Colorado Statute of Limitations for Criminal Acts

Colorado statutes of limitations dictate the timeframes in which legal action must be taken for various criminal charges. These timeframes allow for justice to be pursued in a timely manner while also protecting defendants from old charges when evidence may be stale. Here we’ll cover the Colorado criminal statutes, what they mean and a chart for specific limits.

Why Statutes of Limitations Matter in Criminal Law

The statute of limitations encourages prompt prosecution, so evidence and witness testimony is fresh and credible. Timeframes vary depending on the crime. More serious crimes, especially violent crimes, have longer, or no statutory limits.

Key Statutes for Limitations in Colorado

The main statute for Colorado’s statute of limitations is found in Colorado Revised Statutes Section 16-5-401. This statute outlines the different timeframes based on the type of crime and has special provisions for certain crimes, like those involving minors. It’s important to know how these timeframes apply based on whether the crime is a misdemeanor or felony and the nature of the crime.

Colorado Statute of Limitations for Various Offenses

• No Statute of Limitations: Some of Colorado’s most serious crimes, like murder and sex crimes against minors, have no statute of limitations. That means charges can be brought at any time, no matter how long ago the crime occurred.
• Felonies: Most felonies in Colorado have a 3-year statute of limitations, some serious felonies have 5 years or more.
• Misdemeanors and Traffic Offenses: Colorado has shorter timeframes for less serious offenses. Misdemeanors have an 18-month limit, some misdemeanor traffic offenses have a 1-year limit.

When Does the Clock Start?

The statute of limitations usually starts on the date of the offense or when the crime is discovered. Crimes with complex or hidden elements, like embezzlement or conspiracy, may have a delayed start time.

Statute of Limitations Tolling

“Tolling” means suspending the statute of limitations under certain circumstances. In Colorado, tolling occurs if the accused is out of state, which extends the time to file charges up to 5 years. This provision prevents suspects from avoiding charges by simply leaving the state.

Colorado Statute of Limitations Chart

Here is a chart of the time limits for different types of crimes in Colorado:

Crime Category	Statute of Limitations	Statutory Reference
Murder, kidnapping, treason	None	§ 16-5-401(1)(a)
Sex offenses against minors	None	§ 16-5-401(1)(a)
Felony forgery, any penalty	None	§ 16-5-401(1)(a)
Vehicular homicide	5 years	§ 16-5-401(1)(a.5)
Other felonies	3 years	§ 16-5-401(4)
Misdemeanors	18 months	§ 16-5-401(5)
Class 1 and 2 misdemeanor traffic offenses	1 year	§ 16-5-401(6)
Petty offenses	6 months	§ 16-5-401(7)

Exceptions to Note

Some crimes may also have longer limitations under special circumstances, like fraud or cybercrimes. In cases of conspiracy or continuous crimes, like ongoing theft, the statute doesn’t start until the last act is committed. Crimes discovered long after they occurred—usually fraud or abuse cases—may have different start dates.

Discovery of an Offense and Statute of Limitations in Colorado

In Colorado, some crimes have a statute of limitations that only starts when the offense is “discovered” not from the date of the offense. The concept of “discovery” is key, especially for crimes where the victim or law enforcement may not know a crime has occurred right away. In those cases, the statute of limitations starts when the offense is reasonably known or should have been known through diligent inquiry. This delay is significant for crimes of complex schemes, fraud or hidden harm where perpetrators will go to great lengths to conceal their actions.

How “Discovery” Works in Colorado Law

Colorado law recognizes that some criminal acts are not immediately detectable especially those involving fraud, embezzlement, and environmental violations. For those cases, the statute of limitations clock starts ticking only when the offense is discovered or should have been discovered. This provision allows perpetrators of these hidden crimes to be held accountable even if their actions go undetected for years.

For example, in a large embezzlement case, a financial institution may not detect the missing funds until an audit uncovers suspicious transactions. In that case, the discovery date becomes the starting point for the statute of limitations. Similarly, a fraud case involving falsified documents may remain hidden until the victim or an investigator finds discrepancies in the records.

Crimes Where the Discovery Rule Applies

Several crimes in Colorado are subject to the “discovery” rule which can extend the statute of limitations. Some of those include:

1. Fraud: Crimes of deception such as securities fraud, financial fraud or mortgage fraud fall under the discovery rule. Since the victim may not know they have been frauded right away the statute of limitations starts from when the fraud is discovered or should have been discovered.
2. Theft by Deception: Where the offender uses deception to take someone else’s property without their permission, the crime may not be discovered right away. This is common in real estate scams, investment schemes, or where the theft occurs over a long period of time. Here, the statute of limitations starts when the offense is discovered.
3. Environmental Violations: Crimes of environmental harm such as illegal dumping or pollution are often hidden. Since the effects of these crimes may not surface until environmental testing or investigation uncovers them the statute of limitations in these cases starts from the time of discovery.
4. Sexual Assault Cases Involving Minors: While Colorado already allows indefinite prosecution for certain sexual offenses against minors, the discovery rule may apply to cases where the victim delayed reporting, or the evidence was not discovered until later especially if the victim was unaware of the harm due to age or other factors.
5. Elder Abuse and Financial Exploitation: Crimes against the elderly especially financial exploitation are often hidden and may not be discovered until a family member or caregiver investigates unusual transactions or behavior. The statute of limitations for these crimes may start when the abuse is first discovered.

What the Discovery Rule Means

The discovery rule gives victims and law enforcement more time to prosecute crimes that would otherwise go unprosecuted due to the passage of time. By understanding how discovery affects the statute of limitations, both prosecutors and Colorado criminal defense attorneys can prepare better for these cases and balance the need for justice with due process rights.

Conclusion

Colorado’s statutes of limitations strike a balance between time to investigate/prosecute, and fairness to the accused when the evidence and testimony would be “stale.” If you’re facing charges or worried that you might face charges for an older crime, please contact us at 719-227-0022 to discuss your case.

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