Statute of Limitations for Sex Crimes in California

California’s statute of limitations for sex crimes is codified in Penal Code Sections 799 through 805. These laws outline time limits for prosecution based on the severity of the offense, the age of the victim, and whether DNA or other corroborative evidence is available.

Historically, many sex crimes had a time limit of 3 to 10 years for prosecution. However, public outrage over cases involving long-delayed accusations—particularly those related to child sexual abuse—led to legislative reforms, including Senate Bill 813, signed into law in 2016.

Certain serious sex crimes now have no statute of limitations in California. These include:

• Rape (PC § 261) involving force or violence
• Child sexual abuse (PC § 288)
• Aggravated sexual assault of a child (PC § 269)
• Sexual acts during kidnapping (PC § 209(b))
• Lewd acts on a child under 14 with force (PC § 288(b)(1))

Under PC § 799(a), prosecution may commence at any time for these offenses, regardless of when the alleged act occurred. This applies only to crimes committed after January 1, 2017. For offenses prior to this date, previous time limitations still apply due to constitutional protections against ex post facto laws.

For other sex crimes, the limitations may vary based on:

• When the victim discovers or reasonably should have discovered the abuse
• When the crime was reported to law enforcement

Child Victims (Under 18): Under Penal Code § 801.1, if the victim was under 18 at the time of the offense, prosecution must generally commence before the victim turns 40.

Adult Victims: Most felony sex offenses are subject to a 6 to 10-year limitation period. Under Penal Code § 803(f), if a victim reports a sex crime involving substantial sexual conduct within one year of the report, prosecution may be initiated even if the SOL has expired—provided the crime occurred on or after January 1, 1997.

California law also provides an exception for cases involving DNA evidence. Under Penal Code § 803(g), if the identity of the perpetrator is established through DNA evidence, prosecution can be initiated within 1 year of the DNA match, even if the regular time limit has passed.

Example 1: A woman reports at age 35 that her uncle molested her when she was 10. Since she disclosed it before turning 40, prosecutors could still file charges under PC § 801.1.

Example 2: A 1999 rape case is solved in 2023 through a DNA match. Under PC § 803(g), the DA has 1 year from the match to file charges.

Example 3: A woman reports in 2025 that she was sexually assaulted in 2013. Unless DNA or delayed discovery applies, the prosecution would likely be barred by the 10-year SOL.

California’s extension or elimination of statutes of limitations—particularly under SB 813—has faced constitutional scrutiny. The U.S. and California Constitutions prohibit ex post facto laws. The U.S. Supreme Court case Stogner v. California (2003) clarified that reviving expired limitations is unconstitutional.

1. Expired Time Limit: If the statutory period has passed, charges must be dismissed.
2. No DNA Match Within Timeframe: If prosecutors fail to act within 1 year of a DNA match.
3. Lack of Reasonable Discovery: Defense may challenge the justification for delayed reporting.
4. Ex Post Facto Violation: Prosecuting based on retroactive law changes is unconstitutional.

California law has evolved to reflect a victim-centered approach, but defendants maintain crucial legal protections. Understanding the applicable statute of limitations is vital for both alleged victims and the accused. If facing accusations, consulting a skilled defense attorney is essential to preserve your legal rights.