MODEL PENAL CODE ANNOTATED
 

MODEL PENAL CODE

 
 Section 1.06. Time Limitations.

 (1) A prosecution for murder may be commenced at any time.

 (2) Except as otherwise provided in this Section, prosecutions for other offenses are subject to the following periods of limitation:

  (a) a prosecution for a felony of the first degree must be commenced within six years after it is committed;

  (b) a prosecution for any other felony must be commenced within three years after it is committed;

  (c) a prosecution for a misdemeanor must be commenced within two years after it is committed;

  (d) a prosecution for a petty misdemeanor or a violation must be commenced within six months after it is committed.

 (3) If the period prescribed in Subsection (2) has expired, a prosecution may nevertheless be commenced for:

  (a) any offense a material element of which is either fraud or a breach of fiduciary obligation within one year after discovery of the offense by an aggrieved party or by a person who has legal duty to represent an aggrieved party and who is himself not a party to the offense, but in no case shall this provision extend the period of limitation otherwise applicable by more than three years;  and

  (b) any offense based upon misconduct in office by a public officer or employee at any time when the defendant is in public office or employment or within two years thereafter, but in no case shall this provision extend the period of limitation otherwise applicable by more than three years.

 (4) An offense is committed either when every element occurs, or, if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the defendant's complicity therein is terminated.  Time starts to run on the day after the offense is committed.

 (5) A prosecution is commenced either when an indictment is found [or an information filed] or when a warrant or other process is issued, provided that such warrant or process is executed without unreasonable delay.

 (6) The period of limitation does not run:

  (a) during any time when the accused is continuously absent from the State or has no reasonably ascertainable place of abode or work within the State, but in no case shall this provision extend the period of limitation otherwise applicable by more than three years;  or

  (b) during any time when a prosecution against the accused for the same conduct is pending in this State.