Double your impact! Your donation today will be matched by a fellow supporter! Donate now. donate.rainn.org

Statutes of Limitations

Jump to:

  • Sexual Offense Statutes
  • Time Limitation for Prosecution>
  • DNA Exception

Sexual Offense Statutes

Mich. Comp. Laws § 750.145a Accosting, enticing or soliciting child for immoral purposes

  • Felony punishable by imprisonment for not more than 4 years or a fine of no more than $4,000, or both.

Mich. Comp. Laws § 750.145b Accosting, enticing or soliciting child for immoral purposes; second or subsequent offenses

  • Felony punishable by imprisonment for not more than 10 years or a fine of not more than $10,000, or both.

Mich. Comp. Laws § 750.145c Child sexually abusive activity or material; offenses; penalties; application of section; affirmative defense; expert testimony; reporting by commercial film or photographic print processors; availability of evidence to defendant; local ordinances

  1. Person who persuades, induces, entices, coerces, causes or knowingly allows a child to engage in a child sexually abusive activity for the purpose of producing any child sexually abusive material, or a person who arranges for, produces, makes, copies, reproduces or finances, or a person who attempts or prepares or conspires to arrange for, produce, make, copy, reproduce or finance any child sexually abusive activity or child sexually abusive material for personal, distributional or other purposes is guilty of a felony, punishable by imprisonment for not more than 20 years, or a fine of not more than $100,000, or both,
  2. Person who distributes or promotes or finances the distribution or promotion of, or receives for the purpose of distributing or promoting, or conspires, attempts or prepares to distribute, receive, finance or promote any child sexually abusive material or child sexually abusive activity is guilty of a felony, punishable by imprisonment for not more than7 years, or a fine of not more than $50,000 or both,
  3. Person who knowingly possesses or knowingly seeks and accesses any child sexually abusive material is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $10,000, or both, in each case, if that person knows, or has reason to know, or should reasonably be expected to know that the child is a child or that the child sexually abusive material induces a child or that the depiction constituting the child sexually abusive material appears to include a child, or that person has not taken reasonable precautions to determine the age of the child.

Mich. Comp. Laws § 750.158 Crime against nature or sodomy; penalty

  • Felony punishable by imprisonment in the state prison for not more than 15 years, or if such person was at the time of the said offense a sexually delinquent person, may be punishable by imprisonment in the state prison for an indeterminate term, the minimum of which shall be 1 day and the maximum of which shall be life

Mich. Comp. Laws § 750.335 a Indecent exposure

  • Misdemeanor punishable by imprisonment for not more than 1 year, or a fine of not more than $1,000, or both
  • If the person was fondling himself or herself during the act, guilty of a misdemeanor punishable by imprisonment for not more than 2 years, or a fine of not more than $2,000, or both
  • If the person was at the time of the violation a sexually delinquent person, punishable by imprisonment for an indeterminate term, the minimum of which is 1 day and the maximum of which is life

Mich. Comp. Laws § 750.338 Gross indecency; between male persons

  • Felony punishable by imprisonment in the state prison for not more than 5 years, or by a fine of not more than $2,500, or if such person was at the time of the said offense a sexually delinquent person, punishable by imprisonment in the state prison for an indeterminate term, the minimum of which shall be 1 day and the maximum of which shall be life

Mich. Comp. Laws § 750.338a Gross indecency; female persons

  • Felony punishable by imprisonment in the state prison for not more than 5 years, or by a fine of not more than $2,500, or if such person was at the time of the said offense a sexually delinquent person, punishable by imprisonment in the state prison for an indeterminate term, the minimum of which shall be 1 day and the maximum of which shall be life

Mich. Comp. Laws § 750.338b Gross indecency; between male and female persons

  • Felony punishable by imprisonment in the state prison for not more than 5 years, or by a fine of not more than $2,500, or if such person was at the time of the said offense a sexually delinquent person, punishable by imprisonment in the state prison for an indeterminate term, the minimum of which shall be 1 day and the maximum of which shall be life

Mich. Comp. Laws § 750.520b Criminal sexual conduct, first degree

  • Felony punishable as follows:
    • (a) Except as provided in subdivisions (b) and (c), by imprisonment for life or for any term of years
    • (b) If committed by an individual 17 years of age or older against an individual less than 13 years of age, by imprisonment for life or any term of years, but not less than 25 years
    • (c) If committed by an individual 17 years of age or older against an individual less than 13 years of age, by imprisonment for life without the possibility of parole if the person was previously convicted of a violation of this section or certain similar sections
    • (d) In addition to any other penalty imposed under subdivision (a) or (b), the court shall sentence the defendant to lifetime electronic monitoring
  • Graham v. Florida, 130 S.Ct. 2011, 2014 (U.S. May 17, 2010), validity called into doubt with respect to juvenile offenders sentenced to life without the possibility of parole as the Supreme Court held that the Eighth Amendment prohibits imposition of life without parole sentence on juvenile offender who did not commit homicide, and that the State must give juvenile non-homicide offender sentenced to life without parole meaningful opportunity to obtain release

