What Crimes Have No Statute of Limitations in New York?

Each crime case has its own time period. This usually starts from when the alleged crime occurred or when the violation was discovered. In some cases, the time can sometimes be extended due to certain circumstances.

However, there are exceptions to the statutes of limitations for certain crimes, which are considered the most serious. Of course, these crimes have no statute of limitations, meaning they can be charged at any time.

To know how the statute of limitations works and what crimes have a limited time and which ones do not in New York, let’s identify them below!

What is the Statute of Limitations?

A statute of limitations is a law that sets the maximum amount of time in which prosecutors can file criminal charges. Policies regarding statutes of limitations can vary depending on the jurisdiction, the crime, and the severity of the crime.

The law actually aims to ensure the evidence for a case is trustworthy. On the other hand, the accused may file for dismissal of the charges if the statute of limitations has passed.

In investigating and sentencing serious crimes, time is a key factor that can affect the eligibility of a criminal case. However, the more time that passes, the less likely the evidence and memory can be reliable.

Both state and federal crimes will have statutes of limitations. This time period provides prosecutors the time limit to charge someone after committing a crime. When a prosecutor faces criminal charges, whether state or federal, the statute of limitations for that crime must be considered.

Why Does a Crime Have a Statute of Limitations?

Whether or not a statute of limitations applies to a case will depend on the severity of the case. Also, it will apply for a variety of reasons, such as:

• • Important evidence can be lost over time.
  • Witnesses may have blurred or even lost memories, causing them to forget important details of the incident.
  • This law can prevent unfair prosecutions and actions.
  • This law prevents unfair prosecution of individuals who have committed crimes in their past.

Crimes That Have No Statute of Limitations

The following are the crimes that have no statute of limitations in New York:

1. Class A Felonies

Class A felonies are the highest level of crimes, representing the most serious offenses among the other crime classes.

The punishment for Class A felonies is severe, ranging from life in prison to the death penalty. In New York itself, the death penalty was abolished in 2007. Well, the offenders convicted of Class A felonies are sentenced to life in prison; in serious cases, there’s no option for parole at all.

Here are the crimes included in Class A felonies:

• • Aggravated murder (first and second degree)
  • Arson (first degree)
  • Terrorism (especially if it risks death or serious physical injury)
  • Possession of chemical weapons
  • A controlled substance possession (first degree)
  • Kidnapping (first degree)
  • Operating as a major dealer.
  • Conspiracy (first degree)
  • Aggravated enterprise corruption

These crimes must be first degree, except for murder, which is a Class A felony in both the first and second degrees. There are also cases of sexual assault and possession and use of controlled substances, which are Class A-II felonies.

2. Rape (First Degree)

In addition to Class A felonies, rape is one of the crimes that have no statute of limitation in New York. But the cases of rape should be first-degree. The term “rape” sometimes also includes “sexual assault.”

A type of sexual assault involves sexual intercourse or other forms of sexual penetration under duress. These acts may occur with or without kidnapping, serious physical violence to the victim, robbery, and the threat or use of a deadly weapon.

Also, it can happen to an individual who is unable to give valid consent, such as someone who is helpless, unconscious, underage, or even those with intellectual disabilities. Well, the punishment of the first-degree rape is up to life imprisonment.

3. Aggravated Sexual Abuse (First Degree)

In New York, aggravated sexual assault is considered a first-degree crime that has no statute of limitations. And it is categorized as a Class B felony.

The act can occur in the following circumstances:

• • The victim was less than eleven years of age.
  • The victim is physically forced to have sexual intercourse.
  • The victim is unable to give consent to have sexual intercourse.
  • The victim suffered physical pain, making them unable to fight back.

You should know that the victims of aggravated sexual assault may experience trauma, either physically or emotionally, with short- or long-term effects. Physically, they may also get body bruises, pain, dislocated bones, or even bleeding from the vaginal area. While some mental effects include anxiety, sexual disorder, or depression.

Course of Sexual Conduct Against a Child (First Degree)

This is a first-degree sexual act against a child being less than eleven years old, committed by a person who is eighteen years of age or older in at least two sexual acts within a period of no less than three months.

This sexual crime with no statute of limitations must be first-degree and can include acts of sexual intercourse, anal sexual conduct, oral conduct, or aggravated sexual contact.

According to New York Penal Code § 130.75, it is intended to punish individuals who repeatedly sexually abuse children.

Okay, those are the crimes that have no statute of limitations in New York.

Crimes That Have Statute of Limitations in New York

In addition to the crimes with no statute of limitations, there are also crimes that have a time limit. When it comes to the length of time it is valid, this will vary depending on the type and severity of the violation.

The following is a list of crimes that have statute of limitations in New York, along with the length of time: