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Home › Blog › What Is the Statute of Limitations for Sex Crimes in Arizona?
Arizona does not use one statute of limitations for every sexual offense. Under ARS 13-107, certain class 2 felonies in Arizona’s sexual-offense and sexual-exploitation chapters may be prosecuted at any time. Other felony offenses generally have a seven-year limitation period, while misdemeanors generally have a one-year period.
The correct deadline depends on the precise offense, its classification, when the government discovered or reasonably should have discovered it, whether the suspect’s identity was known and whether a tolling rule applies. A person should not assume that a case is too old to prosecute based only on the date of the alleged conduct.
ARS 13-107 allows prosecution at any time for an offense listed in Title 13, Chapter 14 or Chapter 35.1 when that offense is classified as a class 2 felony. The statute also lists violent sexual assault under ARS 13-1423, child sex trafficking under ARS 13-3212 and attempts to commit offenses covered by the no-limitations subsection.
This rule is based on the statute and classification, not simply on whether the alleged victim was a minor. Some offenses involving minors are class 2 felonies and fall within the unlimited period, while other classifications require a different analysis.
Examples should be checked individually. Sexual conduct with a minor under ARS 13-1405, for instance, may be classified differently depending on the alleged victim’s age, the age difference and whether the accused occupied a position of trust.
Unless another rule applies, ARS 13-107 generally requires prosecution of a class 2 through class 6 felony within seven years after actual discovery by the state or political subdivision with jurisdiction, or the date discovery should have occurred through reasonable diligence, whichever happens first.
That discovery language means the calculation does not always begin on the date of the alleged offense. The facts known to investigators, the timing of a report and the point at which the government could reasonably have discovered the offense may all matter.
The statute also says that a class 6 felony uses the felony limitation period even if a court later enters a misdemeanor judgment or a prosecutor later designates the offense as a misdemeanor.
Arizona generally uses a one-year limitation period for misdemeanors and a six-month period for petty offenses. Whether an offense is a misdemeanor depends on the statute charged, not the label used by a witness, investigator or news report.
Because a single set of allegations can lead to different potential charges, the possible limitation periods should be evaluated charge by charge.
For the limitation periods in ARS 13-107(B), a prosecution begins when an indictment, information or complaint is filed. An investigation, interview or police report does not by itself necessarily commence the prosecution.
If a timely complaint, indictment or information is dismissed, the statute may allow a new prosecution within six months after the dismissal becomes final even when the original limitation period has expired or will expire during that six-month period.
The limitation period does not run while the accused is absent from Arizona or has no reasonably ascertainable place of abode in the state. For a serious offense as defined by ARS 13-706, the period also does not run while the identity of the person who committed the offense is unknown.
That unknown-identity rule does not mean that every felony has an unlimited deadline until police identify a suspect. The alleged offense must fall within the statutory definition incorporated by ARS 13-107.
A criminal statute of limitations governs the government’s time to file a criminal prosecution. A civil statute of limitations governs a private lawsuit seeking compensation or another civil remedy. The two systems use different statutes, parties and standards.
Arizona has a separate civil statute, ARS 12-514, for claims arising from sexual conduct or sexual contact committed against a minor. Questions about a possible civil claim should be evaluated separately from the criminal limitation analysis.
Counsel first identifies each potential charge and the law applicable to the alleged dates. The file then needs a chronology: when the conduct allegedly occurred, when the government discovered or reasonably should have discovered it, when the accused could be identified where the serious-offense rule applies, and when a complaint, information or indictment was filed.
Reports, prior dismissal orders and periods of absence can change the analysis. A historical allegation also requires checking amendments and their applicability rather than applying today’s wording automatically.
No. Filing deadlines and punishment answer different questions. The charged statute, classification and sentencing provisions determine potential penalties; ARS 13-107 determines prosecution timing. For age-based classifications and penalties, see the separate article on sexual conduct with a minor.
An old allegation can still create immediate legal risk. Anyone contacted by police, served with a warrant or told that a historical allegation is under investigation should avoid guessing about the deadline or giving an unprepared statement.
Defense counsel can identify the potential charges, confirm their classifications, analyze discovery and tolling, and determine whether a limitations defense may be available. Contact AZ Defenders to discuss an investigation or charge.
This article provides general legal information, not advice about a specific case. Reading it does not create an attorney-client relationship.