We have a case where the victims of identify theft recently realized that their identifying information was used way back in 1999. The statute of limitations section of the Code doesn't list Fraudulent Use of Identifying Information as having any special limitations exception. Obvious question, are the victims out of luck here or is there some sort of "discovery rule" that applies to this crime? Thanks for all your help. Sorry if there is an easy answer that I'm missing.

Steve L.
Asst. D.A. Hopkins County

The discovery rule does not apply in criminal cases. However, the defendant's absence from the state could extend the statute of limitations.
Also, Penal Code Sec. 32.51 was not effective until September 1, 1999. Would forgery work? The limitations period for forgery is ten years.