Theft time limits by state
Theft is usually charged under the state’s general felony or misdemeanor limit, chosen by the value stolen: the same act can have a 1-year limit as petty theft and a 3-year or longer limit as grand theft. The table gives each state’s general periods and any theft-specific rule found in the statutes.
| State | Misdemeanor | Felony | Theft-specific rule |
|---|---|---|---|
| Alabama | 12 months | 5 years | Theft of property is a felony or misdemeanor depending on value (§§ 13A-8-3 to 13A-8-5): felony theft 5 years, misdemeanor theft 12 months.Ala. Code § 15-3-1 |
| Alaska | 5 years | 5 years for most offenses; 10 years for listed felony offenses against the person | Theft of $750 or more is a felony and less is a misdemeanor (AS 11.46.120-11.46.140), but both have the same 5-year limit (§ 12.10.010(b)(2)).Alaska Stat. § 12.10.010(b) |
| Arizona | 1 year (misdemeanor); 6 months (petty offense) | 7 years for class 2 through class 6 felonies | Theft under $1,000 is usually a class 1 misdemeanor (1 year); $1,000 or more is a felony (7 years); both run from discovery (§§ 13-1802(G), 13-107).A.R.S. § 13-107(B)(1) |
| Arkansas | 1 year | 6 years (Class Y and Class A felonies); 3 years (Class B, C, D and unclassified felonies) | Felony theft (Class B-D) has 3 years and misdemeanor theft 1 year; the class depends on the value under § 5-36-103.Ark. Code Ann. § 5-1-109 |
| California | 1 year | 3 years for most felonies; 6 years for felonies punishable by 8 years or more | Grand theft (over $950) can be a felony with a 3-year limit; petty theft is a misdemeanor with a 1-year limit; fraud-type theft under § 803(c) has 4 years from discovery (§§ 487, 801, 802, 801.5).Cal. Penal Code §§ 800, 801 |
| Colorado | 18 months (misdemeanor); 1 year (class 1-2 traffic misdemeanor); 6 months (petty offense) | 3 years | Theft, embezzlement and many fraud offenses run from discovery, not commission: 3 years for felony theft and 18 months for misdemeanor theft (§ 16-5-401(4.5)).Colo. Rev. Stat. § 16-5-401(1)(a) |
| Connecticut | 1 year | 5 years for offenses punishable by more than 1 year in prison | Larceny over $2,000 is a felony (5 years); larceny of $2,000 or less is a misdemeanor (1 year) (§§ 53a-124 to 53a-125b, 54-193).Conn. Gen. Stat. § 54-193(c) |
| Delaware | 3 years (class A misdemeanor); 2 years (class B, C or unclassified misdemeanor, or violation) | 5 years for felonies other than murder and class A felonies | Theft is a class A misdemeanor (3 years) unless the value is over $1,500 or the victim is 62+ or impaired, which makes it a felony (5 years) (§§ 841, 205).11 Del. C. § 205(b)(1) |
| District of Columbia | 3 years | 6 years for most felonies; 10 years for listed sex-trafficking, child-enticement and prostitution offenses | First-degree theft ($1,000 or more) is a felony with a 6-year limit; second-degree theft is a misdemeanor with a 3-year limit (§§ 22-3212, 23-113).D.C. Code § 23-113(a)(3)-(4) |
| Florida | 2 years (first-degree misdemeanor); 1 year (second-degree misdemeanor or noncriminal violation) | 4 years for first-degree felonies; 3 years for other felonies | Prosecutions under the theft statutes (§§ 812.012–812.037) may be commenced within 5 years after the offense (§ 812.035(10)).Fla. Stat. § 775.15(2)(a)-(b) |
| Georgia | 2 years | 4 years for most felonies (7 years if the victim was under 18); 7 years for crimes punishable by death or life imprisonment | No theft-specific period: felony theft follows the 4-year felony rule and misdemeanor theft the 2-year rule, tolled while the crime or offender is unknown (§ 17-3-2).O.C.G.A. § 17-3-1 |
| Hawaii | 2 years (misdemeanor); 1 year (petty misdemeanor or violation) | 3 years for most felonies; 6 years for class A felonies; 10 years for manslaughter not involving a vehicle | No theft-specific period: felony theft has 3 years (6 for class A), misdemeanor theft 2 years; theft by deception can be charged within 3 years after discovery, up to 6 extra years (§ 701-108(3)(a)).Haw. Rev. Stat. § 701-108(2) |
