In Colorado criminal law, a statute of limitations is the time limit in which the state is permitted to file charges against you. Once the statute expires, you are generally “off the hook” and can no longer be prosecuted.
Generally speaking, the more serious the crime, the longer prosecutors have to file charges. The most serious crimes (such as murder and kidnapping) have no time limit at all.
The chart below shows the statute of limitations for various types of crimes:
| Colorado Crime | Statutes of Limitations |
| Petty offenses (not involving theft) and civil infractions | 6 months after the offense occurs |
| Petty offenses involving theft | 6 months after the offense is discovered |
| Most misdemeanors | 18 months after the offense occurred |
| Misdemeanors involving theft | 18 months after the theft is discovered |
| Traffic misdemeanors | 1 year after the offense occurs |
| Misdemeanor unlawful sexual contact when the victim is 15 or older | 5 years after the alleged offense |
| Misdemeanor unlawful sexual contact when the victim is under 15 | 8.5 years after the alleged offense |
| Most felonies, including manslaughter | 3 years after the alleged offense |
| Theft felonies, insurance fraud, and certain other felonies | 3 years after the offense is discovered |
| Vehicular homicide (fatal DUI or fatal reckless driving) with no hit and run | 5 years after the incident |
| Certain felonies, such as bribery | 6 years after the alleged offense is discovered |
| Vehicular homicide (fatal DUI or fatal reckless driving) with hit and run | 10 years after the incident |
| Felony-level unlawful sexual contact when the victim is 15 or older | 10 years after the incident or 10 years after the victim reaches age 18 |
| Sexual assault when the victim is 15 or older | 20 years after the incident or 20 years after the victim reaches age 18 |
| Murder | No limit |
| Kidnapping | No limit |
| Treason | No limit |
| Forgery (felonies) | No limit |
| Sex assault if the crime was reported within 20 years and there is DNA evidence | No limit |
| Sex crimes against a child | No limit |
In this article, our Denver Colorado criminal defense attorneys discuss:
- 1. Overview
- 2. Discovery Rule
- 3. Tolling
- 4. Crimes with No Statutes of Limitations
- 5. Felonies
- 6. Misdemeanors
- 7. Petty Offenses
- 8. What if the statute of limitations expired?
- 9. Civil Cases
- Additional Reading
1. Overview
The length of time that prosecutors have to file criminal charges – called a statute of limitations (SOL) – depends on the particular crime.
In general, the D.A. has three years to bring felony charges, 18 months to bring misdemeanor charges, one year to bring traffic misdemeanor charges, and six months to bring petty offense charges. Though certain serious crimes have longer statutes of limitations or none at all.
This time limit is an incentive for the police and D.A. to investigate criminal cases as quickly as possible. Otherwise, eyewitness memories may fade and physical evidence – such as fingerprints or DNA – may disappear. Plus, you have a constitutional right to a speedy trial.1
2. Discovery Rule
In most cases in Colorado, the time limit to prosecute begins running when the alleged crime gets committed. Though in some cases – especially those involving theft or fraud – the time limit only begins running when the crime is discovered.2
Example: Becca forges her car insurance application on January 1, 2024. The insurance company does not discover the fraud until June 1, 2024, and it reports it to the police right away. Most felonies including insurance fraud have a three-year time limit to prosecute. Becca’s criminal lawyer explains to her that since this case involves fraud, the SOL begins running on June 1, 2024 – the day it was discovered. Therefore, the D.A. has until June 1, 2027 to prosecute.
The discovery rule ensures that offenses that are concealed or not immediately known to the authorities can still be prosecuted within a reasonable timeframe after discovery.
3. Tolling
Colorado’s criminal statute of limitations (SOL) automatically pauses (“tolls”) in three situations.
- While the criminal suspect is not in Colorado (“has fled the state”), but the tolling occurs for no more than five years.
- In cases involving rape of victims aged 15, 16, or 17, the 20-year SOL tolls until the victim turns 18.
- In cases involving unlawful sexual contact of victims aged 15, 16, or 17, the 10-year SOL tolls until the victim turns 18.3
4. Crimes with No Statutes of Limitations
Colorado prosecutors may bring felony charges for the following serious offenses at any time:
- Murder – first-degree (CRS 18-3-102) and second-degree (CRS 18-3-103)
- Kidnapping (CRS 18-3-301 & CRS 18-3-302)
- Treason (CRS 18-11-101)
- Any felony forgery (18-5-102) offense, regardless of the penalty
- Sexual assault (CRS 18-3-402) – when there is DNA evidence of the suspect, and the sex offense was reported to law enforcement within 20 years of the alleged rape
- Any sexual offense against a child.
