Los Angeles Sex Crimes Statute of Limitations Attorney

When an arrest or even a detective’s phone call surfaces decades after the alleged conduct, few events are as disruptive or confusing as the realization that the State of California may still have the authority to prosecute. Statutes of limitations were created to prevent precisely that kind of endless threat. They exist to ensure evidence is fresh, memories are reliable, and trials are fundamentally fair. Yet in the sex-crime arena, Sacramento has steadily chipped away at limitation periods, adding complicated exceptions, carve-outs, and retroactive extensions. If you or a loved one has been accused of a sex crime occurring many years, or even decades ago, you must discuss your case with a knowledgeable criminal defense attorney as soon as possible.

The Kraut Law Group Criminal & DUI Lawyers, Inc. criminal defense team understands how the shifting statutory landscape affects real people in Los Angeles County. Attorney Michael Kraut, a former Deputy District Attorney with more than fourteen years of prosecutorial experience, uses that insider knowledge to expose over-charged cases, stale proof, and procedural shortcuts. This guide explains the current rules, the most recent legislative changes, strategic defenses tied to limitation periods, and the critical pathway for terminating sex-offender registration once the law allows.

A criminal statute of limitations is a legislative deadline: if the prosecuting agency files a complaint after the clock runs, the court must dismiss it. The rule protects both defendants and the integrity of the judicial process. Important witnesses relocate or pass away, DNA samples degrade, and counseling records are destroyed under health-privacy regulations. After too much time has elapsed, a trial becomes a guessing game rather than a search for truth.

California has long balanced those fairness concerns against the public interest in punishing sexual abuse, particularly abuse of children. The result is a tiered framework that asks three basic questions:

• How serious is the crime, and what is its maximum punishment?
• How old was the complaining witness when the alleged conduct occurred?
• Did exceptional circumstances, such as new DNA evidence or a recent change in the law, restart or suspend the running clock?

Under the Justice for Victims Act (Senate Bill 813), which took effect on January 1, 2017, California amended Penal Code § 799 to add several sex offenses to the list of crimes with no limitation period. Those crimes include:

• Forcible rape and rape of an intoxicated or unconscious person (Pen. Code § 261)
• Rape in concert (Pen. Code § 264.1)
• Sodomy by force, violence, or threat (Pen. Code § 286)
• Oral copulation by force, violence, or threat (now Pen. Code § 287)
• Lewd or lascivious conduct with a child (Pen. Code § 288)
• Continuous sexual abuse of a child (Pen. Code § 288.5)
• Penetration with a foreign object by force (Pen. Code § 289)

Lawmakers reasoned that public policy justified removing time constraints because these offenses are already punishable by life imprisonment. The abolition applies to crimes committed on or after January 1, 2017, and to earlier offenses if the applicable statute had not expired.

Assembly Bill 2295, chaptered on September 28, 2024, amends Penal Code § 801.1. Beginning January 1, 2025, prosecutors may commence any felony sex offense listed in subdivisions (a) or (b) of § 801.1, most notably rape, sodomy, oral copulation, lewd acts and continuous sexual abuse of a child, regardless of the victim’s age at the time of filing, so long as the crime occurred on or after January 1, 2025 or the prior statute of limitations had not yet lapsed.

For crimes between January 1, 2015, and December 31, 2024, Penal Code § 801.1 currently permits the District Attorney to file charges before the complaining witness turns 40. The rule covers the same core list of registerable felonies: rape, sodomy, oral copulation, lewd acts, continuous sexual abuse, and forcible penetration.

If a felony sex offense is not listed above, think possession of child pornography (Pen. Code § 311.11) or arranging a meeting with a minor for lewd purposes (Pen. Code § 288.4), but it does trigger sex-offender registration under Penal Code § 290(c), prosecutors usually have ten years from the date of the incident to file charges. The ten-year window appears in § 801.1(b) and continues to govern unless and until lawmakers eliminate it in future sessions.

