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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 23980
Experience:  9+ years defending Misdemeanor and Felony cases.
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If the statute if limitations has ran or past. Can the statute

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If the statute if limitations has ran or past. Can the statute or a change in the timing of a statute be applied retroactively to periods in which the former statute has already lapsed?
Submitted: 6 years ago via Cornell Legal Info Institute.
Category: Criminal Law
Expert:  CrimDefense replied 6 years ago.
Code SectionTit. 22 §151-153
FeloniesMurder: none; bribery, embezzlement or misappropriation of public money or other assets, falsification of public records, conspiracy to defraud state or other subdivision, rape or forcible sodomy; lewd or indecent proposals or acts against children crimes involving minors in pornography, sodomy: 7 yrs.; (extended if DNA evidence collected and preserved: within 3 yrs. of identity establishment of offender through DNA testing); criminal conspiracy, embezzlement, criminal state income tax violations: 5 yrs.; all others: 3 yrs.
Misdemeanors3 yrs.
Acts During Which Statute Does Not RunAbsent state or not a resident of the state
Customer: replied 6 years ago.
If there is a change in the statute, say to 50 years as an example and the 7 years as shown above has passed. Can the change be made retroactively to periods in which the statute has already expired or passed? I. E. Can it reopen a period which has already past?
Expert:  CrimDefense replied 6 years ago.
No, if it has passed then they would not be able to prosecute you.
CrimDefense and 2 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
Thank you, XXXXX XXXXX the statute has passed then any changes to the statute in terms of time are irrelevant. They would not be able to prosecute, right? Sorry, just want to make sure I understand correctly
Expert:  CrimDefense replied 6 years ago.
Correct. As long as the statute has run you should be protected. If they change it now, it would apply to those who still were within the time frame.
Customer: replied 6 years ago.
Thank you