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

2. Not Statue of Limitations

3. 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.

4. Crime is committed….

5. Clock Starts Ticking…

6. General Limitations
Felony:
3 Years
Misdemeanor
18 months

7. What stops the clock?
Defendant moves out of State

8. 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

9. 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.

10. 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

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

12. Sex Offenses

13. 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.

14. 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

15. 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)

16. 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.

17. 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.

18. 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

19. Victim was under 18 at the time of the offense

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

21. 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

22. 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.

23. 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