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.
| Offense | Limit |
|---|---|
| OffenseFirst degree intentional homicide and the other homicides and sexual assaults the section lists | LimitAny time |
| OffenseSecond degree reckless homicide | Limit15 years |
| OffenseSecond degree sexual assault | Limit20 years |
| OffenseThird degree sexual assault, and human trafficking | Limit10 years |
| OffenseAny other felony | Limit6 years |
| OffenseA misdemeanor | Limit3 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)
- 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.