Del. C. » Title 11 — Delaware Criminal Code · CHAPTER 2. General Provisions Concerning Offenses · Crimes and Criminal Procedure
Delaware Code

11 Del. C. § 205 (2026)

Time limitations

✓ current as of May 2026
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(a) A prosecution for murder or any class A felony, or any attempt to commit said crimes, may be commenced at any time.

(b) Except as otherwise provided in this section, prosecutions for other offenses are subject to the following periods of limitation:

(1) A prosecution for any felony except murder or any class A felony, or any attempt to commit said crimes, must be commenced within 5 years after it is committed;

(2) A prosecution for a class A misdemeanor must be commenced within 3 years after it is committed;

(3) A prosecution for a class B misdemeanor, a class C misdemeanor, an unclassified misdemeanor or a violation must be commenced within 2 years after it is committed.

(c) If the period prescribed by subsection (b) of this section has expired, a prosecution for any offense in which the accused’s acts include or constitute forgery, fraud, breach of fiduciary duty or actively concealed theft or misapplication of property by an employee, pledgee, bailee or fiduciary may be commenced within 2 years after discovery of the offense has been made or should have been made in the exercise of ordinary diligence by an aggrieved party or by an authorized agent, fiduciary, guardian, personal representative or parent (in the case of an infant) of an aggrieved party who is not a party to the offense. In no case shall this provision extend the period of limitation otherwise applicable by more than an additional 3 years beyond the period specified in subsection (b) of this section.

(d) If the period prescribed by subsection (b) of this section has expired, a prosecution for any offense based upon misconduct in office by a public officer or employee may be commenced at any time when the defendant is in public office or employment or within 2 years thereafter. In no case shall this provision extend the period of limitation otherwise applicable by more than an additional 3 years beyond the period specified in subsection (b) of this section.

(e) Notwithstanding the period prescribed by subsection (b) of this section, a prosecution for any crime that is delineated in § 787 of this title and in which the victim is a minor, subpart D of subchapter II of Chapter 5 of this title, or is otherwise defined as a “sexual offense” by § 761 of this title except § 763, § 764 or § 765 of this title, or any attempt to commit said crimes, may be commenced at any time. No prosecution under this subsection shall be based upon the memory of the victim that has been recovered through psychotherapy unless there is some evidence of the corpus delicti independent of such repressed memory. This subsection applies to all causes of action arising before, on or after July 15, 1992, and to the extent consistent with this subsection, it shall revive causes of action that would otherwise be barred by this section.

(f) An offense is committed either when every element occurs, or, if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the defendant’s complicity therein is terminated. Time starts to run on the day after the offense is committed.

(g) For purposes of this section, a prosecution is commenced when either an indictment is found or an information is filed.

(h) The period of limitation does not run:

(1) During any time when the accused is fleeing or hiding from justice so that the accused’s identity or whereabouts within or outside the State cannot be ascertained, despite a diligent search for the accused; or

(2) During any time when the accused in a prosecution has become a fugitive from justice by failing to appear for any scheduled court proceeding related to such prosecution for which proper notice under the law was provided or attempted. It is no defense to a prosecution under this paragraph that the person did not receive notice of the scheduled court proceeding.

(3) During any time when a prosecution, including a prosecution under a defective indictment or information, against the accused for the same conduct has been commenced and is pending in this State.

(i) If the period prescribed by subsection (b) of this section has expired, a prosecution for any offense in this title may be commenced within 10 years after it is committed if based upon forensic DNA testing.

(j) In any prosecution in which subsection (c), (d), (e), (h) or (i) of this section is sought to be invoked to avoid the limitation period of subsection (b) of this section, the State must allege and prove the applicability of subsection (c), (d), (e), (h) or (i) as an element of the offense.

