Statute of Limitations for Sex Offenses is 10 Years, California Penal Code Section 803

Before 2001, California Penal Code Section 803 allowed the filing of a complaint within one year after DNA testing established a suspect's identity, but no later than "six years after commissioning of the offense." However, statutory amendments in 2001 extended the limitation period from six to 10 years. Thus, the 10-year statute of limitations now applies to all offenses, even those that occurred before the 2001 amendments.

A recent California Court of Appeals case (People v. Hollie) upheld the 2001 amendment to the statute of limitations. In that case, the defendant was convicted by a jury of rape (Pen. Code, section 261, subd. (a)(2)), and sexual penetration with a foreign object (Pen. Code, section 289, subd. (a)(1)), and sentenced to a term of 10 years in state prison. The defendant argued that the statute of limitations for the offenses lapsed before the prosecution was commenced. The Court concluded that the 10-year statute of limitations did not expire and affirmed his conviction.

The practical meaning of this case is that all sexual offenses now have a 10 year statute of limitations (unless the offense was against a child). Thus, even offenses committed before the amendment to the statute of limitations, will fall under the new 10 year statute of limitations.

Sex offense charges are very serious in California. If you or someone you love has been accused of a sex crime, you should call the experienced Los Angeles sex crime attorneys at Wallin & Klarich immediately. You could be facing jail time, fines, and registration as a sex offender if you are convicted of a sex crime. The attorneys at Wallin & Klarich have the skills and expertise to provide you with the best possible defense. Our experienced defense attorneys can be reached by phone at 1-888-749-0034 or through our website at www.wklaw.com. We will be there when you call.