Florida’s Statute of Limitations for Sex Crimes
Each state has a “statute of limitations” that limits the time the prosecution has to commence or initiate the criminal prosecution. Florida’s Statute of Limitations (“SoL”) for criminal prosecutions is in Section 775.15, F.S.
Over time, the Florida legislature has found numerous ways to extend the timeline or limit the application of the statute of limitations, particularly for rape and sexually motivated crimes against children.
Depending on how the crime is charged, no statute of limitations may apply. For some of the most serious sexually motivated offenses, a prosecution can be commenced at any time.
The Florida Legislature recently passed “Donna’s Law,” which applies to crimes committed on or after July 1, 2020. Donna’s Law removes the statute of limitations timeline to commence prosecution of any sexual battery offenses involving a victim younger than 18 at the time the offense is committed, regardless of the degree of felony or time frame in which the minor victim reported the offense to law enforcement. Now, the prosecution for those specified sexual battery offenses against children can be commenced at any time, assuming the offense was committed on or after July 1, 2020.
The SoL in effect at the time a crime is committed controls. See Beyer v. State, 76 So. 3d 1132, 1135 (Fla. 4th DCA 2012). As a general rule, the time is calculated from the day after the offense allegedly occurred to the day the charging document is filed by the prosecutor. In Florida, the charging document is usually an “information” or “indictment.”
The filing of a charging document initiates the prosecution for the purpose of satisfying the time limitations. See Section 775.15(3)–(4), F.S.
Attorney for Sex Crimes with a Statute of Limitations Issue in Florida
Contact an experienced criminal defense attorney for a free and confidential consultation. During the consultation, we can discuss the application of the statute of limitations to an accusation such as rape or other sex crimes in Florida.
We can help you understand how the crime might be charged, which statute of limitations period might apply, and whether the time period was tolled for any reason.
The seven criminal defense attorneys at the Sammis Law Firm represent clients throughout the greater Tampa Bay area. We are experienced in fighting false allegations of rape or sexual battery crimes in the greater Tampa Bay area.
Visit our main office in downtown Tampa, FL, just a few blocks from the courthouse. We also have offices in New Port Richey in Pasco County, across from the West Pasco Judicial Center, and in Clearwater in Pinellas County, near the Criminal Justice Center (CJC) courthouse.
Call (813) 250-0500.
Standard Time Limits for the Statute of Limitation in Florida
As explained in Section 775.15(1), F.S., the following types of felony offenses have no limits on the time in which the prosecution may be commended. For these offenses, the prosecution may be commenced at any time:
- any capital felony
- any life felony
- any felony that resulted in a death.
Unless designated otherwise in the statute, the standard time limitations are listed as follows:
- four years for a first degree felony
- three years for a second or third degree felony
- two years for a first degree misdemeanor
- one year for a second degree misdemeanor
Even if the standard time limitations apply, they might be “tolled.” For example, regardless of whether a charging document is filed, the time limitation does not run during any time an offender is continuously absent from the state or otherwise undiscoverable because the defendant lacks a reasonably ascertainable home address or place of employment. Even under this scenario, an extension of the SoL may not exceed the normal time limitation by more than three years. See Section 775.15(5), F.S.
Furthermore, the courts have found that an extension of a particular crime’s SOL does not violate the ex post facto clause of the Florida Constitution if the extension takes effect before prosecution of an offense is barred by the old SOL and the newly extended SOL clearly indicates it applies to cases pending upon its effective date. See Art. I, s. 10, Fla. Const.; Andrews v. State, 392 So. 2d 270, 271 (Fla. 2d DCA 1980).
Exceptions to Florida’s Statute of Limitations for Sexual Battery
Florida law has numerous exceptions to the standard statute of limitations for certain crimes and circumstances. For example, Florida law
extends or removes the standard time limitations or changes the date on which the calculation of the SoL begins for sex crimes, including sexual battery, lewd or lascivious offenses, and human trafficking.
For example, Section 794.011, F.S., criminalizes sexual battery offenses. Sexual battery means oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object. See Section 794.011(1)(h), F.S.
The offense level for sexual battery differs based on various factors, such as the defendant’s age, the alleged victim’s age, and other specified circumstances.