| Idaho | 1 year | 5 years | No theft-specific period: felony (grand) theft 5 years, misdemeanor (petit) theft 1 year (§§ 19-402, 19-403).Idaho Code § 19-402 |
| Illinois | 1 year and 6 months | 3 years for most felonies; 7 years for theft over $100,000, identity theft and financial exploitation of an elderly or disabled person | Theft is a felony or misdemeanor by value (3 years or 18 months); theft over $100,000 and theft by deception of a victim 60 or older have 7 years from the last act (§ 3-5(a-5)).720 ILCS 5/3-5(a-5), (b) |
| Indiana | 2 years | 5 years for Level 3 to Level 6 felonies | No theft-specific period: felony theft has 5 years and misdemeanor theft 2 years; forgery of a payment instrument runs 5 years from its maturity, and theft of public funds by an officeholder is tolled while in office (§ 35-41-4-2(f), (h)).Ind. Code § 35-41-4-2(a)(1) |
| Iowa | 3 years (aggravated and serious misdemeanors); 1 year (simple misdemeanors) | 3 years | No theft-specific period: felony and aggravated or serious misdemeanor theft have 3 years, simple misdemeanor theft 1 year; theft by fraud or breach of fiduciary duty can be extended by up to 5 years after discovery (§ 802.5).Iowa Code § 802.3 |
| Kansas | 5 years (same general rule as felonies) | 5 years for most crimes | No theft-specific period: the general 5-year rule applies, and time does not run while the fact of the crime is concealed (§ 21-5107(d)-(e)).K.S.A. § 21-5107(d) |
| Kentucky | 1 year (misdemeanor sex offenses against minors: 10 years after the victim turns 18) | No time limit | Theft under $1,000 is a misdemeanor (1-year limit); theft of $1,000 or more, or of a firearm, is a felony with no limit (KRS 514.030).KRS 500.050(1) |
| Louisiana | 2 years; 6 months if punishable only by a fine or forfeiture | 6 years for felonies necessarily punishable by hard labor; 4 years for other felonies | Theft follows the general rules: 2 years for misdemeanor theft, 4 years for felony theft, or 6 years where hard labor is mandatory (La. C.Cr.P. art. 572).La. C.Cr.P. art. 572(A)(1)-(2) |
| Maine | 3 years for Class D and Class E crimes | 6 years for Class A, B and C crimes (Maine's felony-level classes) | Theft is Class E (up to $500), D (over $500), C (over $1,000) or B (over $10,000) under 17-A M.R.S. § 353, so the limit is 3 years for Class D/E theft and 6 years for Class B/C theft.17-A M.R.S. § 8(2) |
| Maryland | 1 year, with many offense-specific exceptions (e.g., 2-5 years for listed offenses; no limit for misdemeanors punishable by penitentiary confinement) | No general time limit for felonies | Theft under $1,500 is a misdemeanor that must be prosecuted within 2 years; theft of $1,500 or more is a felony with no time limit (Crim. Law § 7-104(g), (i)).Md. Code, Cts. & Jud. Proc. § 5-106 |
| Massachusetts | 6 years | 6 years for most crimes; 10 or 15 years for listed serious offenses | No theft-specific period: larceny and related property crimes fall under the 6-year general rule (c. 277, § 63).M.G.L. c. 277, § 63 |
| Michigan | 6 years | 6 years for most offenses; 10 years for kidnapping, extortion, attempted murder, manslaughter, armed robbery and first-degree home invasion | No theft-specific period: the 6-year general rule applies; identity theft has 6 years (no limit while the offender is unidentified) and real property false pretenses or mortgage fraud 10 years (§ 767.24(7), (9)).MCL 767.24(6), (10) |
| Minnesota | 3 years (same general period applies) | 3 years for most crimes, with longer periods for listed offenses (e.g., 5 years for some thefts over $35,000 and arson-related offenses, 10 years for first-degree arson) | Theft follows the 3-year general rule; certain thefts over $35,000 have 5 years, and theft by swindle has 7 years for crimes on or after Aug. 1, 2026 (§ 628.26(g), (i)).Minn. Stat. § 628.26(m) |
