13-107. Time limitations
A. A prosecution for any homicide, any offense that is listed in chapter 14 or 35.1
of this title and that is a class 2 felony, any violent sexual assault pursuant to
section 13-1423, any violation of section 13-2308.01, any misuse of public monies or a
felony involving falsification of public records or any attempt to commit an offense
listed in this subsection may be commenced at any time.
B. Except as otherwise provided in this section, prosecutions for other offenses
must be commenced within the following periods after actual discovery by the state or the
political subdivision having jurisdiction of the offense or discovery by the state or the
political subdivision that should have occurred with the exercise of reasonable
diligence, whichever first occurs:
1. For a class 2 through a class 6 felony, seven years.
2. For a misdemeanor, one year.
3. For a petty offense, six months.
C. For the purposes of subsection B of this section, a prosecution is commenced
when an indictment, information or complaint is filed.
D. The period of limitation does not run during any time when the accused is absent
from the state or has no reasonably ascertainable place of abode within the state.
E. The period of limitation does not run for a serious offense as defined in
section 13-706 during any time when the identity of the person who commits the offense or
offenses is unknown.
F. The time limitation within which a prosecution of a class 6 felony shall
commence shall be determined pursuant to subsection B, paragraph 1 of this section,
irrespective of whether a court enters a judgment of conviction for or a prosecuting
attorney designates the offense as a misdemeanor.
G. If a complaint, indictment or information filed before the period of limitation
has expired is dismissed for any reason, a new prosecution may be commenced within six
months after the dismissal becomes final even if the period of limitation has expired at
the time of the dismissal or will expire within six months of the dismissal.
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