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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27009
Experience:  Handle criminal matters in both state and federal courts.
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how do i find out what the statue of limitations is ...

Customer Question

how do i find out what the statue of limitations is on rape or sex abuse in new york state?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Samuel II replied 8 years ago.

Hi

there is no statute of limitiations on rape in NY. Proceedings may be commenced at any time a per CPL 30.10 (2) it states the following. i can provide you the text of the referenced sections so you can see if your situation pertains to the no limits. otherwise a prosecution for any other felony must commence within 5 years per the statute

§ 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 criminal sexual act in
the first degree as 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 may be
commenced at any time