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Illinois Compiled Statutes

720 ILCS 5/3-5 (2026)

General limitations

✓ current as of May 2026
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(720 ILCS 5/3-5) (from Ch. 38, par. 3-5)
    Sec. 3-5. General limitations.
    (a) A prosecution for: (1) first degree murder, attempt to commit first degree murder, second degree murder, involuntary manslaughter, reckless homicide, a violation of subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code for the offense of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof when the violation was a proximate cause of a death, leaving the scene of a motor vehicle crash involving death or personal injuries under Section 11-401 of the Illinois Vehicle Code, failing to give information and render aid under Section 11-403 of the Illinois Vehicle Code, concealment of homicidal death, treason, arson, residential arson, aggravated arson, forgery, child sexual abuse material or child pornography under paragraph (1) of subsection (a) of Section 11-20.1, or aggravated child pornography under paragraph (1) of subsection (a) of Section 11-20.1B, or (2) any offense involving sexual conduct or sexual penetration, as defined by Section 11-0.1 of this Code may be commenced at any time.
    (a-5) A prosecution for theft of property exceeding $100,000 in value under Section 16-1, identity theft under subsection (a) of Section 16-30, aggravated identity theft under subsection (b) of Section 16-30, financial exploitation of an elderly person or a person with a disability under Section 17-56; theft by deception of a victim 60 years of age or older or a person with a disability under Section 16-1; or any offense set forth in Article 16H or Section 17-10.6 may be commenced within 7 years of the last act committed in furtherance of the crime.
    (b) Unless the statute describing the offense provides otherwise, or the period of limitation is extended by Section 3-6, a prosecution for any offense not designated in subsection (a) or (a-5) must be commenced within 3 years after the commission of the offense if it is a felony, or within one year and 6 months after its commission if it is a misdemeanor.
(Source: P.A. 104-245, eff. 1-1-26.)