11 Del. C. 1953, §  205;  58 Del. Laws, c. 497, §  1;  60 Del. Laws, c. 401, §  1;  68 Del. Laws, c. 397, §§  1, 2;  70 Del. Laws, c. 92, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 264, §§  1, 2;  72 Del. Laws, c. 320, §§  1, 2;  74 Del. Laws, c. 56, §  1;  75 Del. Laws, c. 367, §  1;  79 Del. Laws, c. 276, §  4; 
Notes of Decisions
Cited in 12 cases (5 in the last 5 years), 2014–2026 · leading case: State v. Hearne (Del. Super. Ct. 2023).
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State v. Hearne (Del. Super. Ct. 2023). · cites it 13× “On July 15, 1992, the General Assembly enacted the first of two amendments to 11 Del. C. § 205 by amending § 205(e), which contained a “first disclosure” clause.”
State v. Taggart (Del. Super. Ct. 2026). · cites it 4× “The statute of limitations on Defendant’s alleged criminal conduct is five years under 11 Del. C. § 205(b)(1). On July 15, 1992, the General Assembly amended Section 205 to include subsection (e), which extended the statute of limitations beyond five years for “crimes delineated…”
State v. Dale (Del. Super. Ct. 2021). · cites it 3× “Dale’s suggestion that he is due dismissal of the felony murder count is precluded by the plain language of 11 Del. C. § 205, which allows the initiation of a felony murder prosecution “at any time.”
State v. Dale (Del. Super. Ct. 2021). · cites it 3× “30 “The mere preclusion of the state’s capacity to prosecute the subordinate crime because of a time limitation has no effect upon the question of whether such crime was committed” and subject to proof as part of a felony murder prosecution.”
State v. Lin (Del. Super. Ct. 2018). · cites it 2× “State11, that 10 11 Del C. § 205(b)(1); see also 11 Del C.”
State of Delaware v. Adgate. (Del. Super. Ct. 2014). · cites it 3× “Because 11 Del. Code § 205, providing for no limitation on the time of filing these actions, applies, Defendant’s Motion to Dismiss is DENIED.”
Huffman v. State (Del. 2015). · cites it 2× “Huffman asserted a number of convoluted and overlapping claims that can be summarized as follows: (i) the date of Huffman’s offense was manipulated in order to increase his statutory punishment; (ii) prosecution of Huffman’s offense 2 was time-barred and the amendment of 11 Del.…”
Shelley v. State (Del. 2017). “§ 2542(a), (g) (providing prisoner requesting final disposition must be tried within 180 days after prosecuting officer and court receive notice of request, not within 180 days of prisoner’s signature of request); Cane v.”
Woody v. State (Del. 2019). “17 11 Del. C. § 205. 18 As noted earlier, Newman was incarcerated in Maryland from November 2014 until April 11, 2016.”
State v. Kirk (Del. Super. Ct. 2019). “His sole claim on appeal was that the Superior Court lacked jurisdiction to enter convictions for Manslaughter and Assault in the Second Degree because the 5-year statute of limitations for bringing felony charges under 11 Del. C. §205(b)(1) had run.” According to Kirk, the…”
State v. Boone (Del. Super. Ct. 2020). “31 11 Del. C. §205(b)(1). The case Defendant cites is inapposite as it deals with custodial interrogation and suppression of statements made during that time.”
Tucker v. State (Del. 2025). “” 11 Del. C. § 205, 74 Del. Laws, Ch. 56. 10 App.”
— 11 Del. C. § 205(a) — 2 cases
State v. Dale (Del. Super. Ct. 2021). “Dale’s suggestion that he is due dismissal of the felony murder count is precluded by the plain language of 11 Del. C. § 205, which allows the initiation of a felony murder prosecution “at any time.”
State v. Dale (Del. Super. Ct. 2021). “30 “The mere preclusion of the state’s capacity to prosecute the subordinate crime because of a time limitation has no effect upon the question of whether such crime was committed” and subject to proof as part of a felony murder prosecution.”
— 11 Del. C. § 205(b)(1) — 7 cases
State v. Lin (Del. Super. Ct. 2018). “State11, that 10 11 Del C. § 205(b)(1); see also 11 Del C.”
State v. Kirk (Del. Super. Ct. 2019). “His sole claim on appeal was that the Superior Court lacked jurisdiction to enter convictions for Manslaughter and Assault in the Second Degree because the 5-year statute of limitations for bringing felony charges under 11 Del. C. §205(b)(1) had run.” According to Kirk, the…”
State v. Boone (Del. Super. Ct. 2020). “31 11 Del. C. §205(b)(1). The case Defendant cites is inapposite as it deals with custodial interrogation and suppression of statements made during that time.”
State v. Dale (Del. Super. Ct. 2021). “Dale’s suggestion that he is due dismissal of the felony murder count is precluded by the plain language of 11 Del. C. § 205, which allows the initiation of a felony murder prosecution “at any time.”
State v. Dale (Del. Super. Ct. 2021). “30 “The mere preclusion of the state’s capacity to prosecute the subordinate crime because of a time limitation has no effect upon the question of whether such crime was committed” and subject to proof as part of a felony murder prosecution.”
— 11 Del. C. § 205(c) — 1 case
State v. Lin (Del. Super. Ct. 2018). “State11, that 10 11 Del C. § 205(b)(1); see also 11 Del C.”
— 11 Del. C. § 205(e) — 3 cases
State v. Hearne (Del. Super. Ct. 2023). “On July 15, 1992, the General Assembly enacted the first of two amendments to 11 Del. C. § 205 by amending § 205(e), which contained a “first disclosure” clause.”
State v. Taggart (Del. Super. Ct. 2026). “The statute of limitations on Defendant’s alleged criminal conduct is five years under 11 Del. C. § 205(b)(1). On July 15, 1992, the General Assembly amended Section 205 to include subsection (e), which extended the statute of limitations beyond five years for “crimes delineated…”
Huffman v. State (Del. 2015). “Huffman asserted a number of convoluted and overlapping claims that can be summarized as follows: (i) the date of Huffman’s offense was manipulated in order to increase his statutory punishment; (ii) prosecution of Huffman’s offense 2 was time-barred and the amendment of 11 Del.…”
— 11 Del. C. § 205(g) — 1 case
Shelley v. State (Del. 2017). “§ 2542(a), (g) (providing prisoner requesting final disposition must be tried within 180 days after prosecuting officer and court receive notice of request, not within 180 days of prisoner’s signature of request); Cane v.”
— 11 Del. C. § 205(j) — 2 cases
State v. Hearne (Del. Super. Ct. 2023). “On July 15, 1992, the General Assembly enacted the first of two amendments to 11 Del. C. § 205 by amending § 205(e), which contained a “first disclosure” clause.”
State v. Taggart (Del. Super. Ct. 2026). “The statute of limitations on Defendant’s alleged criminal conduct is five years under 11 Del. C. § 205(b)(1). On July 15, 1992, the General Assembly amended Section 205 to include subsection (e), which extended the statute of limitations beyond five years for “crimes delineated…”
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