| Subsection | Defendant’s Age | Victim’s Age | Special Circumstances | Felony Level |
|---|---|---|---|---|
| (2)(a) | ≥ 18 yrs. | < 12 yrs. | Injures the victim’s sexual organs | Capital |
| (2)(b) | < 18 yrs. | < 12 yrs. | Injures the victim’s sexual organs | Life |
| (3) | No age requirement | ≥ 12 yrs. | Uses or threatens to use a deadly weapon or uses actual physical force likely to cause serious personal injury | Life |
| (4)(a) | ≥ 18 yrs. | ≥ 12 yrs., but < 18 yrs. | Any circumstance listed in s. 794.011(4)(e), F.S. | First |
| (4)(b) | ≥ 18 yrs. | ≥ 18 yrs. | Any circumstance listed in s. 794.011(4)(e), F.S. | First |
| (4)(c) | < 18 yrs. | ≥ 12 yrs. | Any circumstance listed in s. 794.011(4)(e), F.S. | First |
| (4)(d) | No age requirement | ≥ 12 yrs. | Any circumstance listed in s. 794.011(4)(e), F.S., and the defendant was previously convicted of an enumerated sexually motivated offense against a minor | First |
| (5)(a) | ≥ 18 yrs. | ≥ 12 yrs., but < 18 yrs. | No physical force or violence likely to cause serious personal injury | First |
| (5)(b) | ≥ 18 yrs. | ≥ 18 yrs. | No physical force or violence likely to cause serious personal injury | Second |
| (5)(c) | < 18 yrs. | ≥ 12 yrs. | No physical force or violence likely to cause serious personal injury | Second |
| (5)(d) | No age requirement | ≥ 12 yrs. | No physical force or violence likely to cause serious personal injury, but the defendant was previously convicted of an enumerated sexually motivated offense against a minor child | First |
Since the passage of “Donna’s Law,” the statute of limitations does NOT apply. Such a prosecution can be commenced for any sexual battery offenses committed against a victim who was younger than 18 year old at the time of the offense. In other words, Donna’s law eliminated the application of the statute of limitations to those offenses, regardless of the degree of felony or time frame in which the minor victim reported the offense to law enforcement. Now, the prosecution for those specified sexual battery offenses against children can be commenced at any time, assuming the offense was committed on or after July 1, 2020.
Read more about how sexual battery crimes are prosecuted in Florida.
Exceptions to the Statute of Limitations for Sex Crimes
Florida law provides several exceptions to the standard rules governing the Statute of Limitations depending on the crime charged and the particular circumstances. Although some states use the term “rape” or “sexual assault,” most allegations of rape in Florida fall under the category of sexual battery.
As a general rule, the prosecution for a capital felony, a life felony, or a felony that resulted in a death may be commenced at any time. In other words, these crimes have no statute of limitations. Several types of all into this category:
- Sexual battery of a child less than 12 years of age under § 794.011(2)(a) and (b);
- Sexual battery with the use of force or the use or threat to use a deadly weapon under § 794.011(3); and
- Sexual battery of a child less than 12 years of age by a person in familial or custodial authority under § 794.011(8)(c)(a life felony).
Other types of sexual battery offenses that have no statute of limitations because the prosecution can be commenced at any time include:
- A first-degree felony sexual battery committed on a victim under 18 years of age as provided in § 775.15(13)(b)(except for an offense the prosecution of which would have been barred by subsection (2) on or before October 1, 2003);
- A violation of § 794.011 (sexual battery) when the victim was under 16 years of age at the time the offense was committed. § 775.15(13)(c);
- A first or second-degree felony sexual battery under § 794.011, which is reported to a law enforcement agency within 72 hours after its commission as provided in §775.15(14) (except an offense the prosecution of which would have been barred by subsection (2) on or before December 31, 1984.unless the offense occurred on or before December 31, 1984); and
- A first or second-degree felony sexual battery under § 794.011 is committed upon a victim under the age of 18 and is reported to law enforcement or other governmental agency within 72 hours after its commission as provided in § 775.15(13)(a).
In addition to sexual battery, the following sex crimes have no statute of limitations because the prosecution can be commenced at any time:
- The kidnapping of a child under 13 with an accompanying, enumerated offense is a life felony as provided in § 787.01(3)(a); and
- When a person 18 or older who commits lewd or lascivious molestation against a child under 12 commits a life felony as provided in § 800.04(5)(b).
Florida law provides for an eight-year time limitation on prosecuting a first or second degree felony sexual battery when the victim is 16 years of age or older at the time of the offense, provided the offense was not barred from prosecution on or before July 1, 2015, except for:
- A first or second degree felony sexual battery when the victim is 16 years of age or older and reports the crime to law enforcement within 72 hours; or
- A first degree felony sexual battery when the victim is younger than 18 years of age, provided the offense was not barred from prosecution on or before October 1, 2003.
Tolling of the Statute of Limitations until the Victim Turns 18
If the victim is under 18 when the crime was allegedly committed, the computation of time for the statute of limitations is tolled until the victim turns 18. Under § 775.15(13)(a), the applicable period of limitation, if any, does not begin to run until either:
- the victim has reached the age of 18; or
- the violation is reported to a law enforcement agency or other governmental agency.
This provision applies to the following types of offenses:
- incest;
- sexual battery;
- any lewd or lascivious offense under § 800.04; or
- computer-facilitated lewd or lascivious exhibition under § 847.0135(5).
Additional Resources
Statute of Limitations for Sexual Battery Crimes in Florida – Learn more about how the statute of limitations in Florida might bar the prosecution of crimes for sexual battery (also known as “rape” or “sexual assault”).
This article was last updated on Friday, November 8, 2024.