Florida Statute of Limitations for Crimes Against Children

Florida

Is there a point in time in which someone can no longer be tried for statutory rape? For instance if it happened for or five years ago can the person still be charged for it?

This really depends on the specific violation that took place; detemining the violation depends on age of the minor at the time of the sexual activity and age difference between the minor and the adult.

Below is just a small portion of the statute relating to minors. It's a fairly lengthy statute found under Title XLVI Chapter 775.15 Time limitations; general time limitations; expectations.

Statute of limitations in criminal and civil action for Offenses against children.

Criminal Prosecutions
Citation: Ann. Stat. § 775.15

There is no statute of limitations for sexual battery in the 1st degree against a victim under 18 years of age.

The statute of limitations will not begin for a victim under 18 years of age until he or she reaches 18 years of age, or until the violation is reported to a law enforcement agency or other governmental agency, whichever occurs earlier.

The statute of limitations for certain offenses extends for a period within 1 year after the identity of the accused is established or should have been established by the exercise of due diligence through analysis of DNA evidence, if a sufficient portion of the physical evidence collected at the time of the original investigation and tested for DNA is preserved and available for testing by the accused. The offenses included are:

  • Sexual battery
  • A lewd and lascivious offense

Generally, the following statutes of limitation apply:

  • For a felony in the 1st degree, it is a period within 4 years after commission of the offense.
  • For any other felony, it is a period within 3 years after commission of the offense.
  • For a misdemeanor in the 1st degree, it is a period within 2 years after commission of the offense.
  • For a misdemeanor in the 2nd degree, it is a period within 1 year after commission of the offense.

Civil Actions
Citation: Ann. Stat. § 772.17

Generally, the statute of limitations for filing a civil claim based on a criminal act is a period within 5 years after the cause of action arises.

More Information regarding statute of limitations laws