Statute of Limitations

Updated 10/5/08

Statute

Prosecution for misdemeanors; manslaughter by automobile, motorboat, etc.; homicide by motor vehicle. CJP § 5-106

General Rules

- The Statute of Limitations

o Felonies have no statute of limitations unless specified. Greco v. State, 307 Md. 470, 478 (1986).

o Misdemeanors. “A prosecution for a misdemeanor shall be instituted within 1 year after the offense was committed.” CJP §5-106(a).

o The statute of limitations for conspiracy is the statute of limitations for the substantive crime that is the subject of the conspiracy. CJP §5-106(n)

- The statute of limitations runs from the time the offense is committed until the prosecution is commenced, either by indictment or preliminary proceeding such as issuance of a warrant of arrest. State v. Mars, 39 Md. App. 436, 439 (1978)

- For criminal cases, “the running of limitations must be raised as an affirmative defense, usually before trial and, at the latest, during trial, when its availability shall have become apparent.” Brooks v. State, 85 Md. App. 355, 363 (1991)

Notable Exceptions to the General Rules

o Felonies:

§ 3 years

· Manslaughter by vehicle or vessel. CJP §5-106(o)

· Homicide by motor vehicle while impaired or under the influence. CJP §5-106(o)

o Misdemeanors:

§ 2 years

· Unlawfully using a driver's license. CJP §5-106(c)

· Fraudulently using a false or fictitious name when applying for a driver's license. CJP §5-106(c)

§ 3 years

· Welfare fraud. CJP §5-106(j)

· Medicaid fraud CJP §5-106(k)

· Straw sales or illegal sales, rentals, transfers, possession, or receipt of regulated firearms. CJP §5-106(t)

· Failure to stop at scene of accident resulting in bodily injury or death. CJP §5-106(o)

§ No limitations

· Unnatural or perverted sexual practice. CR § 3-322(c)

· Identity fraud. CR § 8-301 (h)

Exceptions to the General Rule Regarding The Statute of Limitations

Title of Offense and Statutory Authority for Statute of Limitations

- 30 days

o Sabbath breaking or drunkenness. CJP §5-106(d)

o In Allegany County, selling alcoholic beverages to a person under the legal age or for selling alcoholic beverages after hours. CJP §5-106(e)

- 1 year.

o In general, a prosecution for a misdemeanor shall be instituted within 1 year after the offense was committed. CJP §5-106(a).

o Failure to secure workers' compensation insurance shall be instituted within 1 year after the Commission finds that the employer was uninsured or within 1 year after payment as directed by the Commission. CJP §5-106(m)

- 2 years

o Unlawfully using a driver's license. CJP §5-106(c)

o Fraudulently using a false or fictitious name when applying for a driver's license. CJP §5-106(c)

o Commission or attempt to commit misdemeanor under election laws; Public Ethics Law; or criminal malfeasance, misfeasance, or nonfeasance in office committed by officer of State/multicounty agency. CJP §5-106(f)

§ Or a conspiracy to commit any of above. CJP §5-106(g)

o Fish and fisheries provisions; wildlife provisions. CJP §5-106(u)

o Abuse or neglect of vulnerable adult. CJP §5-106(w)

- 3 years

o Violation of Environmental Article or regulation adopted under article shall be instituted within 3 years from the date the Department knew or reasonably should have known of the violation. Environment § 1-303, CJP §5-106(a).

o Welfare fraud. CJP §5-106(j)

o Medicaid fraud CJP §5-106(k)

o Tax-related offenses CJP §5-106(l)

o Manslaughter by vehicle or vessel. CJP §5-106(o)

o Homicide by motor vehicle while impaired or under the influence. CJP §5-106(o)

o Failure to stop at scene of accident resulting in bodily injury or death. CJP §5-106(o)

o Sex discrimination. CJP §5-106(p)

o Charging or receiving compensation in adoption. CJP §5-106(q)

o Unauthorized practice of medicine. CJP §5-106(r)

o Charitable solicitation offenses. CJP §5-106(s)

o Straw sales or illegal sales, rentals, transfers, possession, or receipt of regulated firearms. CJP §5-106(t)

o Computer crimes. CJP §5-106(v)

o Offenses by nursing home administrators. CJP §5-106(x)

o Violation of Insurance Article. CJP §5-106(y)

o Sexual abuse of a minor student by a person in a position of authority. CJP §5-106(z)

o Anne Arundel County environmental protection or natural resource conservation. CJP §5-106(aa)

o Franchise Law. Business Regulation § 14-211(b)