    
Notes of Decisions
Cited in 58 cases (12 in the last 5 years), 1993–2025 · leading case: People v. Casas, 2017 IL 120797 (Ill. 2017).
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People v. Casas, 2017 IL 120797 (Ill. 2017). · cites it 2× “720 ILCS 5/3-5(b) (West 1998); 1 Chenoweth , 2015 IL 116898 , ¶¶ 22-23, 388 Ill.”
People v. Van Schoyck, 904 N.E.2d 29 (Ill. 2009). · cites it 2× “See 720 ILCS 5/3-5 (West 2002). Further, the defendant never filed a speedy-trial demand in the felony case, and, even if he had, the State prosecuted defendant on the felony charge within the time allowed by the speedy-trial act.”
People v. Berg, 660 N.E.2d 1003 (Ill. App. Ct. 1996). · cites it 4× “" (720 ILCS 5/3-5(a) (West 1994).) The State argues that arson is a lesser included offense of aggravated arson and, thus, defendant should be deemed timely prosecuted for the greater offense of aggravated arson under this particular statute—notwithstanding that the offense of…”
People v. Anaya, 2017 IL App (1st) 150074 (Ill. App. Ct. 2017). · cites it 2× “The parties stipulated that the statute of limitation was extended pursuant to section 3-5(a)(2) of the Criminal Code of 1961 (Code) ( 720 ILCS 5/3-5(a)(2) (West 2004)) 1 for the nine counts of aggravated criminal sexual assault because (1) the victim reported the offense to law…”
People v. Anaya, 2017 IL App (1st) 150074 (Ill. App. Ct. 2018). · cites it 2× “The parties stipulated that the statute of limitation was extended pursuant to section 3-5(a)(2) of the Criminal Code of 1961 (Code) (720 ILCS 5/3-5(a)(2) (West 2004))1 for the nine counts of aggravated criminal sexual assault because (1) the victim reported the offense to law…”
People v. Grever, 819 N.E.2d 6 (Ill. App. Ct. 2004). · cites it 2× “720 ILCS 5/3-5(b) (West 1998). However, section 3-6(b) of the Code provides for an extended limitations period for charges such as those brought in this case: "(b) A prosecution for any offense based upon misconduct in office by a public officer or employee may be commenced…”
People v. Wells, 2017 IL App (1st) 152758 (Ill. App. Ct. 2017). · cites it 4× “See 720 ILCS 5/3-5 (West 2006); see also People v.”
People v. Leavitt, 2014 IL App (1st) 121323 (Ill. App. Ct. 2014). · cites it 3× “The State asserts the prosecution of Leavitt's case was timely commenced as defendant's indictment was returned within the three-year statute of limitations period for a felony offense (720 ILCS 5/3-5(b) (West 2006)), and, therefore, the circuit court improperly granted…”
People v. Casas, 2016 IL App (2d) 150456 (Ill. App. Ct. 2016). · cites it 2× “” 720 ILCS 5/3-5 (West 2014). A crime is “committed,” and the limitations period begins to run, when the final element of the offense is completed.”
People v. Shinaul, 2017 IL 120162 (Ill. 2018). “Here, defendant repeats his circuit court argument that even if the plea agreement is no longer enforceable, the criminal statute of limitations (720 ILCS 5/3-5 (West 2012)) constitutes an absolute bar against reinstating the nol-prossed charges since the State’s motion was…”
People v. Leavitt, 2014 IL App (1st) 121323 (Ill. App. Ct. 2015). · cites it 3× “Leavitt contended that because the indictment remained sealed until November 12, 2010, the prosecution of his case did not commence until after the applicable three-year statute of limitations period had expired (720 ILCS 5/3-5(b) (West 2006)). Leavitt further asserted the only…”
People v. Wells, 2017 IL App (1st) 152758 (Ill. App. Ct. 2017). · cites it 4× “See 720 ILCS 5/3-5 (West 2006); see also People v.”
Show all 58 citing cases →
— 720 ILCS 5/3-5(a) — 8 cases
People v. Berg, 660 N.E.2d 1003 (Ill. App. Ct. 1996). “" (720 ILCS 5/3-5(a) (West 1994).) The State argues that arson is a lesser included offense of aggravated arson and, thus, defendant should be deemed timely prosecuted for the greater offense of aggravated arson under this particular statute—notwithstanding that the offense of…”
Afl-Cio (Afscme) v. Dept. of Cent. Mgt., 671 N.E.2d 668 (Ill. 1996).
People v. Moore, 2021 IL App (1st) 170888-U (Ill. App. Ct. 2021).
People v. Bannister, 2025 IL App (1st) 231399-U (Ill. App. Ct. 2025).
DeLeon-Reyes v. Guevara (N.D. Ill. 2020).
— 720 ILCS 5/3-5(a)(2) — 4 cases
People v. Anaya, 2017 IL App (1st) 150074 (Ill. App. Ct. 2017). “The parties stipulated that the statute of limitation was extended pursuant to section 3-5(a)(2) of the Criminal Code of 1961 (Code) ( 720 ILCS 5/3-5(a)(2) (West 2004)) 1 for the nine counts of aggravated criminal sexual assault because (1) the victim reported the offense to law…”
People v. Anaya, 2017 IL App (1st) 150074 (Ill. App. Ct. 2018). “The parties stipulated that the statute of limitation was extended pursuant to section 3-5(a)(2) of the Criminal Code of 1961 (Code) (720 ILCS 5/3-5(a)(2) (West 2004))1 for the nine counts of aggravated criminal sexual assault because (1) the victim reported the offense to law…”
People v. Moore, 2021 IL App (1st) 170888-U (Ill. App. Ct. 2021).
People v. Johnson, 2023 IL App (1st) 211436-U (Ill. App. Ct. 2023).
— 720 ILCS 5/3-5(b) — 37 cases
People v. Casas, 2017 IL 120797 (Ill. 2017). “720 ILCS 5/3-5(b) (West 1998); 1 Chenoweth , 2015 IL 116898 , ¶¶ 22-23, 388 Ill.”
People v. Grever, 819 N.E.2d 6 (Ill. App. Ct. 2004). “720 ILCS 5/3-5(b) (West 1998). However, section 3-6(b) of the Code provides for an extended limitations period for charges such as those brought in this case: "(b) A prosecution for any offense based upon misconduct in office by a public officer or employee may be commenced…”
People v. Leavitt, 2014 IL App (1st) 121323 (Ill. App. Ct. 2014). “The State asserts the prosecution of Leavitt's case was timely commenced as defendant's indictment was returned within the three-year statute of limitations period for a felony offense (720 ILCS 5/3-5(b) (West 2006)), and, therefore, the circuit court improperly granted…”
People v. Berg, 660 N.E.2d 1003 (Ill. App. Ct. 1996). “" (720 ILCS 5/3-5(a) (West 1994).) The State argues that arson is a lesser included offense of aggravated arson and, thus, defendant should be deemed timely prosecuted for the greater offense of aggravated arson under this particular statute—notwithstanding that the offense of…”
People v. Wells, 2017 IL App (1st) 152758 (Ill. App. Ct. 2017). “See 720 ILCS 5/3-5 (West 2006); see also People v.”
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