The Statute of Limitations on Stealing

A claim for theft is moot after the statute of limitations has expired.

A statute of limitations in a claim of stealing, or theft, puts a time limit on when the case may be brought in court. Each state determines the statute of limitations for each specific type of theft. Stealing can be either a criminal charge brought by the state or a civil charge brought by the individual victim.

Definition

A statute of limitations places a legal deadline on when a victim of theft may file a lawsuit or when an individual can be charged with a crime. The clock for a statute of limitations generally begins at the time the theft occurs. Statutes of limitations for theft vary based on the laws of the state where the case is filed.

Effects

The effect of a statute of limitations in theft case is to place a limit on when a plaintiff can sue for the loss or when the state can prosecute the crime. The theft claim is defunct when the statute of limitations has run out. This means the claim cannot be filed, and the victim cannot be compensated for the loss.

Types

Stealing, generally called theft or loss of property under the law, is a cause of action that can be prosecuted criminally or brought by an individual in civil court.

Criminal theft statutes of limitations generally depend on the severity of the crime and whether it was committed by a trusted party. For example, in Texas, a theft committed by a person with a fiduciary duty to the victim has a statute of limitations of ten years. For all other criminal thefts, the statute of limitations is only five years.

Civil claims of theft usually have much shorter statutes of limitations than criminal actions. Civil theft cases are brought by the individual who suffered the loss, instead of by a state prosecutor, as they are in criminal cases.

Time Frame

Statutes of limitations for stealing vary depending on where the case arises. In general, the statutes of limitations for criminal theft range between five and ten years.

The statutes of limitations for civil theft causes of action generally range between two and four years, depending on the jurisdiction. For example, in Arizona, a civil claim for theft of personal property must be filed within two years of the loss.

Considerations

Some states follow the discovery rule in measuring a statute of limitations for theft. The discovery rule allows the clock on the statute of limitations to begin when an individual discovers he is a victim of theft instead of beginning at the time the theft occurs.

References

• Texas Criminal Statute of Limitations Laws
• Arizona Revised Statutes: Courts and Civil Proceedings