2023 New York Laws › CPL - Criminal Procedure › Part 1 - General Provisions › Title C - General Principles Relating to Requirements for and Exemptions From Criminal Prosecution › Article 30 - Timeliness of Prosecutions and Speedy Trial › 30.10 - Timeliness of Prosecutions; Periods of Limitation.

§ 30.10 Timeliness of prosecutions; periods of limitation.
1. A criminal action must be commenced within the period of limitation
prescribed in the ensuing subdivisions of this section.
2. Except as otherwise provided in subdivision three:
(a) A prosecution for a class A felony, or rape in the first degree as
defined  in  section  130.35  of  the  penal  law, or a crime defined or
formerly defined in section 130.50  of  the  penal  law,  or  aggravated
sexual  abuse  in  the  first degree as defined in section 130.70 of the
penal law, or course of sexual conduct against  a  child  in  the  first
degree  as  defined in section 130.75 of the penal law, or incest in the
first degree as defined in section  255.27  of  the  penal  law  may  be
commenced at any time;
(a-1)  A  prosecution  for  rape  in  the  second degree as defined in
subdivision two of section 130.30 of the penal law, or  criminal  sexual
act in the second degree as defined in subdivision two of section 130.45
of  the  penal law, or incest in the second degree as defined in section
255.26 of the penal law (where the crime committed is rape in the second
degree as defined in subdivision two of section 130.30 of the penal  law
or  criminal  sexual  act in the second degree as defined in subdivision
two of section 130.45) must be commenced within twenty years  after  the
commission  thereof  or  within ten years from when the offense is first
reported to law enforcement, whichever occurs earlier;
(a-2) A prosecution for  rape  in  the  third  degree  as  defined  in
subdivision one or three of section 130.25 of the penal law, or criminal
sexual act in the third degree as defined in subdivision one or three of
section 130.40 of the penal law must be commenced within ten years after
the commission thereof;
(b)  A  prosecution for any other felony must be commenced within five
years after the commission thereof;
(c) A prosecution for a misdemeanor must be commenced within two years
after the commission thereof;
(d) A prosecution for a petty offense must  be  commenced  within  one
year after the commission thereof.
3.  Notwithstanding  the provisions of subdivision two, the periods of
limitation for the commencement of  criminal  actions  are  extended  as
follows in the indicated circumstances:
(a)  A prosecution for larceny committed by a person in violation of a
fiduciary duty  may  be  commenced  within  one  year  after  the  facts
constituting  such  offense  are  discovered  or,  in  the  exercise  of
reasonable diligence, should have been discovered by the aggrieved party
or by a person under a legal duty to represent him who  is  not  himself
implicated in the commission of the offense.
(b)  A  prosecution  for  any  offense  involving misconduct in public
office by a public servant including,  without  limitation,  an  offense
defined  in  article  four  hundred  ninety-six of the penal law, may be
commenced against a public  servant,  or  any  other  person  acting  in
concert  with  such  public  servant  at  any  time  during  such public
servant's service  in  such  office  or  within  five  years  after  the
termination  of  such  service; provided however, that in no event shall
the period of limitation be extended by more than five years beyond  the
period otherwise applicable under subdivision two of this section.
(c)  A  prosecution  for  any crime set forth in title twenty-seven or
article  seventy-one  of  the  environmental  conservation  law  may  be
commenced  within four years after the facts constituting such crime are
discovered or, in the exercise of reasonable diligence, should have been
discovered by a public servant who has the responsibility to enforce the
provisions of said title and article.
(d) A prosecution for any misdemeanor set forth  in  the  tax  law  or
chapter  forty-six  of  the  administrative code of the city of New York
must be commenced within three years after the commission thereof.
(e)  A prosecution for course of sexual conduct against a child in the
second degree as defined in section 130.80  of  the  penal  law  may  be
commenced  within five years of the commission of the most recent act of
sexual conduct.
(f) For purposes of  a  prosecution  involving  a  sexual  offense  as
defined  in  article  one  hundred thirty of the penal law, other than a
sexual offense delineated in paragraph (a) of subdivision  two  of  this
section,  committed  against  a  child  less than eighteen years of age,
incest in the first, second or  third  degree  as  defined  in  sections
255.27,  255.26  and  255.25  of the penal law committed against a child
less than eighteen years  of  age,  or  use  of  a  child  in  a  sexual
performance as defined in section 263.05 of the penal law, the period of
limitation shall not begin to run until the child has reached the age of
twenty-three  or  the offense is reported to a law enforcement agency or
statewide central register of child abuse  and  maltreatment,  whichever
occurs earlier.
(g)  A  prosecution  for  any  felony  defined in article four hundred
ninety of the penal law must be commenced within eight years  after  the
commission thereof provided, however, that in a prosecution for a felony
defined  in  article  four  hundred  ninety  of  the  penal  law, if the
commission of such felony offense resulted in, or created a  foreseeable
risk  of,  death  or  serious  physical  injury  to  another person, the
prosecution may be  commenced  at  any  time;  provided,  however,  that
nothing in this paragraph shall be deemed to shorten or otherwise lessen
the  period, defined in any other applicable law, in which a prosecution
for a felony designated in this paragraph may be commenced.
* (h) A prosecution for any felony related to a deed  theft  or  where
there  is fraud in connection with a transaction involving real property
must be commenced within five years after the commission of  the  crime,
or  within  two  years  after  the  facts  constituting such offense are
discovered by the aggrieved party, whichever occurs later.
* NB Effective July 19, 2024
4. In calculating the time limitation applicable to commencement of  a
criminal action, the following periods shall not be included:
(a)  Any  period  following the commission of the offense during which
(i) the defendant was  continuously  outside  this  state  or  (ii)  the
whereabouts  of the defendant were continuously unknown and continuously
unascertainable by the exercise of reasonable diligence. However, in  no
event shall the period of limitation be extended by more than five years
beyond the period otherwise applicable under subdivision two.
(b) When a prosecution for an offense is lawfully commenced within the
prescribed  period  of  limitation  therefor,  and  when  an  accusatory
instrument  upon  which  such  prosecution  is  based  is   subsequently
dismissed  by  an  authorized  court  under  directions or circumstances
permitting the lodging of another charge for  the  same  offense  or  an
offense  based  on  the  same  conduct,  the  period  extending from the
commencement of the thus defeated prosecution to the  dismissal  of  the
accusatory  instrument  does  not  constitute  a  part  of the period of
limitation applicable to commencement of prosecution by a new charge.