Delaware Statutes of Limitations (2026)
A statute of limitations is the deadline by which prosecutors must file criminal charges. After this time period passes, the defendant generally cannot be charged. Here are the statutes of limitations for major crimes in Delaware.
Delaware Criminal Statutes of Limitations
| Crime Type | Time Limit |
|---|---|
| Murder / Homicide | None |
| Rape / Sexual Assault | None |
| Felony (General) | 5 years |
| Misdemeanor | 2 years |
| Fraud / Financial Crimes | 5 years |
| Theft / Larceny | 5 years |
| DUI / DWI | 2 years |
| Assault / Battery | 5 years |
Delaware Class A felonies have extended or no SOL
When Can a Statute of Limitations Be Extended in Delaware?
Delaware, like most states, allows for tolling (pausing) the statute of limitations clock in specific circumstances:
- Defendant is absent from the state — the clock may pause if the defendant flees or moves out of Delaware
- DNA evidence — many states have extended or eliminated SOLs when DNA evidence is later discovered
- Victim was a minor — childhood sexual abuse cases often have extended SOLs, with the clock starting when the victim turns 18
- Fraud concealment — if a crime was deliberately concealed, the SOL may not start until the crime is discovered
- Defendant incompetence — if the defendant was declared incompetent
Crimes With No Statute of Limitations in Delaware
The following crimes in Delaware can be prosecuted at any time, no matter how long ago they occurred:
- Murder and first-degree homicide
- Rape and sexual assault
- Terrorism-related offenses
Delaware Civil vs. Criminal Statutes of Limitations
It is important to distinguish between criminal statutes of limitations (how long the government has to prosecute you) and civil statutes of limitations (how long an individual has to sue you). The information above relates to criminal statutes only. Civil SOLs in Delaware vary by the type of claim (personal injury, contract disputes, property damage, etc.) and are governed by separate statutes.