Mich. Comp. Laws § 750.520c Criminal sexual conduct, second degree

  • Felony punishable as follows:
    • (a) Imprisonment for not more than 15 years
    • (b) In addition to the penalty specified in subdivision (a), the court shall sentence the defendant to lifetime electronic monitoring if the violation involved sexual contact committed by an individual 17 years of age or older against an individual less than 13 years of age

Mich. Comp. Laws § 750.520d Criminal sexual conduct, third degree

  • Felony punishable by imprisonment for not more than 15 years
  • Certain 2013 legislation is pending that would amend this section, but penalty is not affected by proposed amendment

Mich. Comp. Laws § 750.520e Criminal sexual conduct, fourth degree

  • Misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $500, or both
  • Certain 2013 legislation is pending that would amend this section, but penalty is not affected by proposed amendment

Mich. Comp. Laws § 750.520f Sentencing for second or subsequent offenses under §§ 750.520b, 750.520c or 750.520d

  • If a person is convicted of a second or subsequent offense under section 520b, 520c or 520d, the sentence imposed under those sections for the second or subsequent offense shall provide for a mandatory minimum sentence of at least 5 years

Mich. Comp. Laws § 750.520g Assault with intent to commit criminal sexual conduct

  • If the assault involves sexual penetration, shall be a felony punishable by imprisonment for not more than 10 years
  • Second degree offense shall be a felony punishable by imprisonment for not more than 5 years

 

STATUTE OF LIMITATIONS

Mich. Comp. Laws § 767.24 Time limitations for finding and filing indictments; extension and tolling

  • (1) No limit for criminal sexual conduct in the first degree (§ 750.520b)
  • (2) (a) For the following offenses, within 10 years after commission of the offense, or by the alleged victim’s twenty-first birthday, whichever occurs later:
    • Criminal sexual conduct in the second degree (§ 750.520c);
    • Criminal sexual conduct in the third degree (§ 750.520d);
    • Criminal sexual conduct in the fourth degree (§ 750.520e);
    • Assault with intent to commit criminal sexual conduct (§ 750.520g).
  • (6) For any other offense, within 6 years after commission of the offense
  • (7) Any period during which the party charged did not usually and publicly reside within this state is not part of the time within which the respective indictments may be found and filed

    People v. Russo (1990) 463 N.W.2d 138, 185 Mich.App. 422—When statutory amendment extends statute of limitations applicable to criminal cases, extension applies to offenses not barred at time amendment was passed, and thus, prosecution may be commenced at any time within newly established period
  • People v. Budnick (1992) 494 N.W.2d 778, 197 Mich.App. 21—Statute tolling limitations period while defendant is not Michigan resident did not apply to portion of special limitation period for sexual offense involving children requiring charges to be filed by victim’s 21st birthday

 

DNA EXCEPTION

Mich. Comp. Laws § 767.24 Indictments; limitations

  • (2) (b) If evidence of the violation is obtained and that evidence contains DNA from an unidentified individual, an indictment against that individual for the violation may be found and filed at any time after the offense is committed; however after the individual is identified, the indictment may be found and filed within 10 years after the individual is identified or by the alleged victim’s twenty-first birthday, whichever occurs later
 
 
Legal Disclaimer
For reprint permission, please contact RAINN's Policy Manager, Rebecca O'Connor, at policy@rainn.org. Last updated: February 2014.
RAINN (Rape Abuse and Incest National Network) provides general information that is intended, but not guaranteed, to be correct and up-to-date. The information is not presented as a source of legal advice. You should not rely, for legal advice, on statements or representations made by RAINN. If you need legal advice upon which you intend to rely in the course of your legal affairs, consult a competent, independent attorney. RAINN does not assume any responsibility for actions or non-actions taken by people who have used this information, and no one shall be entitled to a claim for detrimental reliance on any information provided or expressed. RAINN does not endorse, guarantee or warranty the accuracy, reliability or thoroughness of any referenced information, product or service.

National Sexual Assault Hotline | 1.800.656.HOPE(4673) | Free. Confidential. 24/7.

© RAINN 2009 | 1220 L Street NW, Suite 505, Washington, DC 20005 | 202-544-1034 | info@rainn.org
1.800.656.HOPE(4673) | CFC#10488 | Privacy Policy | Federal Funding Disclaimer