Penal Code 801.1 PC - Statute of Limitations for California Sex Offenses
The criminal “statute of limitations (SOL)” refers to the time allowed for a prosecutor to file case charges. Generally, the SOL is one year for misdemeanors and three years for felonies, but many exceptions exist.
Under California Penal Code 801.1 PC, the district attorney must file criminal charges for certain sex-related felonies within ten years if it involved an adult or by the victim's 40th birthday if they were a minor under the age of 18 when the crime allegedly occurred.
Simply put, the SOL sets the maximum duration during which legal proceedings can be initiated after an alleged crime. This law is designed to uphold justice by ensuring that potential criminal defendants are not indefinitely exposed to prosecution on evidence that might have been compromised over time.
PC 801.1 says, “(a) (1) Notwithstanding any other limitation of time described in this chapter, prosecution for a felony offense described in Section 261, 286, 287, 288, 288.5, or 289, or former Section 288a, or Section 289.5, as enacted by Chapter 293 of the Statutes of 1991 relating to penetration by an unknown object, that is alleged to have been committed when the victim was under 18 years of age, may be commenced any time before the victim's 40th birthday.
(2) Paragraph (1) shall only apply to crimes committed on or after January 1, 2015, or for which the statute of limitations that was in effect before January 1, 2015, has not run as of January 1, 2015.
(b) Notwithstanding any other limitation of time described in this chapter, if either subdivision (a) of this section or subdivision (b) of Section 799 does not apply, prosecution for a felony offense described in subdivision (c) of Section 290 shall be commenced within ten years after commission of the offense.”
Under California Senate Bill 813, which took effect in 2017, there is no statute of limitation for most severe sex offenses involving force or violence, including PC 261 rape and PC 288 lewd acts with a minor.
What Are the Limitation Periods?
The criminal statute of limitations in California for sex offenses often differs based on the severity of the crime and the circumstances of the case, and some have no statute of limitations. Simply put, the SOL is typically longer for the more severe crimes.
This law attempts to balance the rights of the defendant with the rights of the alleged victims, who may or may not be able to pursue criminal charges months or even years after the offense. Specifically, felony sex offenses in California have the following limitation periods:
- If the victim was an adult, the district attorney must file criminal charges within ten years of the alleged crime.
- The district attorney must file criminal charges before the alleged victim's 40th birthday if they were a minor under 18.
- The statute of limitations for misdemeanor sex crimes is shorter, even if they require sex offender registration. For example, for Penal Code 243.4 PC misdemeanor sexual battery, the SOL is two years.
Which Crimes Have a Ten-Year Statute of Limitation?
Generally, most sex crimes against adults carry a 10-year statute of limitations. The specific sex offenses for which this statute applies to most crimes that require sex offender registration (Penal Code 290 PC) but do not qualify for a longer statute of limitations, such as the following:
- Penal Code 243.4 PC Sexual battery (felony),
- Penal Code 236.1 PC Human trafficking,
- Penal Code 288 PC Lewd acts on a minor,
- Penal Code 289 PC Sexual penetration with a foreign object,
- Penal Code 261 PC Rape,
- Penal Code 311.4 PC Production of child pornography (PC 801.2)
Minor Victims by Their 40th Birthday
For sex crimes committed against victims who were under 18 at the time of the alleged crime, there are exceptions. For example, The SOL is extended until their 40th birthday. This means alleged victims can come forward long after the time they may have been too young to fully understand the implications of what occurred.
This extended period applies to some sex crimes before January 1, 2015, and includes the following offenses:
- Penal Code 261 PC Rape by use of force or violence,
- Penal Code 286 PC Sodomy by use of violence or force,
- Penal Code 287 PC Oral copulation with a minor,
- Penal Code 288 PC Lewd acts with a minor age 14 or 15,
- Penal Code 288.5 PC Continuous sexual abuse of a child,
- Penal Code 289 PC Foreign object sexual penetration.
What is the Justice for Victims Act?
In 2016, the Justice for Victims Act (Senate Bill 813), which is codified in Penal Code 799 PC, eliminated the statute of limitations for several sex crimes. This means the district attorney can file charges anytime for the following sex offenses:
- Penal Code 261 PC Rape,
- Penal Code 286 Sodomy,
- Penal Code 264.1 PC Rape in concert (gang rape),
- Penal Code 288 PC Lewd acts with a minor,
- Penal Code 288.5 PC - Continuous sexual abuse of a child.
PC 799(b)(1) says, "Prosecution for a felony offense described in paragraph (1), (2), (3), (4), (6), or (7) of subdivision (a) of Section 261, paragraph (1), (2), (3), (4), or (5) of subdivision (a) of former Section 262, Section 264.1, paragraph (2) or (3) of subdivision (c) of, or subdivision (d), (f), (g), (i), or (k) of, Section 286, paragraph (2) or (3) of subdivision (c) of, or subdivision (d), (f), (g), (i), or (k) of, Section 287 or former Section 288a, subdivision (a) of Section 288 involving substantial sexual conduct as defined in subdivision (b) of Section 1203.066, subdivision (b) of Section 288, Section 288.5, or subdivision (a), (b), (d), (e), or (g) of Section 289 may be commenced at any time."
Notably, this law applies to crimes committed after January 1, 2017, and those for which the statute of limitations had not expired. By removing prosecution time constraints, this law acknowledges the complex nature of the healing and reporting process for victims of sexual abuse and assault.
What Are the SOL Exceptions?
Under California law, there are a few exceptions in which the district attorney can file sex offense charges after the statute of limitations has expired, such as the following:
- Penal Code 803(f)(1) independent corroborating evidence rule. A prosecutor can file charges within one year after an alleged victim comes forward claiming there was "substantial sexual conduct" by someone and there is some independent corroborating evidence other than an opinion from a mental health professional. Also, the alleged victim was over 21 when a report was made, and evidence corroborates the allegation.
- Penal Code 803(g) PC DNA exception. In cases of foreign object sexual penetration, the district attorney can file charges within one year of DNA evidence showing the defendant as a suspect. Notably, this rule only applies for offenses committed after January 1, 2001, where the DNA was analyzed within two years, or before January 1, 2001, where the DNA was analyzed not later than January 1, 2004.
If the statute of limitations has expired for your sex offense, defined under Penal Code 801.1 PC, the case will likely be dismissed. Contact our California sex crime lawyers for a free case evaluation. The Hedding Law Firm is based in Los Angeles, CA.
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