How Long They Have To Charge You
42 Pa.C.S. 5552 — two years as the rule, five for major offenses, 12 for major sexual offenses
In Pennsylvania, except as the subchapter otherwise provides, a prosecution for an offense must be commenced within two years after it is committed.
| Offense | Must be commenced within |
|---|---|
| OffenseThe general rule | Must be commenced withintwo years after it is committed |
| OffenseMajor offenses, including aggravated assault, terroristic threats, kidnapping, arson, burglary, robbery, theft, forgery, perjury and witness intimidation | Must be commenced withinfive years after it is committed |
| OffenseMajor sexual offenses, including rape, statutory sexual assault, sexual assault and incest | Must be commenced within12 years after it is committed, unless no limit applies |
After those periods expire, a prosecution for an offense with fraud or breach of fiduciary obligation as a material element may still be commenced within one year after the offense is discovered by the person wronged or their legal representative, but this can never extend the period by more than three years.
The offenses with no limitation at all, the other exceptions, and when the period stops running are in the section and in other sections of the subchapter and are not reproduced in full here. Whether a prosecution was timely is a question for a court and for a licensed Pennsylvania attorney.
Sources for this section (1)
- 42 Pa.C.S. 5552 — Other offenses
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Pennsylvania attorney.