There is also no time limit to prosecute for attempt (CRS 18-2-101), conspiracy (CRS 18-2-201), or solicitation (CRS 18-2-301) of any of the above crimes.4
Prosecutors usually have three years to file felony charges, but there are exceptions.
5. Felonies
For most felony crimes in Colorado, you may not be prosecuted once a three-year period has passed since the alleged offense. This three-year statute of limitations applies to drug felonies as well.
For vehicular homicide (CRS 18-3-106), there is a five-year time limit to prosecute after the collision. If the driver also committed hit-and-run (CRS 42-4-1603) after the fatal crash, the time limit to prosecute is ten years.
The time limit to sue is six years for the following offenses:
- Bribery (CRS 18-8-302)
- Compensation for past official behavior (CRS 18-8-303)
- Attempt to influence a public servant (CRS 18-8-306)
- Designation of a supplier (CRS 18-8-307)
- Misuse of official information (CRS 18-8-402)
- Issuing a false certificate (CRS 18-8-406)
- Embezzlement of public property (CRS 18-8-407)
- Felony tax evasion (CRS 39-21-118)
- Felony violations of the Colorado Antitrust Act of 1992
Unlawful Sexual Contact
The time limit to sue is 10 years for felony-level unlawful sexual contact (CRS 18-3-404) when the victim is 15 or older. This also comprises attempt, conspiracy, or solicitation to commit this crime.
If the victim is under 18, the statute of limitations is 10 years after they reach age 18.
Sexual Assault
The statute of limitations for sexual assault (CRS 18-3-402) is 20 years when the victim is 15 or older. This also comprises attempt, conspiracy, or solicitation to commit this crime.
If the victim is under 18, the statute of limitation is 20 years after they reach age 18. Note that there is no statute of limitations if:
- the alleged rape was reported to law enforcement within 20 years of the incident, and
- there is DNA evidence of the suspect.5
6. Misdemeanors
For most Colorado misdemeanor crimes – including drug misdemeanors – you may not be prosecuted once 18 months have passed since the alleged offense. Though for theft misdemeanors, this 18-month time period does not begin running until the alleged theft is discovered.
Note that for misdemeanor traffic offenses, the statute of limitations (SOL) for criminal proceedings is only one year after the incident.
For misdemeanor-level unlawful sexual contact (CRS 18-3-404), the SOL is five years after the alleged offense. If the victim is under 15, the SOL is eight years and six months after the alleged offense. (This comprises attempt, conspiracy, or solicitation of unlawful sexual contact as well.)
The SOL for misdemeanor tax evasion is four years and six months.6
7. Petty Offenses
For most petty offenses – including drug petty offenses – you may not be prosecuted in Colorado once six months have passed since the alleged offense. Though for petty theft offenses, the six-month time limit does not begin running until the alleged theft is discovered.7
8. What if the statute of limitations expired?
If the D.A. charges you after the statute of limitations has run, you can file a motion to dismiss that asks the court to drop the case. The judge should comply as long as the statute of limitations has expired.8
9. Civil Cases
The time frames to file a civil lawsuit depend on the claim. In general, it ranges from one to three years. Potential plaintiffs should consult with an attorney.9
Learn more in our article on statutes of limitations in Colorado personal injury cases.
Once the statute of limitation passes, the criminal justice system prevents prosecutors from pressing charges.
Additional Reading
For more in-depth information, refer to the following scholarly articles:
- Statutes of Limitations: The Underlying Policies – University of Louisville Law Review.
- Easing the Tension before Statutes of Limitations and the Continuing Offense Doctrine – Northwestern University Journal of Law & Social Policy.
- Child Sexual Abuse and Criminal Statutes of Limitation: A Model for Reform – Washington Law Review.
- Efficient Time Bars: A New Rationale for the Existence of Statutes of Limitations in Criminal Law – The Journal of Legal Studies.
- Conflict of the Criminal Statute of Limitations with Lesser Offenses at Trial – William & Mary Law Review.
