Somehow this landed on my desk and I need an answer fast! I don't have many details (such as why it's coming up now instead of weeks or months ago), but any help would be much appreciated. Sexual assault of a child - the date of offense we have listed is 01/01/1994. Victim does not remember the exact date, but the 1994 date is based on the house that she lived in at the time of the assault - and they lived there only in 1994 or possibly late 1993-94. In 1994, the statute of limitations for the offense was 10 years. The problem presented to me is to find out ASAP how do we determine statute of limitations without a clearly defined offense date?

If it was indeed 1993, then it has already passed and the case must be refused. If the date we have in the papers (01/01/94) is correct, will filing today (even though the indictment, if any, won't happen until next week at the earliest) keep us within the limitation?

Any thoughts or directions would be most appreciated.

Is this before the statute was lenghten to 10 years after the child reaches 18. I am pretty sure that there is a case that says if the statute of limitations is changed then the new statute applies (unless it ran out before the effective date of the new statute). In other words I think the current statute applies retoactivly

I too believe that Acts 1997, Ch. 740 applies in your case. See sec. 3, stating the new law does not apply if the prosecution became barred before September 1, 1997. See also Venegas, 980 S.W.2d at 705.

Here is the 3 second summary of the law. The indictment on its face must show that the offense occured within the Statute of Limitations when compared with the date of indictment. There may be tolling provisions that apply, but they must be pled. Make sure your date provisions include "on or about", but that will not extend your limitations period, but may solve some specificity problems.

Fun last day of the year. Don't you wish you had taken the day off? Good Luck.

Randall is correct. If the SOL is extended before the expiration of the original SOL, the longer SOL will apply. In your case, you are going to be within the SOL.

Correct, fast, and helpful as always! The time factor concerned me, and I posted this as I began to research. What a help to have such great direction! Victim is only 18 now and falls well within sec. 5 of the 1997 change. Many thanks, and best wishes for the New Year!