the offense |
| OffenseA Level 1 or Level 2 felony, or murder | Prosecution must begin withinAny time |
Who handles this in Indiana: legal aid programs and the state offices, listed in the Indiana directory.
- A Level 3, 4 or 5 felony otherwise out of time may be charged within one year of when the state first discovers, or with due diligence could have discovered, enough DNA evidence to charge.
- A charge dismissed for an error or defect may be refiled within 90 days even where the period has run.
- A guilty plea makes a prosecution timely whatever the period.
The clock stops while the accused is not usually and publicly resident in Indiana or hides so that process cannot be served, and while the accused conceals evidence the prosecution could not have found with due diligence. A prosecution counts as begun on the earliest of the filing of a charge, the issuing of a valid arrest warrant, or an arrest without one.
Child molesting, child solicitation, child seduction, sexual misconduct with a minor, incest and vicarious sexual gratification may be prosecuted until the alleged victim turns 31, and some sex offenses later still where DNA, a recording or a confession first comes to light.
Sources for this section (1)
- IC 35-41-4-2 — Periods of limitation
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Indiana attorney.