State legislatures establish time constraints, known as legal statutes of limitations, within which attorneys must file felony cases. Read this article to know the Oregon statute of limitations.
The statute of limitations in Oregon is specified in ORS 131.125. Regarding criminal indictment, most offenses are time-barred by the statute of limitations.
The statute of limitations for prosecution varies depending on the offense in Oregon. Generally, the prosecution must begin within six months for minor violations, two years for misdemeanors, and up to three years for most felonies. However, there is no statute of limitations for murder. Additionally, there are some crimes, such as sexual assault and child molestation, that have longer statutes of limitations.
Read Also: Statute of Limitations Michigan
Criminal Statute of Limitations Oregon
Statute of Limitations for Rape and Sex Crimes
Even though Oregon no longer has the legal standing to prosecute you for a crime, you may still be held liable in civil court.
- If the perpetrator was younger than 18 in the case of Sodomy of the first degree, they could file a complaint at any time before they reached 30.
- Second or third-degree Sodomy has six years after the felony was committed, twelve months after it was first reported to authorities officials, or at any point before the perpetrator is thirty years old if the offender had been under eighteen.
- First-degree sexual assault within 12 years after offense, or if the complainant was under 18 at the time of the assault, first before a person reaches 30.
- For rapes of the third and second degrees, statute of limitations begins to run six years after the incident, or if the complainant was under the age of 18 when she becomes 30 or no more than 12 years after the incident was filed to law enforcement or welfare.
- In cases of sexual assault of a second-degree victim, the statute of limitations begins to run six years after the offense was committed, or if the complainant was under 18, when they became 30, or when they reported the crime to authorities or social assistance, whichever
- For crimes involving the encouragement or coercion of sex trafficking, the statute of limitations is six years from the date of the offense or, if the complainant was younger than 18, from the date the perpetrator turned 18 until the date they turned 30 years old, or from the date of their contact the authorities.
- Regarding a minor’s sexual abuse that does not rise to level of a felony, statute of limitations is four years from date of offense; or, if the complainant was under 18 until the minor becomes 22, or after four years of the offense being investigated by the police or administration.
Statute of Limitations for Mistreatment
- When a perpetrator of choking is younger than 30, statute of limitations begins to run regardless of when victim reports the assault to authorities (either 6 or 12 years after the crime occurred).
- Suppose the complainant was younger than the age of 18. In that case, the statute of limitations begins when the complainant turns 18 and ends when the defendant turns 30, whichever is later.
Statute of Limitations for Child Abuse
- If the complainant was younger than 18 for Sexual activity involving a child as a prop, they have until their 30th birthday to make a complaint with police; otherwise, they have six years from the date of the incident or 12 years from the date of the initial police report.
- Facilitating first-degree sexual assault of a child: If the complainant was younger than 18, they have until their 30th birthday to submit a report, or they have six years from the date of the incident or 12 years from the date of the preliminary report to police departments.
- Depending on circumstances, statute of limitations for incest can be as short as six years or thirty years, or whether the complainant was below eighteen at the time of offense or when it was signaled to the authorities.
- For enticing a juvenile, statute of limitations is six years from the date of the assault, twelve years from the date of the initial complaint of the violent act to police departments, or if the complainant was below the age of eighteen until the perpetrator is thirty.
- For the infraction of showing sexually explicit material to a minor, the statute of limitations is four years from the date of the crime or the date on which the complaint was revealed to police departments, whichever is later; if the complainant was younger than 18, the statute of limitations is four years from the date on which the victim turned 22.
Statute of Limitations for Misdemeanors
Misdemeanors can be prosecuted within four years of the perpetrator’s conviction or, if the complainant was still under eighteen at the scene of the offense, at any moment first before the complainant turns 22 or within four years of the violent act being filed with the police regulation.
- In other cases, deception or breach of confidence plays a significant role in the crime. It’s possible to go to court as soon as a year has passed since the offense was uncovered, and the process won’t take over three years at most.
- Suppose a public official or worker has committed an assault predicated on misbehavior in office. In that case, punishment can proceed while the offender is still serving in that position or within two years afterward but cannot be delayed by more than three years.
See Also: California Statute of Limitations for Fraud
Did Oregon lengthen its statute of limitations?
Physical harm and wrongful termination cases, among others, will have their statutes of limitation (sometimes called “tolling dates”) prolonged.
Does the statute of limitations restart if you successfully elude prosecution?
The legislation provides the prosecutor additional time to pursue charges against an offender who attempts to “evade” arrest. While the defendant is hiding from the law or does not have a permanent Oregon address, the clock on the statute of limitations stops running.
Hi, I’m Brian Gary; I have my Doctor of Juridical Science (SJD) degree from SMU Dedman School of Law in Dallas. Over the years, I have dealt with many families and successful corporate Legal cases. I have counseled many people on legal matters, and along with my profession, I write about Law on my blog. Please feel free to contact me for counseling/case discussion; I’ll be happy to help you.