How Long They Have To Charge You
Mo. Rev. Stat. § 556.036 — three years, one year, six months, and none for the gravest
In Missouri, a prosecution for murder, first degree rape or sodomy and their forcible forms and attempts, or any class A felony may be commenced at any time. Other prosecutions must be commenced within the periods the section sets.
| Offense | Must be commenced within |
|---|---|
| OffenseAny felony, apart from the listed arson offenses | Must be commenced withinthree years |
| OffenseThe listed arson and burning offenses | Must be commenced withinfive years |
| OffenseAny misdemeanor | Must be commenced withinone year |
| OffenseAny infraction | Must be commenced withinsix months |
- Time starts to run on the day after the offense is committed, or for a continuing course of conduct, when it ends.
- A misdemeanor or infraction prosecution is commenced when the information is filed, and a felony when the complaint or indictment is filed.
- The period does not run while the accused is absent from the state, though that cannot extend it more than three years, or while the accused is concealed from justice anywhere.
- An offense involving fraud or breach of fiduciary duty may be prosecuted within one year after discovery by the person wronged, but never more than three years beyond the ordinary period.
The other periods during which the limit does not run, including after a DNA profile is developed, are in the section and are not reproduced in full here. Whether a prosecution was timely is a question for a court and for a licensed Missouri attorney.
Sources for this section (1)
- Mo. Rev. Stat. § 556.036 — Time limitations
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Missouri attorney.