Is there a statute of limitations for sexual assault in Texas?
It depends on the victim and the evidence. For sexual assault of an adult, the indictment generally must come within 10 years. There is no limit if the alleged victim was a child. There is also no limit if collected biological evidence is untested or unmatched, or if there is probable cause of the same or a similar offense against five or more victims.
- No time limit for sexual assault of a child, continuous sexual abuse, or indecency with a child.
- Sexual assault of an adult: generally 10 years, with no-limit exceptions.
- Sexual performance by a child: 20 years from the victim's 18th birthday.
- Child pornography: 7 years. Online solicitation of a minor: 3 years.
- The deadline is met when the indictment is presented, not when trial starts.
If an allegation from years ago has surfaced, you may wonder whether it is too late to charge. This page explains Texas time limits for sex crimes. It is part of our guide to Dallas sexual offense defense. Peter M. Barrett has been licensed in Texas since 1994. He has tried more than 150 jury trials and is a Past President of the Dallas Criminal Defense Lawyers Association (2005).
What a statute of limitations is
A statute of limitations is the deadline the State has to formally charge a crime. Felony deadlines are in Tex. Code Crim. Proc. art. 12.01. It says felony indictments may be presented within its limits "and not afterward."
The deadline is about the charging document, not the trial. An indictment is "presented" when the grand jury has acted on it and the court has received it (art. 12.06). For misdemeanors, the deadline applies to an indictment or information (art. 12.02).
- Time outside Texas. Time the accused is absent from the state is not counted (art. 12.05(a)).
- A pending charge. Time while an indictment, information, or complaint is pending is not counted (art. 12.05(b)).
- Attempts and "aggravated" offenses. An attempt has the same period as the offense attempted. An offense titled "aggravated" carries the same period as the primary crime, unless chapter 12 says otherwise (art. 12.03(a), (d)).
Sex offenses with no statute of limitations
Article 12.01(1) lists felonies that can be charged at any time. Those tied to sexual offenses are:
- Sexual assault of a child, §22.011(a)(2), and aggravated sexual assault of a child, §22.021(a)(1)(B) (art. 12.01(1)(B)).
- Continuous sexual abuse of young child or disabled individual, §21.02 (art. 12.01(1)(D)).
- Indecency with a child, §21.11 (art. 12.01(1)(E)).
- Trafficking of persons under §20A.02(a)(7) or (8), which involves trafficking a child or disabled individual into listed sexual offenses (art. 12.01(1)(G)).
- Continuous trafficking of persons, §20A.03 (art. 12.01(1)(H)).
- Compelling prostitution of a child younger than 18 or a disabled individual, §43.05(a)(2) or (3) (art. 12.01(1)(I)).
- Failure to stop or report sexual or assaultive offense against child, §38.17 (art. 12.01(1)(M)).
- Continuous promotion of prostitution, §43.032 (art. 12.01(1)(N)).
For the sexual assault statutes, a "child" is a person younger than 17 (§22.011(c)(1); §22.021(b)(1)). Our pages on indecency with a child and continuous sexual abuse of a child cover those charges.
These are the current rules. Texas has changed its limitation periods over the years. For an older allegation, ask a lawyer to check which version of the law applies to the dates involved.
Sexual assault of an adult: 10 years, with exceptions
For sexual assault of an adult, the general period is 10 years from the offense (art. 12.01(2)(E)). There is no limit in two situations:
- Biological evidence. Biological matter was collected during the investigation. It either has not been DNA tested, or it was tested and does not match the victim or anyone whose identity is readily ascertained (art. 12.01(1)(C)(i)).
- Five or more victims. Probable cause exists that the defendant committed the same or a similar sex offense against five or more victims (art. 12.01(1)(C)(ii)).
A similar DNA rule applies to burglary of a habitation with intent to commit sexual assault or aggravated sexual assault (art. 12.01(1)(L)).
One narrow version has a shorter period. Sexual assault punished as a state jail felony under §22.011(f)(2) has two years from the date of discovery (art. 12.01(10)). That version involves a health care provider using donor reproductive material without the patient's express consent (§22.011(b)(12)).
Aggravated sexual assault of an adult is not named in art. 12.01. Article 12.03(d) gives an "aggravated" offense the same period as the primary crime. That points back to the sexual assault rules above.
Offenses measured from the victim's 18th birthday
For these offenses, the State has 20 years from the alleged victim's 18th birthday:
- Sexual performance by a child, §43.25 (art. 12.01(6)(B)).
- Trafficking of a child under §20A.02(a)(5) or (6) (art. 12.01(6)(A)).
- Kidnapping or aggravated kidnapping, §20.03 or §20.04, if the victim was younger than 17 (art. 12.01(5)(A)).
- Burglary of a habitation with intent to commit certain child sexual offenses or kidnapping, if the victim was younger than 17 (art. 12.01(5)(B)).
Child pornography, online solicitation, and indecent exposure
Child pornography. Possession or promotion of child pornography under §43.26 has a limit of seven years from the offense (art. 12.01(3)(F)).
