In Texas, the statute of limitations on theft is two years for any misdemeanor, five years for most felonies, and ten years when the theft was committed by a fiduciary or a public servant. These deadlines come from the Texas Code of Criminal Procedure, and once the applicable window closes, the state loses the authority to prosecute, no matter how strong the evidence is.
Two Years for Misdemeanor Theft
Every class of misdemeanor theft carries the same two-year filing deadline under Article 12.02 of the Code of Criminal Procedure.1State of Texas. Texas Code of Criminal Procedure Article 12.02 – Misdemeanors Which class applies depends on the value of what was taken: Class C covers property under $100, Class B covers $100 to $750 (or under $100 with a prior theft conviction), and Class A covers $750 to $2,500. The two-year clock is the same for all three.
If no complaint, information, or indictment is filed within those two years, the defense can move to dismiss and the judge must grant it. There is no extension based on how serious the loss was or whether the victim wants to pursue the case.
Five Years for Most Felony Theft
Felony theft follows the general five-year rule in Article 12.01 of the Code of Criminal Procedure.2State of Texas. Texas Code of Criminal Procedure Article 12.01 – Felonies The felony tiers set by Texas Penal Code Section 31.03 run from state jail felony (property worth $2,500 to $30,000) through first-degree felony (property worth $300,000 or more).3State of Texas. Texas Penal Code 31.03 – Theft Certain categories, such as stolen firearms or catalytic converters, reach felony level regardless of value, but they still fall under the five-year deadline.
Ten Years for Fiduciary and Public Servant Theft
Two specific categories get a longer window. Article 12.01(2) sets a ten-year statute of limitations for:2State of Texas. Texas Code of Criminal Procedure Article 12.01 – Felonies
- Theft of any estate (real, personal, or mixed) by an executor, administrator, guardian, or trustee acting with intent to defraud a creditor, heir, ward, beneficiary, or other interested person.
- Theft of government property by a public servant who exercises control over that property in an official capacity.
These schemes are often hidden for years before an audit or a successor fiduciary uncovers the loss, and the ten-year period gives prosecutors a realistic window to investigate.
When the Clock Starts
The limitation period begins on the date the offense was committed, not the date it was discovered. For a shoplifting incident or an unauthorized transfer, that date is usually obvious. For embezzlement or a fiduciary scheme, the act may be completed long before anyone notices, and Texas courts generally focus on when the criminal conduct was completed rather than when the victim found out. The longer ten-year window for fiduciary and public-servant theft is the main concession the statute makes to that detection lag.
The date matters because the charging document has to show on its face that the offense falls inside the limitation period. A charge filed one day late is subject to dismissal.
What Pauses the Clock
The limitation period does not always run straight through. Article 12.05 of the Code of Criminal Procedure identifies two situations that toll it.4State of Texas. Texas Code of Criminal Procedure Article 12.05 – Absence From State and Time of Pendency of Indictment, Etc
Time Spent Outside Texas
Any period the accused spends outside Texas does not count toward the deadline. If someone leaves the state for three years after the alleged offense, those three years are added to the window. Crossing state lines does not run out the clock.
A Pending Charge for the Same Offense
The clock also stops while an indictment, information, or complaint for the same offense is pending in court. Tolling runs from the date the charging document is filed until a court finds it invalid for any reason. If an indictment is dismissed on a technicality, the state keeps whatever time it had left and can refile.
Raising the Defense
An expired limitation period does not end a case on its own. The defense has to raise it, usually through a motion to dismiss arguing that the deadline has passed. Once timing is in dispute, the state has to show either that charges were filed on time or that tolling applied. If the state cannot make that showing, the court must dismiss.
This is one of the strongest procedural defenses in Texas criminal law. Guilt or innocence is beside the point. A confession, surveillance video, or physical evidence will not revive a time-barred case, and the defendant cannot be recharged for the same act.
Civil Suits and Federal Charges Run Separately
The criminal deadlines above only govern state prosecution. A theft victim’s civil claim for conversion runs on its own two-year clock under the Civil Practice and Remedies Code, so a civil suit may still be alive after criminal charges are time-barred, or the reverse.
Federal theft offenses have their own deadline too. The general federal statute of limitations for non-capital crimes is five years from the date of the offense.5Office of the Law Revision Counsel. 18 USC 3282 – Offenses Not Capital That deadline applies to things like mail theft, wire fraud, theft from a federally insured bank, and theft of government property, regardless of dollar amount, and federal tolling rules are not the same as the Texas provisions.