- 4 years

o Antitrust. Commercial § 11-207(d)

o Foreign Boycotts. Commercial § 11-107(d)

- No limitation

o Felonies. See Greco v. State, 307 Md. 470, 478 (1986). See also Willis v. State, 176 Md. App. 1, 3-4 (2007)

o Homicide. CR § 2-102

o Misdemeanor punishable “by imprisonment in the penitentiary.” CJP §5-106(b).

o Statutory misdemeanors indicating that they are subject to CJP §5-106(b):

§ Unnatural or perverted sexual practice. CR § 3-322(c)

§ Sale of minor. CR §3-603(c)

§ Use of machine gun for aggressive purpose. CR §4-405(d)

§ Burning with intent to defraud. CR §6-106(c)

§ Embezzlement. CR §7-113(c)

§ Defalcation. CR §7-114(d)

§ Rehypothecation of personal securities. CR §7-115(c)

§ Failure to deliver documents for merchandise. CR § 7-116(d)

§ Identity fraud. CR § 8-301 (h)

§ Fraudulent conversion of partnership assets. CR § 8-401(c)

§ Fraudulent misrepresentation by corporate officer or agent. CR § 8-402 (c)

§ Misuse of documents of title. CR § 8-406 (c)

§ Forging or falsifying signature of court officer. CR § 8-606.1(c)

§ Counterfeiting public seal. CR § 8-607(d)

§ Counterfeiting stamp of Comptroller. CR § 8-608(c)

§ Embezzling, altering will or record. CR § 8-701(c)

§ Destroying will. CR § 8-702(c)

§ Perjury. CR § 9-101(d)

§ Subornation of perjury. CR § 9-102(c)

§ Bribery of public employee. CR § 9-201(e)

§ Bribery of juror; acceptance of bribe by juror. CR § 9-202(d)

§ Bribery of person connected with athletic contest. CR § 9-204(c)

§ Removing human remains without authority. CR § 10-402(g)

§ Human trafficking. CR § 11-303(c)(ii)

§ Receiving earnings of prostitute. CR § 11-304(c)

§ Abduction of child under 16. CR § 11-305(c)

§ Failure to surrender after forfeiture of bail or recognizance. CP § 5-211(d)

§ Offender Registration, Prohibited act; penalty. CP § 11-721(c)

§ Development Financing, False statement. Economic Dev. § 5-463(d)

§ Offenses relating to registration Election, § 16-101(c)

§ Offenses relating to voting Election § 16-201(c)

§ Homeowners in Foreclosure. RP § 7-321(b)

§ Mortgage Fraud. RP § 7-407(f)

§ Any other statute indicating that it is subject to CJP §5-106(b)

Lesser Included Offenses

A defendant is not entitled to the benefit of both a lesser included offense instruction and an expired period of limitations on those lesser included offenses. Spaziano v. Florida, 468 U.S. 447, 456 (1984) (Where Defendant was charged with murder and requested jury instructions for lesser-included offenses, proper to deny instruction on those offenses where the statute of limitations had already run for them and the Defendant refused to waive statute of limitations)

Where requested, the defendant should be given a choice between having the benefit of the lesser included offense instruction or asserting the statute of limitations on the lesser included offenses. Spaziano v. Florida, 468 U.S. 447, 456 (1984). See also State v. Bowers, 349 Md. 710, 729-30 (1998) (“Permitting a jury to return a verdict which is a nullity is contrary to the public interest and the sound administration of justice”)