April 25, 2016

Asked 4/23/2016 – Wharton, TX

We have a situation where a person is being charged with sexual assault of a child that supposedly happened around 2000. I believe that the statute of limitations for this crime was 2 years some time back but think it’s changed to 99 years now.

Answer

The statute in question is Article 12.01 of the Texas Code of Criminal Procedure. There has never been a 2 year statute of limitation on any felony case in Texas. There is no statute of limitation on aggravated sexual assault. The attorney who represents your friend will determine the exact charge, the date the alleged offense occurred, and if any limitations issues are apparent.

About the author 

Grant St. Jullian III

Bachelor of Science in Chemical Engineering – 1979 Univ. of Pennsylvania
Doctor of Jurisprudence 1982 University of Texas @ Austin
Licensed by the Supreme Court of Texas since 1982.

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