| Mississippi | 2 years | 2 years for felonies not listed in § 99-1-5; 5 years for bribery and felony assistance-program fraud; 6 years for timber larceny | Larceny, embezzlement and obtaining property by false pretenses or fraud can be prosecuted at any time in Mississippi (§ 99-1-5(1)(a)); timber larceny has 6 years.Miss. Code Ann. § 99-1-5(1)(b), (c), (e), (2) |
| Missouri | 1 year (infractions: 6 months) | 3 years for most felonies; 5 years for class B felony arson (§ 569.040) and for §§ 569.050, 569.055 | No theft-specific period: felony stealing 3 years, misdemeanor 1 year; where fraud or breach of fiduciary duty is an element, 1 extra year after discovery (extension capped at 3 years) (§ 556.036.3).Mo. Rev. Stat. § 556.036.2 |
| Montana | 1 year (3 years for fish and wildlife and outfitter/guide misdemeanors) | 5 years; 10 years for felony sexual intercourse without consent and certain other sex offenses (adult victims) | Theft may be charged within 5 years, and after that at any time while the offender still controls the property (within 1 year after police learn of it); theft by breach of fiduciary duty gets 1 extra year after discovery (§ 45-1-205(3), (7)(b)).Mont. Code Ann. § 45-1-205(1)(b), (2)(a) |
| Nebraska | 1 year 6 months; 1 year for offenses punishable by no more than a $100 fine and 3 months in jail | 3 years for most felonies; 5 years for identity theft, identity fraud and securities fraud; 6 years for abuse of a vulnerable or senior adult | No theft-specific period: 3 years for felony theft, 1½ years for misdemeanor theft; identity theft and identity fraud 5 years (§ 29-110(7)).Neb. Rev. Stat. § 29-110(1), (6)-(9) |
| Nevada | 2 years (gross misdemeanor); 1 year (other misdemeanors) | 3 years for most felonies; 4 years for theft, robbery, burglary, forgery and arson; 6 years for sex trafficking; 20 years for sexual assault | Felony theft, robbery and burglary: 4 years (§ 171.085(1)); misdemeanor theft: 1 year; theft done in a secret manner runs from discovery.Nev. Rev. Stat. § 171.085 |
| New Hampshire | 1 year (violations: 3 months) | 6 years (class A and class B felonies) | Felony theft 6 years, misdemeanor theft 1 year; theft of property first lawfully held (embezzlement) gets 1 extra year after discovery (§ 625:8, III(a)).N.H. Rev. Stat. Ann. § 625:8, I |
| New Jersey | 1 year (disorderly persons and petty disorderly persons offenses) | 5 years for crimes (indictable offenses); 7 years for certain official misconduct, bribery and related offenses | No theft-specific period: theft graded as a crime 5 years; disorderly persons theft 1 year (§ 2C:1-6(b)).N.J. Stat. Ann. § 2C:1-6(b)(1), (b)(3) |
| New Mexico | 2 years (misdemeanor); 1 year (petty misdemeanor) | 6 years for second-degree felonies; 5 years for third- and fourth-degree felonies | No theft-specific period: follows the felony degree (5 or 6 years) or 2 years for misdemeanor theft; identity theft 5 years from discovery (§ 30-1-8(F)).N.M. Stat. Ann. § 30-1-8(A) |
| New York | 2 years (petty offenses: 1 year) | 5 years for most felonies | Felony larceny 5 years, misdemeanor 2 years; larceny by a fiduciary may be charged within 1 year after discovery (§ 30.10(3)(a)).N.Y. Crim. Proc. Law § 30.10(2)(b) |
| North Carolina | 2 years for most misdemeanors; 10 years for listed child-abuse and sexual battery misdemeanors; no limit for malicious misdemeanors | No time limit. North Carolina has no general statute of limitations for felonies. | Felony larceny has no time limit; misdemeanor larceny must be charged within 2 years (§ 15-1(a)).N.C. Gen. Stat. § 15-1 (applies only to misdemeanors) |
| North Dakota | 2 years for misdemeanors and infractions | 3 years for most felonies; 7 years for felony sex offenses (chapter 12.1-20) and human trafficking | Theft (chapter 12.1-23): 3 years for felonies and 2 years for misdemeanors, measured from the later of the last act, discovery of the stolen property, or discovery of the loss (§§ 29-04-02, 29-04-03).N.D. Cent. Code §§ 29-04-02, 29-04-02.1 |
