People often assume criminal charges can be filed at any time.
Missouri’s statute of limitations sets deadlines for when criminal charges must be filed. Most misdemeanors must be charged within one year, most felonies within three years, but murder, attempted murder, forcible rape, and forcible sodomy have no statute of limitations under Missouri law.
So, what is the Missouri statute of limitations—and which crimes have no time limit?
What is a statute of limitations?
A statute of limitations is a law that sets the maximum time the state has to file criminal charges after an alleged offense occurs.
Once that time expires:
- Charges usually cannot be filed
- The case may be legally barred
Missouri’s criminal statutes of limitations are set out in Chapter 556 of the Missouri Revised Statutes.
Missouri statute of limitations by offense level
Missouri uses different time limits depending on the seriousness of the offense.
| Missouri offense | Statute of limitations |
| Murder | None |
| Attempted murder | None |
| Forcible rape | None |
| Forcible sodomy | None |
| Most felonies | 3 years |
| Most misdemeanors | 1 year |
Felonies
For many felony offenses, Missouri law sets a three-year statute of limitations.
However, this does not apply to all felonies.
Misdemeanors
Most misdemeanors must be charged within one year of the alleged offense.
This includes many lower-level offenses, but there are exceptions.
Crimes with no statute of limitations in Missouri
Some crimes are considered so serious that Missouri law allows prosecution at any time, no matter how much time has passed.
What crimes have no statute of limitations in Missouri? Under § 556.036 RSMo, the following offenses have no statute of limitations:
Murder
All forms of murder may be charged at any time.
Forcible rape and forcible sodomy
Missouri law provides no limitation period for:
- Forcible rape
- Forcible sodomy
These offenses may be prosecuted regardless of how much time has passed.
Attempt to commit murder
An attempt to commit murder also has no statute of limitations.
When does the statute of limitations start?
In most cases, the statute of limitations begins:
- On the date the offense allegedly occurred
However, Missouri law allows tolling (pausing the clock) in certain situations, such as when:
- The accused is not publicly identifiable
- The accused is outside the state
These exceptions can significantly affect timing.
Why the statute of limitations matters
The statute of limitations exists to:
- Encourage timely investigations
- Protect the reliability of evidence
- Promote fairness in criminal prosecutions
But when an offense has no statute of limitations, the passage of time alone does not prevent charges.
No. Some of the most serious crimes—such as murder and forcible rape—have no time limit for prosecution. Generally, no. Once the statute expires, the charge is usually barred unless an exception applies. The statute governs when charges must be filed, not how long a case can last once filed. Courts make that determination, often after motions and legal briefing. Cases are handled through the Missouri court system, including the Missouri courts.Frequently Asked Questions
Do all felonies in Missouri have a statute of limitations?
Can charges be filed after the statute of limitations expires?
Does the statute of limitations apply once charges are filed?
Who decides whether the statute of limitations has expired?
The key takeaway
The Missouri statute of limitations depends on the crime.
Many offenses must be charged within one or three years, but murder, attempted murder, forcible rape, and forcible sodomy have no statute of limitations under Missouri law.
If you’re unsure whether time limits apply to a specific situation, the details matter—and waiting can change options.
If you have questions about criminal charges or timelines in Missouri, a free consultation can help you understand where things stand and what the law allows.