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Texas Criminal Statute of Limitations Laws


Posted by Tamara

Texas is one of several states that have recently extended the statute of limitations in cases involving DNA identification of suspects. Under the Texas criminal statute of limitations laws, the statute of limitations for sexual assault, or rape, is 10 years, if there is no DNA evidence. Most other felonies have a statute of limitations of 3 years.

Many offenses have a 10 year statute of limitations under the Texas criminal statute of limitations laws. This includes 1st degree felonies, including injury to a child.  There is a 5 year statute of limitations on the following offenses:

  • Kidnapping (within the state)
  • Injury to a child (not 1st degree Felony)
  • Abandoning or endangering a child

The statute of limitations for some sex offenses against a minor is 10 years after the minor reaches the age of 18.

According to the Texas Attorney General’s office, DNA testing is the newest weapon in the state’s arsenal of crime-fighting techniques. Prosecutors and police may use DNA testing to exonerate the wrongly convicted and to convict those who have eluded law enforcement for years. DNA testing is the fingerprinting of the new millennium.

A century ago, the technique of matching a fingerprint to crime-scene evidence revolutionized crime solving. At the beginning of a new century, DNA profiling is extending the investigative capabilities of law officers, who can use the process to identify suspects and obtain convictions.

Although much of the focus on DNA testing has been in the area of post-conviction testing, genetic evidence also may be used to solve cases involving sexual assault. The conviction of sexual offenders safeguards others from being assaulted while providing closure to their victims. When offenders are convicted, their victims may begin to regain a sense of control over their lives, something many victims feel they lost when they were sexually assaulted.

To take advantage of the new technology, many states are examining the laws that limit the time in which cases involving a sexual assault may be prosecuted.  

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