Misdemeanor offenses generally must be filed within one year (Pen. Code § 802), though the Legislature has carved out two years for certain misdemeanor sex crimes involving minors (Pen. Code § 803.5). Examples include indecent exposure (Pen. Code § 314) or annoying or molesting a child (Pen. Code § 647.6). The shorter timeline can become a robust defense when an accuser comes forward after a significant delay, but the conduct, if proven, still amounts only to a misdemeanor.

Even where the statute of limitations technically expired, Penal Code § 803 contains tolling provisions that can reopen the filing window:

• § 803(g) gives prosecutors one additional year to file once a viable DNA profile links a named suspect to the crime, provided the evidence was independently corroborated.
• § 803(d) stops the clock while the accused is outside California.

These exceptions are often misunderstood and misapplied. An effective defense team scrutinizes laboratory chain-of-custody records, challenges the methodology behind DNA “hits,” and demands that the DA prove exactly when a client left—and re-entered—the state.

• Motion to Dismiss (Pen. Code § 995). If the complaint is time-barred, counsel can move to dismiss before the case ever reaches trial.
• Attack on Specific Counts. A single information can mix timely and untimely counts. Narrowing the complaint early reduces exposure and improves plea-bargain leverage.
• Evidentiary Arguments. Old cases frequently rely on unrecorded statements or faded memories. Highlighting the prejudice caused by delay supports exclusion motions under Evidence Code § 352 and can bolster suppression efforts under due-process theories.
• Negotiation Leverage. Demonstrating that the prosecution may lose a dismissal motion often drives more favorable charge reductions or diversion offers.

Sex-offender registration is a direct outgrowth of conviction and often lasts long after any statute-of-limitations issue has been litigated. In 2021, California replaced its once-automatic lifetime system with a tiered registry under Senate Bill 384. Today, three basic classifications exist:

• Tier 1: Misdemeanor registrants and less-serious felonies, 10-year minimum registration
• Tier 2: Most serious felonies that are not clinically diagnosed as sexually violent, 20-year minimum
• Tier 3: Sexually violent offenses, multiple convictions, or life-term sentences, lifetime, though limited judicial relief is possible for certain juveniles or aging adults

Under Penal Code § 290.5(a), an individual in Tier 1 or Tier 2 may file a petition for termination after completing the mandated minimum period and after their birthday following July 1, 2021. The petition must be filed in the county where the person currently registers.

Key prerequisites include:

• No subsequent sex-crime convictions since the registrable offense
• No pending charges for another registerable crime
• Compliance with all registration duties during the waiting period
• Completion of any indeterminate prison or hospital commitment, parole, or probation

Petitions require three core documents:

• Judicial Council Form CR-415 (“Petition for Termination of Sex Offender Registration”)
• Proof of Current Registration (often a print-out from local law enforcement)
• Supporting Evidence: certificates of completion, polygraph results, therapy records, and character letters can all be persuasive

Once filed, the District Attorney and local law enforcement have 60 days to investigate and file a response. If the prosecution objects, the court must hold a contested hearing. In practice, Los Angeles County sets many hearings within 90 to 120 days of filing.

• Nature and gravity of the underlying offense
• Criminal and disciplinary history since conviction
• Compliance with treatment and registration requirements
• Input from the prosecuting agency and alleged victim(s)
• Any risk assessments provided by the Sex Offender Management Board

Courts have broad discretion: they may grant, deny, or order continued registration for an additional five-year increment before the registrant may petition again.

As a former Deputy District Attorney with over 14 years of prosecutorial experience, Michael Kraut understands the complexities surrounding sex crimes statute of limitations and how to effectively fight these types of cases on behalf of his clients. In many cases, Mr. Kraut’s early intervention has led to criminal charges being rejected or significantly reduced.

For more information about sex crimes and the statute of limitations, and to schedule your free consultation, contact Michael Kraut at the Kraut Law Group Criminal & DUI Lawyers, Inc. at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453 or through our online form.