In Colorado criminal law, the term statute of limitations refers to the time limit in which the state is permitted to file charges against a suspect. Once the statute expires, the suspect is 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 offense
Criminal statutes of limitations
Once the statute of limitation passes, the criminal justice system prevents prosecutors from pressing charges.
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, 1 year to bring traffic misdemeanor charges, and 6 months to bring petty offense charges. But 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, defendants have a constitutional right to a speedy trial. 1
In most cases in Colorado, the time limit to prosecute begins running when the alleged crime gets committed. But 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, 2020. The insurance company does not discover the fraud until June 1, 2020, 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, 2020 – the day it was discovered. Not on January 1, 2020, the day the fraud allegedly occurred. Therefore, the D.A. has until June 1, 2023 to prosecute.
Colorado’s criminal statute of limitations (SOL) automatically pauses (“tolls”) in three situations.
Prosecutors may bring felony charges for the following Colorado offenses at any time:
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.
Prosecutors usually have three years to file felony charges, but there are exceptions.
For most felony crimes, suspects may not be prosecuted once a three-year period has passed since the alleged offense. This includes drug felonies as well. But for the following crimes, the three-year limit does not begin running until the offense is discovered:
For vehicular homicide (CRS 18-3-106), there is a five-year time limit to prosecute after the collision. And 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:
The time limit to sue is ten 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. And if the victim is under 18, the statute of limitations is ten years after he/she reaches age 18.
The statute of limitations for sexual assault is twenty years when the victim is 15 or older. This also comprises attempt, conspiracy, or solicitation to commit this crime. And if the victim is under 18, the statute of limitation is twenty years after he/she reaches age 18. Note that there is no SOL if the alleged rape was reported to law enforcement within 20 years of the incident and there is DNA evidence of the suspect.
(Refer to the previous section for felonies that have no statute of limitations at all under state law.)
For most misdemeanor crimes – including drug misdemeanors – suspects may not be prosecuted once eighteen months have passed since the alleged offense. But 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.)
And for misdemeanor violations of the Colorado Antitrust Act of 1992, the time limit to prosecute is six years after the alleged crime. And the SOL for misdemeanor tax evasion (CRS 39-21-118) is four years and six months.
For most petty offenses – including drug petty offenses – suspects may not be prosecuted once six months have passed since the alleged offense. But for petty theft offenses, the six-month time limit does not begin running until the alleged theft is discovered.
For petty offense violations of the Colorado Antitrust Act of 1992, the time limit to prosecute is six years after the alleged crime.
If the D.A. charges you after the statute of limitations has run, you can file a motion to dismiss, asking the court to drop the case. The judge should comply as long as the statute of limitations has expired.
You should ask an experienced criminal defense attorney to compose the motion to dismiss, explaining to the judge how your case is too “stale” to be prosecuted.
The time frames to file a civil lawsuit depend on the claim. But in general, it ranges from one to three years. Potential plaintiffs should consult with an attorney.
