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Kansas Criminal Statute of Limitations Laws

Each state has a “statute of limitations” or law that limits when a person can have criminal charges brought against them for something illegal that he or she is accused of doing. On the other hand, some crimes have no time limit for prosecution, usually because of their extremely violent nature, such as murder or sex crimes against children.

Kansas’s criminal statute of limitations is outlined in the chart below.

Code Section Kansas Statutes Section 21-5107: Time Limitations for Commencement of Prosecution
Felonies The time limit for felonies varies by the type of crime, as follows:
  • Murder, terrorism, use of weapons of mass destruction, rape, and aggravated criminal sodomy – None
  • If the victim is the Kansas public employees retirement system (KPERS) – 10 years
  • Any of the following sexually violent crimes: rape (before 2014 changes), any indecent liberties with a child, any criminal sodomy, indecent solicitation of a child, sexual exploitation of a child, aggravated sexual battery, aggravated incest, aggravated human trafficking if for sexual purposes, commercial exploitation of a child, depend on the age of the victim:
    • For victims 18 years or older, 10 years or within 1 year of DNA evidence establishing offender's identity, whichever is later
    • For victims under 18, within 10 years of turning 18 or within 1 year of DNA evidence establishing offender's identity, whichever is later
  • All other felonies – 5 years
Misdemeanors Misdemeanors must be prosecuted within 5 years.
When Prosecution Commences Prosecution starts for the purposes of the statute of limitations when a complaint or information has been filed or an indictment by grand jury returned and a warrant has been issued. However, if the warrant isn’t executed, the prosecution isn’t deemed to have started.
Acts During Which Statute Does Not Run The clock doesn’t run during any of the following:
  • The accused is absent from the state or concealed within state so that process can’t be served
  • The crime itself is concealed, such as, when the victim was under 15, unable to determine acts constituted a crime due to age or intelligence, or prevented by parent or guardian from telling the cops of the crime, and an expert witness testifies to the repressing of memories and there’s corroborating evidence
  • Prosecution is pending against the defendant for the same conduct
  • A court order restrains an administrative agency from investigating or proceeding on criminal conduct

Note: State laws change constantly, so it’s important to verify these state criminal laws by conducting your own legal research or contacting an experienced Kansas criminal defense lawyer.

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