Law & Legal & Attorney Criminal Law & procedure

Illinois' Statute of Limitations on a Felony

    Legal Capacity

    • Circumstances under which the statute of limitations may be extended in Illinois include situations where the victim lacks legal capacity, any other occurrence within a year of discovery by the victim, or a person with the legal capacity to represent the victim, such as a parent or guardian.

    DNA

    • DNA evidence affects the statute of limitations. In Illinois, DNA eliminates the statute of limitations for a sex crime if the DNA information is entered into the database within 10 years of occurrence and the victim reported the crime within two years.

    Victim's Age

    • When the victim is under the age of 18, the statute of limitations is affected. Under Illinois' Abused and Neglected Child Reporting Act, prosecutors have 20 years after the victim turns 18 to file charges for criminal, aggravated, predatory criminal sexual assault.

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