| Ohio | 2 years; 6 months for a minor misdemeanor | 6 years for most felonies; 20 years for listed serious felonies (e.g. voluntary manslaughter, kidnapping, robbery, aggravated burglary); 25 years for rape and sexual battery | Theft follows the general 6-year felony / 2-year misdemeanor periods; if an element is fraud or breach of fiduciary duty, prosecution may start within 1 year after discovery even if the period has run (§ 2901.13(B)).Ohio Rev. Code § 2901.13(A) |
| Oklahoma | 3 years (same default as felonies) | 3 years for most offenses; longer periods for listed crimes (e.g. 7 years for arson and felonies using a deadly weapon; 10 years after discovery for manslaughter) | Most theft is 3 years; embezzlement and identity theft are 5 years after discovery; bogus checks 5 years; criminal fraud 3 years after discovery but no more than 7 years (§ 152(A), (E), (F)).Okla. Stat. tit. 22, §§ 151(B), 152 |
| Oregon | 2 years for most misdemeanors; 4 years for listed sexual misdemeanors and misdemeanor strangulation | 3 years for most felonies; 6 years for arson; longer periods for listed sex crimes | Felony theft 3 years and misdemeanor theft 2 years; first-degree theft and aggravated theft against a victim 65 or older: 6 years; fraud-based offenses may be charged within 1 year after discovery, extending the period by no more than 3 years (§ 131.125(7), (9)(a)).Or. Rev. Stat. § 131.125(6), (8)(a) |
| Pennsylvania | 2 years unless a longer period applies to the specific offense | 2 years by default; 5 years for listed "major offenses" (e.g. aggravated assault, burglary, robbery, theft, forgery, arson, kidnapping); 12 years for major sexual offenses | Theft offenses (18 Pa.C.S. §§ 3921–3933) are major offenses with a 5-year limit; if fraud or breach of fiduciary duty is an element, prosecution may start within 1 year after discovery, extending the period by no more than 3 years (§ 5552(b)(1), (c)(1)).42 Pa.C.S. § 5552(a), (b), (b.1) |
| Rhode Island | 3 years | 3 years unless the offense is listed; 10 years for felony larceny, embezzlement, bribery, perjury, extortion, racketeering and listed fraud crimes; no limit for listed serious felonies | Felony larceny, embezzlement, false pretenses and receiving stolen goods: 10 years; misdemeanor larceny: 3 years (§ 12-12-17(b), (c)).R.I. Gen. Laws § 12-12-17(a)-(c) |
| South Carolina | No time limit for most misdemeanors (no general statute of limitations) | No time limit. South Carolina has no general statute of limitations for felonies. | No general time limit applies to larceny or other theft prosecutions.No general criminal limitation statute in the S.C. Code |
| South Dakota | 7 years | 7 years for Class 1–6 felonies; no limit for Class A, B and C felonies | Theft and forgery: 7 years from discovery of the crime, not from commission (§ 23A-42-3).SDCL §§ 23A-42-1, 23A-42-2 |
| Tennessee | 12 months (gaming: 6 months) | 15 years (Class A), 8 years (Class B), 4 years (Class C or D), 2 years (Class E) | No theft-specific period: theft is graded by value from a misdemeanor (12 months) to a Class A felony (15 years), and the felony class sets the limit (§§ 40-2-101(b), 40-2-102).Tenn. Code Ann. § 40-2-101(b) |
| Texas | 2 years; 3 years for misdemeanor assault against a family, household or dating partner | 3 years for felonies not otherwise listed; 5, 7, 10 or 20 years (or no limit) for listed offenses | Felony theft and robbery: 5 years; theft by an executor, guardian or trustee, theft of government property by a public servant, and real property theft (new in 2025): 10 years.Tex. Code Crim. Proc. art. 12.01 |
| Utah | 2 years (misdemeanor); 1 year (infraction) | 4 years | No special theft rule: felony theft 4 years, misdemeanor theft 2 years.Utah Code § 76-1-302(1)(a) |
| Vermont | 3 years | 3 years for most felonies; 6 years for grand larceny, robbery, burglary, embezzlement, forgery, bribery and felony tax offenses; 11 years for arson and first-degree aggravated domestic assault | Grand larceny and embezzlement: 6 years; petit larceny (a misdemeanor): 3 years (§ 4501(b), (e)).13 V.S.A. § 4501(b), (d), (e) |