Online solicitation of a minor. Section 33.021 is not listed in art. 12.01, and its offenses are felonies (§33.021(f)). It falls under the catch-all for "all other felonies": three years (art. 12.01(11)). See our page on online solicitation of a minor.
Indecent exposure. Under §21.08, it is usually a Class B misdemeanor, or Class A with one prior conviction. Those must be charged within two years (art. 12.02(a)(1)). It becomes a felony with two or more prior convictions, or if the actor is civilly committed as a sexually violent predator (§21.08(b)(2), (3)). The felony versions fall under the three-year catch-all (art. 12.01(11)).
Summary table
| Offense | Penal Code section | Time limit |
|---|---|---|
| Sexual assault of a child (under 17) | §22.011(a)(2) | None |
| Aggravated sexual assault of a child | §22.021(a)(1)(B) | None |
| Continuous sexual abuse of young child or disabled individual | §21.02 | None |
| Indecency with a child | §21.11 | None |
| Trafficking a child or disabled individual into sexual offenses | §20A.02(a)(7), (8) | None |
| Compelling prostitution of a child or disabled individual | §43.05(a)(2), (3) | None |
| Sexual assault of an adult | §22.011(a)(1) | 10 years; none with untested or unmatched biological evidence or 5+ victims |
| Sexual assault, state jail felony version | §22.011(f)(2) | 2 years from discovery |
| Sexual performance by a child | §43.25 | 20 years from victim's 18th birthday |
| Possession or promotion of child pornography | §43.26 | 7 years |
| Online solicitation of a minor | §33.021 | 3 years |
| Indecent exposure (misdemeanor) | §21.08 | 2 years |
| Indecent exposure (felony versions) | §21.08(b)(2), (3) | 3 years |
Time limits come from Tex. Code Crim. Proc. arts. 12.01 and 12.02.
Federal time limits for child sex offenses
Federal charges follow federal law.
- 18 U.S.C. §3283. For an offense involving the sexual or physical abuse, or kidnaping, of a child under 18, prosecution is allowed during the child's life or for ten years after the offense, whichever is longer.
- 18 U.S.C. §3299. There is no limit for any felony under chapters 109A, 110 (except §§2257 and 2257A), or 117, or under §1591. It also covers kidnapping under §1201 involving a minor. Chapter 109A includes aggravated sexual abuse (§2241). Chapter 110 includes sexual exploitation of children (§2251).
What "no statute of limitations" means for an old allegation
No limit means only that the charge can be filed at any time. It says nothing about whether the allegation can be proven. People report past events years later for many reasons. Time still affects every case, on both sides:
- Memory. Dates, places, and the order of events blur for everyone.
- Records. Phone records, school files, work schedules, and photos may be gone.
- Witnesses. People move, lose touch, or pass away.
So defense work on an old allegation often starts with the timeline. We try to pin down where everyone lived, worked, and went to school at the time. We look for records that still exist and people who were present. A vague date range can sometimes be tested against housing, custody, or school records. Where a time limit applies, the dates also decide whether the charge was filed in time.
What to do if you are contacted about an old allegation
A detective's call about something years ago can feel like a chance to clear things up. Treat it as the start of an investigation.
- Do not discuss the allegation without a lawyer. Politely decline an interview. Read about your right to remain silent in Texas.
- Do not contact the person who reported, directly or through others.
- Do not delete anything from your phone, email, or accounts.
- Write down dates, addresses, schools, and jobs from that period, and share it only with your lawyer.
If you believe the allegation is untrue, see our page on being falsely accused of sexual assault. You can reach Peter Barrett's office at (214) 526-0555.
Common questions
What is the statute of limitations for sexual assault in Texas?
For sexual assault of an adult, it is generally 10 years. There is no limit if the victim was younger than 17. There is also no limit if collected biological evidence is untested or unmatched, or if there is probable cause of similar offenses against five or more victims.
Is there a statute of limitations on child sexual abuse in Texas?
For the main child sexual offenses, no. Article 12.01 lists sexual assault and aggravated sexual assault of a child with no limitation. It also lists continuous sexual abuse of a young child and indecency with a child.
What is the Texas statute of limitations for indecency with a child?
There is none. Article 12.01(1)(E) of the Code of Criminal Procedure lists indecency with a child among the offenses with no limitation.
Does the time limit stop if the accused leaves Texas?
Yes. Under article 12.05(a), time the accused is absent from the state is not counted. The deadline is met when the indictment is presented: acted on by the grand jury and received by the court.
Can federal prosecutors charge an old child sex offense?
Federal law has long limits. Under 18 U.S.C. section 3283, sexual abuse of a child under 18 can be prosecuted during the child's life or for ten years, whichever is longer. Section 3299 sets no limit for felonies under chapters 109A, 110, and 117 and section 1591, with narrow exceptions.
The law this page describes, at the source.
This guide is general legal information about Texas law, not legal advice about your case. Reading it does not create an attorney-client relationship. Laws change, so confirm the current rule with a licensed Texas criminal defense attorney about your specific facts. Request a free, confidential case review.