How Long They Have to Charge You
ORC 2901.13 — six years, two years, six months, and the offenses with no clock at all
The civil chapter has a page on this site about how long somebody has to sue. The criminal chapter has its own clock, with its own periods, its own exceptions and a different starting point, and the two are confused with each other constantly. This page is the criminal one.
Who handles this in Ohio: Ohio State Bar Association lawyer referral; and legal aid programs and the state offices, listed in the Ohio directory.
Six years, two years, six months. A prosecution is barred unless it is commenced within six years for a felony, two years for a misdemeanor other than a minor misdemeanor, and six months for a minor misdemeanor, each counted after the offense is committed.
No period at all for aggravated murder and murder. There is no period of limitation for the prosecution of aggravated murder or murder. Those two offenses can be charged at any time, however old.
Twenty five years for rape and sexual battery, twenty for a list of others. A prosecution for rape or sexual battery is commenced within twenty five years after the offense, with a further period where a DNA record is later matched to an identifiable person. A separate list carries twenty years, and it includes voluntary and involuntary manslaughter, kidnapping, aggravated robbery and robbery, aggravated burglary and burglary, aggravated arson, and felonious assault on a peace officer.
A prosecution is commenced on the date an indictment is returned or an information filed, or on the date a lawful arrest without a warrant is made, or on the date a warrant, summons, citation or other process is issued, whichever occurs first, provided reasonable diligence is used to execute it. The trial date has nothing to do with it.
The period does not run while the accused purposely avoids prosecution, and being out of the state or in hiding is evidence of that. It does not run while the corpus delicti remains undiscovered. For an offense involving a wound, injury, disability or condition reasonably indicating abuse or neglect of a child under eighteen, it does not begin until the victim reaches the age of majority or a children services agency or peace officer has been told that abuse or neglect is known, suspected or believed to have occurred.
| The offense | The period |
|---|---|
| The offenseA felony, ordinarily | The periodSix years |
| The offenseA misdemeanor other than a minor misdemeanor | The periodTwo years |
| The offenseA minor misdemeanor | The periodSix months |
| The offenseRape and sexual battery | The periodTwenty five years, extended by a later DNA match |
| The offenseThe listed serious felonies | The periodTwenty years |
| The offenseAggravated murder and murder | The periodNone |
The full list of offenses carrying twenty years, the length of the DNA extension, the extension for fraud and breach of fiduciary duty discovered late, the periods for offenses against children, and what counts as purposely avoiding prosecution in a particular case are not on this page. Whether time has run on a particular charge is a question for a licensed Ohio attorney, and it is raised in the case rather than at the counter.
Sources for this section (1)
- ORC 2901.13 — Statute of limitations for criminal offenses
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Ohio attorney.