How Long Do Police Have to File Charges in PA?

In Pennsylvania, how long police and prosecutors have to file charges depends entirely on the offense. The default is two years from the date of the crime, serious felonies get five years, major sexual offenses get twelve, some crimes against children can be charged until the victim turns 55, and murder has no deadline at all. These limits are set out in Title 42, Chapter 55 of the Pennsylvania code.

The Two-Year Default

Unless a specific exception applies, prosecutors have two years from the date of the offense to file charges.¹ This catch-all covers most misdemeanors and any felony not assigned a longer deadline. Simple assault, DUI, criminal mischief, and a wide range of mid-level crimes all sit here. Once two years pass without a complaint, prosecution is generally barred.

One Year for Vehicle Code Summary Offenses

Summary offenses under the Vehicle Code carry a shorter window. Prosecutors have one year from the date of the offense, its discovery, or the identification of the person who committed it. Summary offenses outside the Vehicle Code fall back under the general two-year rule.

Five Years for Serious Felonies

A long list of serious felonies carries a five-year deadline. The statute names them specifically and includes aggravated assault, robbery, burglary, arson, kidnapping, forgery, terroristic threats, insurance fraud, perjury, and witness intimidation.¹ Drug offenses under Pennsylvania’s Controlled Substance Act also get five years.

Theft offenses across the board fall into this category, from unlawful taking through unlawful use of a computer, so most felony-level theft carries the longer deadline. The same is true for corrupt organizations (Pennsylvania’s version of racketeering) and dealing in the proceeds of illegal activity.

Twelve Years for Major Sexual Offenses

Serious sexual offenses against adult victims carry a twelve-year statute of limitations. That covers rape, statutory sexual assault, involuntary deviate sexual intercourse, sexual assault, institutional sexual assault, aggravated indecent assault, incest, and sexual abuse of children.¹

Child Victims: No Limit or Until Age 55

When the victim was under 18 at the time of the offense, the rules change. For the major sexual offenses listed above, plus trafficking and sexual servitude, there is no statute of limitations. Charges can be brought at any point during the perpetrator’s lifetime.²

A separate provision covers less severe sexual offenses against minors, including indecent assault, indecent exposure, corruption of minors, and endangering the welfare of children. For those crimes, prosecution can be brought any time before the victim turns 55.³

Crimes With No Filing Deadline

The most severe offenses have no deadline. Murder and voluntary manslaughter can be prosecuted at any time.² Conspiracy or solicitation to commit murder falls into the same category when a murder actually results.

Several other offenses carry no time limit:

Any felony committed in connection with a first- or second-degree murder.
Leaving the scene of a fatal accident and vehicular homicide.
Aggravated assault on a law enforcement officer, when the accused knew the victim was an officer acting within the scope of their duties.
Major sexual offenses and trafficking offenses against a victim under 18.

Cold cases involving these crimes can be reopened whenever new evidence surfaces.²

When the Clock Starts Late

The clock usually starts on the date the offense is committed, but Pennsylvania recognizes exceptions for crimes designed to stay hidden. When fraud or breach of fiduciary duty is a key element of the offense, prosecutors get an additional window: they can file charges within one year of the date the crime was discovered by the victim or someone with a legal duty to represent the victim. The extension cannot stretch the original deadline by more than three years total.¹ A fraud offense with a five-year deadline could, at most, be prosecuted up to eight years after it happened if it stayed hidden until year five.

Several fraud offenses already sit in the five-year category to begin with, including insurance fraud, deceptive business practices, and theft, which gives prosecutors more room before the discovery rule extension even applies.¹

DNA Matches to Unknown Suspects

Pennsylvania has a separate rule for cases where DNA identifies an unknown perpetrator. When physical evidence from a crime scene contains DNA that later matches a previously unidentified suspect, prosecutors can file charges within the normal statute of limitations or within one year of the identification, whichever gives them more time.³ This applies to felonies and to misdemeanor sexual offenses against minors, which is why old rape-kit hits can move forward long after the original deadline would have passed.

When the Clock Pauses

Even inside a set deadline, the clock can stop running. Pennsylvania law tolls the statute of limitations during any period when the accused is continuously absent from the state or has no place of residence or work in Pennsylvania that can be reasonably identified.⁴ The clock picks back up when the person returns or can be located. Someone who committed a misdemeanor and then spent six months out of state effectively gives prosecutors two and a half years, not two, to file.

What Happens After Charges Are Filed

The statute of limitations only governs how long police and prosecutors have to file. Once a written complaint is filed, a different clock starts. Under Pennsylvania Rule of Criminal Procedure 600, trial must begin within 365 days of the complaint date.⁵

The 365-day rule is not absolute. Delays caused by the defendant, such as requesting continuances or failing to appear, do not count against the clock. Delays caused by the court’s own scheduling issues can also extend it. But if the prosecution sits on a case for more than a year without a valid reason, the defendant can move to dismiss.

1
Pennsylvania General Assembly. Pennsylvania Code 42-5552 – Other Offenses
2
Pennsylvania General Assembly. Pennsylvania Code 42-5551 – No Limitation Applicable
3
Pennsylvania General Assembly. Pennsylvania Code 42-5552 – Other Offenses
4
Pennsylvania General Assembly. Pennsylvania Code 42-5554 – Tolling of Statute
5
Pennsylvania Code and Bulletin. 234 Pa. Code Rule 600 – Prompt Trial