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The statute of limitations on sex crimes have change a number of times in the last 20 years. Does anyone have a chart or list of what the changes were and when they were made? In working a new case the officers have found a couple of old ones from the late 80's and early 90's that we are trying to reach to include in the new indictment and I've got to know whether the old statutes ran on these charges before the new statutes kicked in. Thanks. Donnie
 
Posts: 130 | Location: Texas | Registered: October 12, 2006Reply With QuoteReport This Post
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Recently had to research indecency with a child. Sent you a copy of the email with that research which takes it back to 1990.

Let me know if you don't get it.
 
Posts: 473 | Location: Palo Pinto, Texas | Registered: March 22, 2002Reply With QuoteReport This Post
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Here is a memo I once used:


You have asked me to determine whether prosecution of a prison inmate for the offenses of aggravated sexual assault of a child and indecency with a child by contact is barred by the statute of limitations. The prosecution of both of these offenses is not currently limitations barred.

Here are the relevant facts: The child victim’s date of birth is 12/29/82. The date of the offense(s) was on or about 2/23/87. An indictment was handed down on 11/24/87. That indictment was subsequently dismissed on 1/7/88.

The original limitations period, according to the 1986 Revised version of the Texas Code of Criminal Procedure, was 5 years from the date of the offense for both aggravated sexual assault of a child and indecency by contact. TEX. CODE CRIM. PRO. art. 12.01, §3(C) (1986 rev. ed.). On the date the offense(s) occurred, the limitations period expired on 2/22/92.

The limitations period is tolled during the pendency of an indictment. TEX. CODE CRIM. PRO. art. 12.05(b). Therefore, the filing and subsequent dismissal of the indictment in this case extended the limitations period for these offenses to 4/6/92.

Effective September 1, 1987, the Texas Legislature extended the statute of limitations for aggravated sexual assault of a child and indecency with a child to 10 years from the date of the offense. TEX. CODE CRIM. PRO. art. 12.01, §2(D) (1988 ed.). That revision extended the limitations period for these offenses to April 6, 2002.

Effective September 1, 1997, the Texas Legislature extended the statute of limitations for aggravated sexual assault of a child and indecency with a child by contact to 10 years from the child victim’s birthday. TEX. CODE CRIM. PRO. art. 12.01, §5 (1997 ed.). That revision extended the limitations period for these offenses to December 29, 2010.

Effective September 1, 2007, the Texas Legislature once again revised the limitations statute, this time removing any limitations period for the crimes of aggravated sexual assault of a child and indecency with a child. TEX. CODE CRIM. PRO. art. 12.01, §1 (2007 ed.). That revision removed any limitations period for these offenses.

The limitations period for an offense may be extended by act of the legislature so long as it has not previously expired. Archer v. State, 577 S.W.2d 244 (Tex. Crim. App. 1979). Because the limitations period for neither of the instant offenses expired prior to the effective dates of the various pieces of legislation extending the limitations period, prosecution for these offenses is not currently limitations barred.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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Just FYI, you can get copies of all the old CCP's from 1991 until today on disk; see the TDCAA publications form. that might be helpful!
 
Posts: 273 | Registered: January 19, 2001Reply With QuoteReport This Post
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Short answer: If no tolling involved, such offenses occurring on or before Sept. 1, 1982 became barred no later than September 2, 1987; such offenses occurring on or after September 1, 1982 but before September 1, 1987 became barred no later than September 2, 1997. Starting with such offense committed on or after September 1, 1987, there is no statute of limitations.
 
Posts: 2335 | Registered: February 07, 2001Reply With QuoteReport This Post
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