Code of Alabama
Ala. Code § 15-3-1 (2026)
Felonies Generally.
✓ official Alabama Legislature (ALISON) text, current July 2026
Except as otherwise provided by law, the prosecution of all felonies, except those specified in Section 15-3-3, Section 15-3-5, or any other felony that has a specified limitations period, shall be commenced within five years after the commission of the offense.
(Code 1852, §403; Code 1867, §3951; Code 1876, §4643; Code 1886, §3710; Code 1896, §5070; Code 1907, §7346; Code 1923, §4930; Code 1940, T. 15, §221; Act 2014-348, p. 1293, §1.)
Notes of Decisions
Cited in 25
cases (1 in the last 5 years), 1980–2025 · leading case: Ex Parte Beverly, 497 So. 2d 519 (Ala. 1986).
Ex Parte Beverly, 497 So. 2d 519 (Ala. 1986). “The petitioner also contends that the prosecution for rape was barred by the three-year statute of limitations embodied in § 15-3-1, Code 1975. The Court of Criminal Appeals disagreed with the petitioner, stating: "Appellant contends that his prosecution for rape was barred by…”
Hawkins v. State, 549 So. 2d 552 (Ala. Crim. App. 1989). “At the time the incidents occurred, January 17 and 27 of 1982, the applicable statute of limitations was § 15-3-1, Code of Alabama 1975, which states: "The prosecution of all felonies, except those specified in sections 15-3-3 and 15-3-5, must be commenced within three years…”
Hunt v. Tucker, 875 F. Supp. 1487 (N.D. Ala. 1995). “nstruing the "direct personal financial gain" language of Alabama Code Section 36-25-5 (1975) so that the ethics violation was not complete until he spent the last of the funds from the First Federal Savings and Loan and the Cullman Savings and Loan accounts, the Alabama Supreme…”
Hulsey v. State, 196 So. 3d 342 (Ala. Crim. App. 2015). “Code 1975, occurred on April 28, 2009, and that the indictment for that charge was not returned until June 18, 2013, which, Hulsey argues, is “outside the applicable three (3) year statute of limitations” and “was thus time-barred by Ala.Code § 15-3-1.” (Hulsey’s brief, p. 15.”
Skinner v. State, 843 So. 2d 820 (Ala. Crim. App. 2002). “1996), Skinner argues that his prosecution was barred by the statute of limitations found in § 15-3-1, Ala.Code 1975, because the indictment remained on the inactive trial docket for over three yearsfrom March 5, 1997, until November 7, 2000.”
Ex Parte Rosborough III, 909 So. 2d 772 (Ala. 2004). “Rosborough presented only one argument to the Court of Criminal Appeals, namely, that his prosecution was barred by the three-year statute of limitations in § 15-3-1, Ala.Code 1975, because, while he obtained the principal from Nixon on April 18, 1995, he was not indicted until…”
Hunt v. State, 642 So. 2d 999 (Ala. Crim. App. 1994). “§ 15-3-1." Id. at 201. Thus, the state, as part of its burden of proof, was required to prove that the offense giving rise to the indictment in the instant case was committed on or after December 28, 1989.”
Robinson v. State, 428 So. 2d 148 (Ala. Crim. App. 1982). “Ala.Code 1975, § 15-3-1. Inasmuch as the indictment was returned on June 8, 1981, the period covered by the indictment related back to June 8, 1978.”
Clements v. State, 390 So. 2d 1131 (Ala. Crim. App. 1980). “Alabama Code Section 15-3-1 (1975). The defendant contends that since a felony murder was involved and prosecution for the underlying felony (robbery) is barred by the statute of limitations, the defendant cannot be prosecuted for felony *1134 murder.”
Ex Parte Campbell, 784 So. 2d 323 (Ala. 2000). “The challenge to the 1996 indictment pertinent to our review now was Campbell's motion to dismiss the charge of burglary in the third degree on the ground that the three-year statute of limitations for commencing prosecution of burglary in the third degree, § 15-3-1, barred the…”
Britain v. State, 533 So. 2d 684 (Ala. Crim. App. 1988). “1987), wherein the Court stated in an opinion by Presiding Judge Bowen: "The statute of limitations for theft is three years, § 15-3-1, Code of Alabama, (1975), unless the prosecution is `for conversion of the State .”
Pinkard v. State, 415 So. 2d 1220 (Ala. Crim. App. 1982). “The position was taken by defendant on the trial and continues to be pressed by appellant that the prosecution was barred by Code of Alabama 1975, § 15-3-1, which provides: "The prosecution of all felonies, except those specified in sections 15-3-3 and 15-3-5 [inapplicable as to…”
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