Statute of Limitations on Theft

Thievery is a very naughty thing to do.

The criminal justice process is subject to a large number of laws, rules and regulations. Statutes of limitations are a part of every state's criminal laws and procedures. While there is no one statute of limitations that applies to all crimes, or to all thefts, there are commonalities present in all such laws.

Basics

Each state, as well as the federal government, establishes time limits on when a crime can be prosecuted. These time limits, known as the statute of limitations, require the government to take action in a timely manner or lose the ability to charge a person with a crime. Though these law vary widely depending on a number of factors, they are applicable in every criminal case, including theft.

Jurisdictions

Statutes of limitations vary depending on who charges the crime. For example, federal theft crimes are subject to a five year statute of limitations, regardless of the severity. State laws, however, can vary widely. For example, the Ohio statutes of limitations sets the time limit for theft prosecutions at anywhere from six months to two years.

Severity

Statutes of limitations can also vary based on the severity of the crime charged. For example, Ohio Revised Code § 2901.13 establishes the state of Ohio's criminal statute of limitations. For most felony offenses, the limit is six years, while for misdemeanors it is either six months--for minor misdemeanors--or two years for all others. Because theft can be charged as either a felony or a misdemeanor depending on the nature of the crime, it can be subject to either the more stringent or the less stringent statute of limitations.

Complications

Theft laws are fairly straight forward when applying statutes of limitations, as the time limit is dependent upon both the jurisdiction and the severity of the crime. however, if the theft occurred during the course of, or in conjunction with other crime, it becomes more complicated. More serious crimes bring lengthier statutes of limitations, and even if the theft statute has expired a person can still be charged with the more significant crime.

Time Frame

Statutes of limitations generally begin as soon as all the elements of the crime are met. The elements of theft are: property belonging to another person is taken, and the person taking it intends to deprive the owner of its use or ownership. As soon as both of these elements are met, the time in which the government has to charge the defendant begins running. If the time runs out before charges are filed or before an indictment is returned, the state cannot prosecute a defendant for the crime.

References

• Cornell University Law School: U.S. Code § 3282. Offenses not capital
• LAWriter: Ohio Revised Code § 2901.13 Statute of limitations for criminal offenses.