Statutes of Limitations DuPage County State’s Attorney’s Office Robert B. Berlin Cathy De La Mar and Fred Flather

Not Statue of Limitations

Statutes of Limitations Set forth the period of time in which criminal charges must be brought after a crime is committed. If a prosecutor does not file charges before the time limit expires, the offender can never be charged.

Crime is committed….

Clock Starts Ticking…

General Limitations Felony: 3 Years Misdemeanor 18 months

What stops the clock? Defendant moves out of State

What stops the clock? Defendant is a public officer and crime = stealing public funds while in office Material witness is on active military duty/leave

Time Period Extended for Certain Offenses Can prosecute within one year after discovery of offense by victim or by person who has legal capacity to represent victim or has legal duty to report offense or one year after prosecutor becomes aware.

No Statutes of Limitations for: First/Second Degree Murder Attempt Murder Involuntary Manslaughter Reckless Homicide Leaving the Scene of/Failure to Report Death Accident Concealment of a Homicidal Death

No Statute of Limitations for… Treason Arson/Aggravated Arson Child Porn/Aggravated Child Porn (production only)

Sex Offenses

No Statutes of Limitations for… Any offense involving sexual conduct/penetration in which DNA profile of offender is entered into DNA database within 10 years of offense if: (i) Victim reported offense to law enforcement within 3 years of offense; or (ii) Victim murdered during course of offense or within 2 years after offense.

If you get a DNA result and the offender is still not identified, call the State’s Attorney’s Office anyway! The prosecutor might want to indict John Doe

Within 1 Year of Victim Turning 18 Child Pornography Indecent Solicitation of a Child Juvenile Prostitution Offenses (does not include keeping a place of juvenile prostitution) Criminal Sexual Abuse (victim < 18)

Within 1 Year of Discovery of Offense by Victim Sexual Conduct or Penetration; and Defendant was in a professional or fiduciary relationship with the victim at the time of the offense.

Within 10 Years of the Offense Criminal Sexual Assault Aggravated Criminal Sexual Assault Aggravated Criminal Sexual Abuse and The victim reported the offense to police within 3 years of the offense.

Within 20 Years of Victim’s 18th Birthday Criminal Sexual Assault Aggravated Criminal Sexual Assault Predatory Criminal Sexual Assault of a Child Aggravated Criminal Sexual Abuse Felony Criminal Sexual Abuse Failure to Report any of the Above Offenses and

Victim was under 18 at the time of the offense

Within 10 Years of the Victim’s 18th Birthday Misdemeanor Criminal Sexual abuse and Victim was under 18 at the time of the offense

Any Time When Corroborating Physical Evidence is Available Criminal Sexual Assault Aggravated Criminal Sexual Assault Predatory Criminal Sexual Assault of a Child Aggravated Criminal Sexual Abuse Felony Criminal Sexual Abuse and Victim was under 18 years at time of offense

Must start with the statute of limitations that was in effect when the crime was committed. Example: At the age of 5, victim was sexually assaulted by her step-father. She is now 25 years old. She reported the offense today.

Jaycee Dugard Born May 3, 1980 Kidnapped June 10, 1991 (11 years of old) 1994 – gave birth to child 1997 – gave birth to second child