Legal References
- Colorado Revised Statutes 16-5-401 CRS. See, for example, People v. Summers (Colo. 2009) 208 P.3d 251. See also People v. Sims, (Court of Appeals, Division 7, 2019) COA 66, 457 P.3d 719 (“[W]e interpret the legislature’s decision to modify “determine” with the phrase “in whole or in part” as evidence of its intent to vitiate the statute of limitations in every case (involving the enumerated statutes) where DNA evidence assists the police in “fixing conclusively” on a suspect.”). See also Hunsaker v. People (Colo. 2021) 500 P.3d 1110.
- People v. McKinney, (Colo. 2004) 99 P.3d 1038.
- CRS 16-5-401.
- Same. Sex offenses against children that do not have a statute of limitations include:
- Enticement of a child (CRS 18-3-305)
- Sexual assault (CRS 18-3-402) – when victim is under 15
- Unlawful sexual contact (CRS 18-3-404) – sexual abuse when victim is under 15
- Sexual assault on a child (CRS 18-3-405)
- Sexual assault on a child by one in a position of trust (CRS 18-3-405.3)
- Aggravated incest (CRS 18-6-302)
- Human sex trafficking (CRS 18-3-504) – of minors for sexual servitude
- Sexual exploitation of children (CRS 18-6-403)
- Procurement of a child for sexual exploitation (CRS 18-6-404)
- Indecent exposure (CRS 18-7-302)
- Soliciting for child prostitution (CRS 18-7-402)
- Pandering of a child (CRS 18-7-403)
- Procurement of a child (CRS 18-7-403.5)
- Keeping a place of child prostitution (CRS 18-7-404)
- Pimping of a child (CRS 18-7-405)
- Inducement of child prostitution (CRS 18-7-405.5)
- Patronizing a prostituted child (CRS 18-7-406)
- Internet luring of a child (CRS 18-3-306 (3)) – class 4 felony
- Internet sexual exploitation of a child (CRS 18-3-405.4)
- Unlawful electric sexual communication (CRS 18-3-418)
- Same. For the following felonies, the three-year limit does not begin running until the offense is discovered:
- Theft (CRS 18-4-401)
- Insurance fraud (CRS 18-5-211)
- Cybercrime / computer crime (CRS 15-5.5)
- Theft of trade secrets (CRS 18-4-408)
- Defacing or destruction of written instruments (CRS 18-4-507)
- Criminal simulation (CRS 18-5-110)
- Obtaining a signature by deception (CRS 18-5-112)
- Criminal impersonation (CRS 18-5-113)
- Offering a false instrument for recording (CRS 18-5-114)
- Dual contracts to induce loan (CRS 18-5-208) (learn more about real estate fraud)
- Issuing a false financial statement or obtaining a financial transaction device by false statements (CRS 18-5-209)
- Unlawful activity concerning the selling of land (CRS 18-5-302)
- Unlawful concealment of transactions (CRS 11-107-105)
- Embezzlement or misapplication of funds (CRS 11-107-107)
- Unlawful acts or omissions relating to financial institutions (CRS 11-107-108)
- Criminal offenses relating to savings and loan associations (CRS 11-41-127)
- Offenses relating to the Uniform Commercial Code (CRS, part 5 of article 5 of title 18)
- Offenses relating to equity skimming (CRS, part 8 of article 5 of title 18) (learn more about equity skimming – CRS 18-5-802)
- Offenses relating to identity theft (CRS, part 9 of article 5 of title 18) (learn more about ID theft – CRS 18-5-902)
- Offenses relating to bribery and corrupt influences (CRS, part 3 of article 8 of title 18) (learn more about bribery – CRS 18-8-302)
- Offenses relating to abuse of public office (CRS, part 4 of article 8 of title 18) (learn about official misconduct – CRS 18-8-404)
- Offenses relating to perjury (CRS, part 5 of article 8 of title 18) (learn more about perjury)
- Offenses relating to the Colorado Organized Crime Control Act (CRS, article 17 of title 18)
- Criminal offenses relating to securities fraud (CRS, part 5 of article 51 of title 11)
- Same. CRS 39-21-118 (the SOL for tax evasion is three years longer than the standard SOLs for felonies and misdemeanors).
- CRS 16-5-401.
- Same.
- CRS 13–80–103. CRS 44-3-801; CRS 13–80–102; CRS 13–80–102.5; CRS 13–80–104; CRS 13–80–106; CRS 13-21-124; CRS 8-43-103; CRS 13–80–101; CRS 13–80–103.5; CRS 13-80-103.6; CRS 13-80-103.7.