Washington statute
RCW 9A.04.080 — Limitation of actions
Current through 2026 Regular Session
Part of Chapter 9A.04: Preliminary Article, Revised Code of Washington.
Full text of RCW 9A.04.080
Statutory text current through the 2026 Regular Session. This publication reproduces the official text of the Revised Code of Washington from the Code Reviser's published files; it is not the official statutes of the State of Washington.
(1) Prosecutions for criminal offenses shall not be commenced after the periods prescribed in this section.
(a) The following offenses may be prosecuted at any time after their commission:
(i) Murder;
(ii) Homicide by abuse;
(iii) Arson if a death results;
(iv) Vehicular homicide;
(v) Vehicular assault if a death results;
(vi) Hit-and-run injury-accident if a death results (RCW 46.52.020(4));
(vii) Rape in the first degree (RCW 9A.44.040) if the victim is under the age of sixteen;
(viii) Rape in the second degree (RCW 9A.44.050) if the victim is under the age of sixteen;
(ix) Rape of a child in the first degree (RCW 9A.44.073);
(x) Rape of a child in the second degree (RCW 9A.44.076);
(xi) Rape of a child in the third degree (RCW 9A.44.079);
(xii) Sexual misconduct with a minor in the first degree (RCW 9A.44.093);
(xiii) Custodial sexual misconduct in the first degree (RCW 9A.44.160);
(xiv) Child molestation in the first degree (RCW 9A.44.083);
(xv) Child molestation in the second degree (RCW 9A.44.086);
(xvi) Child molestation in the third degree (RCW 9A.44.089);
(xvii) Sexual exploitation of a minor (RCW 9.68A.040);
(xviii) Rape in the first degree (RCW 9A.44.040) if the perpetrator is a first responder as defined in RCW 70.54.430 and if the first responder used the first responder's position to facilitate the commission of the offense;
(xix) Rape in the second degree (RCW 9A.44.050) if the perpetrator is a first responder as defined in RCW 70.54.430 and if the first responder used the first responder's position to facilitate the commission of the offense;
(xx) Rape in the third degree (RCW 9A.44.060) if the perpetrator is a first responder as defined in RCW 70.54.430 and if the first responder used the first responder's position to facilitate the commission of the offense;
(xxi) Trafficking (RCW 9A.40.100) if the victim is under the age of 18;
(xxii) Commercial sexual abuse of a minor (RCW 9.68A.100);
(xxiii) Promoting commercial sexual abuse of a minor (RCW 9.68A.101);
(xxiv) Promoting travel for commercial sexual abuse of a minor (RCW 9.68A.102); and
(xxv) Permitting commercial sexual abuse of a minor (RCW 9.68A.103).
(b) Except as provided in (a) of this subsection, the following offenses may not be prosecuted more than 20 years after its commission:
(i) Rape in the first degree (RCW 9A.44.040);
(ii) Rape in the second degree (RCW 9A.44.050); or
(iii) Indecent liberties (RCW 9A.44.100).
(c) The following offenses may not be prosecuted more than 10 years after its commission:
(i) Any felony committed by a public officer if the commission is in connection with the duties of his or her office or constitutes a breach of his or her public duty or a violation of the oath of office;
(ii) Arson if no death results;
(iii) Rape in the third degree (RCW 9A.44.060);
(iv) Attempted murder;
(v) Trafficking under RCW 9A.40.100;
(vi) Dealing in depictions of a minor engaged in sexually explicit conduct in the first degree (RCW 9.68A.050(1));
(vii) Dealing in depictions of a minor engaged in sexually explicit conduct in the second degree (RCW 9.68A.050(2));
(viii) Possession of depictions of a minor engaged in sexually explicit conduct in the first degree (RCW 9.68A.070(1));
(ix) Possession of depictions of a minor engaged in sexually explicit conduct in the second degree (RCW 9.68A.070(2));
(x) Sending or bringing into the state depictions of a minor engaged in sexually explicit conduct in the first degree (RCW 9.68A.060(1));
(xi) Sending or bringing into the state depictions of a minor engaged in sexually explicit conduct in the second degree (RCW 9.68A.060(2));
(xii) Viewing depictions of a minor engaged in sexually explicit conduct in the first degree (RCW 9.68A.075(1)); or
(xiii) Viewing depictions of a minor engaged in sexually explicit conduct in the second degree (RCW 9.68A.075(2)).
(d) A violation of this offense listed in this subsection (1)(d) may be prosecuted up to 10 years after its commission or, if committed against a victim under the age of 18, up to the victim's 30th birthday, whichever is later: RCW 9A.64.020 (incest).
(e) A violation of RCW 9A.36.170 may be prosecuted up to 10 years after its commission, or if committed against a victim under the age of 18, up to the victim's 28th birthday, whichever is later.
(f) The following offenses may not be prosecuted more than six years after its commission or discovery, whichever occurs later:
(i) Violations of RCW 9A.82.060 or 9A.82.080;
(ii) Any felony violation of chapter 9A.83 RCW;
(iii) Any felony violation of chapter 9.35 RCW;
(iv) Theft in the first or second degree under chapter 9A.56 RCW when accomplished by color or aid of deception;
(v) Theft from a vulnerable adult under RCW 9A.56.400;
(vi) Trafficking in stolen property in the first or second degree under chapter 9A.82 RCW in which the stolen property is a motor vehicle or major component part of a motor vehicle as defined in RCW 46.80.010; or
(vii) Violations of RCW 82.32.290 (2)(a)(iii) or (4).
(g) The following offenses may not be prosecuted more than five years after its commission: Any class C felony under chapter 74.09, 82.36, or 82.38 RCW.
(h) Bigamy may not be prosecuted more than three years after the time specified in RCW 9A.64.010.
(i) A violation of RCW 9A.56.030 may not be prosecuted more than three years after the discovery of the offense when the victim is a tax exempt corporation under 26 U.S.C. Sec. 501(c)(3).
(j) No other felony may be prosecuted more than three years after its commission; except that in a prosecution under RCW 9A.44.115, if the person who was viewed, photographed, or filmed did not realize at the time that he or she was being viewed, photographed, or filmed, the prosecution must be commenced within two years of the time the person who was viewed or in the photograph or film first learns that he or she was viewed, photographed, or filmed.
(k) No gross misdemeanor, except as provided under (e) of this subsection, may be prosecuted more than two years after its commission.
(l) No misdemeanor may be prosecuted more than one year after its commission.
(2) The periods of limitation prescribed in subsection (1) of this section do not run during any time when the person charged is not usually and publicly resident within this state.
(3) In any prosecution for a sex offense as defined in RCW 9.94A.030, the periods of limitation prescribed in subsection (1) of this section run from the date of commission or four years from the date on which the identity of the suspect is conclusively established by deoxyribonucleic acid testing or by photograph as defined in RCW 9.68A.011, whichever is later.
(4) If, before the end of a period of limitation prescribed in subsection (1) of this section, an indictment has been found or a complaint or an information has been filed, and the indictment, complaint, or information is set aside, then the period of limitation is extended by a period equal to the length of time from the finding or filing to the setting aside.
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