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How Long They Have To Charge You

Wis. Stat. 939.74 — 6 years for a felony, 3 years for a misdemeanor

In Wisconsin, except as the section provides otherwise, a prosecution for a felony must be commenced within 6 years, and a prosecution for a misdemeanor within 3 years, after the offense. A prosecution is commenced when a warrant or summons is issued, an indictment is found, or an information is filed.

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OffenseLimit
OffenseFirst degree intentional homicide and the other homicides and sexual assaults the section listsLimitAny time
OffenseSecond degree reckless homicideLimit15 years
OffenseSecond degree sexual assaultLimit20 years
OffenseThird degree sexual assault, and human traffickingLimit10 years
OffenseAny other felonyLimit6 years
OffenseA misdemeanorLimit3 years

Theft by someone who first held the property lawfully and later misappropriated it may be prosecuted within one year after the loss is discovered, but never more than 5 years beyond the ordinary limit. Many sexual offenses against children must be charged before the victim reaches the age of 45 years, and others before the age of 26 years.

The extensions that follow a DNA identification, and when the period stops running, 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 Wisconsin attorney.

Sources for this section (1)
  1. Wis. Stat. 939.74 — Time limitations on prosecutions

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

On the clock

2 periods on this page run out. Each is stated above with its authority; this is the same thing with the date attached.

  • 3 yearsThe state's time to commence a prosecution for a misdemeanor · from the offense being committed
  • 6 yearsThe state's time to commence a prosecution for a felony · from the offense being committed

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