| Virginia | 1 year (petit larceny: 5 years) | No limit | Grand larceny (felony): no limit. Petit larceny (misdemeanor): 5 years.Va. Code § 19.2-8 |
| Washington | 2 years (gross misdemeanor); 1 year (misdemeanor) | 3 years for felonies not otherwise listed; 5, 6, 10 or 20 years (or no limit) for listed offenses | Felony theft: 3 years, but first- or second-degree theft by deception and theft from a vulnerable adult: 6 years from commission or discovery, whichever is later.RCW 9A.04.080(1)(j) |
| West Virginia | 1 year (perjury: 3 years) | No limit | Felony theft (grand larceny) can be charged at any time; misdemeanor petit larceny within 1 year.W. Va. Code § 61-11-9 |
| Wisconsin | 3 years | 6 years | Felony theft 6 years, misdemeanor theft 3 years; if the property was first held lawfully and later misappropriated, 1 year after discovery of the loss, but no more than 5 years beyond the normal limit.Wis. Stat. § 939.74(1) |
| Wyoming | No limit | No limit | Theft of any amount can be prosecuted at any time.No Wyoming statute sets a criminal limitation period |
Misdemeanor vs. felony theft
The dividing line is the value of the property, set by each state (for example $950 in California, $2,500 in Texas for a state jail felony, $750 in Florida for grand theft). In California, petty theft is a misdemeanor with a 1-year limit, while grand theft can be a felony with a 3-year limit.[2] In Florida, theft prosecutions under the theft chapter may be started within 5 years.[3]
Fraud, embezzlement and breach of trust
Thefts that are hidden by their nature get longer or later-starting periods in many states. California allows 4 years after discovery for theft or fraud involving a breach of fiduciary duty,[2] and Texas extended fraud offenses under its Penal Code chapter 32 to 7 years from September 1, 2025.[4]
What stops the clock
The clock stops when charges are filed (an indictment, information or complaint, depending on the state). It is usually paused while the suspect is out of the state or has no known residence, often with a cap on how long the absence can extend it. Federal theft offenses must be charged within 5 years unless a specific statute says otherwise.[1] New York and Georgia show how the periods differ: New York gives 5 years for felonies and 2 years for misdemeanors,[5] while Georgia uses 4 years for most felonies.[6]
Civil claims for stolen property
A victim can also sue for the property’s value (conversion), which follows the civil property-damage or conversion period, often 2 to 6 years. See the statute of limitations by state table, and for a small amount, the small claims limit by state. Related criminal pages: what crimes have no statute of limitations and is there a statute of limitations on murder; for the civil side of a scam, see the fraud statute of limitations.
Frequently asked questions
What is the statute of limitations for theft?
Usually 1 to 2 years for misdemeanor (petty) theft and 3 to 6 years for felony theft, depending on the state; federal theft offenses have 5 years.
Is there a statute of limitations for felony theft?
Yes in most states, typically 3 to 6 years. A few states have no general felony limit, so felony theft can be charged at any time there.
When does the statute of limitations start for embezzlement?
Often from discovery rather than from the taking, because embezzlement is hidden. California, for example, allows 4 years after discovery for theft involving a breach of fiduciary duty.
Sources
- 18 U.S.C. § 3282: offenses not capital (five years)
- Cal. Penal Code §§ 800, 801: criminal limitation periods
- Fla. Stat. § 775.15(2)(a)-(b): criminal limitation periods
- Tex. Code Crim. Proc. art. 12.01: criminal limitation periods
- N.Y. Crim. Proc. Law § 30.10(2)(b): criminal limitation periods
- O.C.G.A. § 17-3-1: criminal limitation periods