Often people, especially inmates in the County Jail will ask me the statute of limitations for different crimes. Here we will learn what Ohio, as it pertains solely to crimes charged under the Ohio Revised Code. All fifty States have differing statutes and the Federal Government naturally has its own code.
Ohio Criminal Practice and Procedure is case law dealing with crimes charged under the Ohio Revised Code of Ordinances. Criminal Practice and Procedure is what lawyers refer to when looking to prosecute or defend in a Criminal Case. Each practice/procedure is based on case law from previous cases.
Everyone has heard on television or in the movies that “There is no statute of limitations (SOL) for Murder.” Actually there is no SOL for Aggravated Murder or Murder. For the remainder of the major crimes, conspiracy to commit, attempting to commit and complicity the SOL is twenty (20) years.
The crimes with a 20 year SOL are Voluntary Manslaughter, Involuntary Manslaughter, Kidnapping, Rape, Sexual Battery, Corruption of a Minor, Gross Sexual Imposition, Compelling Prostitution, Aggravated Arson, Aggravated Robbery, Robbery, Aggravated Burglary, Burglary, Aggravated Riot, Felonious Assault on a peace officer, Aggravated Assault on a peace officer, Assault on a peace officer, firefighter, paramedic while in the performance of their duties and the former crime of Felonious Sexual Penetration which was repealed in 1996. Should the crime have occurred prior to a law being repealed, it is still chargeable.
Continuing on, all felonies unspecified above have a six (6) SOL. Misdemeanors have a two (2) year SOL and Minor Misdemeanors have six (months) to be prosecuted. The commencement of prosecution begins on when the following first occur.
An indictment is returned or information filed, A lawful arrest without a warrant is made, A warrant, summons, citation or other process is issued.
Should you wish to read further on Statute of Limitation, refer to paragraph 16.501 of Ohio Criminal Practice and Procedures.
