(1) Except as otherwise expressly provided, the prosecution of a felony is not subject to a period of limitation and may be commenced at any time.
(2) Except as otherwise expressly provided, the prosecution of an offense other than a felony must be commenced within one (1) year after it is committed.
(3) (a) For a misdemeanor sex offense when the victim is a minor at the time of the offense, the prosecution of the offense shall be commenced within ten
(10) years after the victim attains the age of eighteen (18) years.
(b) As used in paragraph (a) of this subsection, "misdemeanor sex offense" means a misdemeanor offense in:
1. KRS Chapter 510;
2. KRS Chapter 531 involving a minor or depiction of a minor; or
3. KRS 506.010 or 506.030 for attempt to commit or solicitation to commit:
a. Any of the offenses described in subparagraphs 1. and 2. of this paragraph;
b. Promoting prostitution under KRS 529.040 when the defendant advances or profits from the prostitution of a minor;
c. Human trafficking involving commercial sexual activity under KRS 529.100;
d. Promoting human trafficking involving commercial sexual activity under KRS 529.110; or
e. Unlawful transaction with a minor in the first degree under KRS 530.064(1)(a).
(4) For purposes of this section, 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. Effective:March 23, 2021 History: Amended 2021 Ky. Acts ch. 89, sec. 1, effective March 23, 2021. -- Amended 2008 Ky. Acts ch. 72, sec. 6, effective July 15, 2008. -- Amended 2000 Ky. Acts ch. 401, sec. 5, effective July 14, 2000. -- Amended 1990 Ky. Acts ch. 448, sec. 2, effective July 13, 1990. -- Created 1974 Ky. Acts ch. 406, sec. 5, effective January 1, 1975. Legislative Research Commission Note (3/23/2021). 2021 Ky. Acts ch. 89, sec. 3 provides that the Act, which amended this statute and KRS 413.249, "shall apply to causes of action accruing on or after [March 23, 2021], and to causes of action accruing before [March 23, 2021], if the applicable statute of limitations, as it existed prior to [March 23, 2021], has not yet run before [March 23, 2021]."
Notes of Decisions
Cited in
26
cases (
6 in the last 5 years), 1979–2025 · leading case:
Shane v. Commonwealth, 243 S.W.3d 336 (Ky. 2007).
Shane v. Commonwealth, 243 S.W.3d 336 (Ky. 2007).
· cites it 4× “Prescient of situations similar to the present case, the Supreme Court noted that "to prosecute a defendant following investigative delay does not deprive him of due process, even if his defense might have been somewhat prejudiced by the lack of time.”
Gibbs v. Commonwealth, 208 S.W.3d 848 (Ky. 2006).
· cites it 6× “KRS 500.050(2) states "[e]xcept as otherwise expressly provided, the prosecution of an offense other than a felony must be commenced within one (1) year after it is committed.”
Commonwealth v. Sowell, 157 S.W.3d 616 (Ky. 2005).
· cites it 12× “KRS 500.050(2) provides that a misdemeanor prosecution must be commenced within one year after the offense is committed.”
Commonwealth v. Oliver, 253 S.W.3d 520 (Ky. 2008).
· cites it 14× “This Court has never expressly addressed whether a criminal defendant is entitled to have the jury instructed on a lesser-included misdemeanor offense which is supported by the evidence but which was time-barred by KRS 500.050(2) at the time of indictment.”
Soto v. Commonwealth, 139 S.W.3d 827 (Ky. 2004).
· cites it 2× “There is no statute of limitations for a felony offense, KRS 500.050(1), and the charge could be refiled at any time that Appellant violated the conditions of dismissal.”
Fletcher v. Graham, 192 S.W.3d 350 (Ky. 2006).
· cites it 2× “Since prosecution of misdemeanors must commence within one year of the date of the offense, it is now likely that the Attorney General's decision to initiate grand jury proceedings will result in the dismissal of any subsequent indictment to be handed down by them not because of…”
Lawson v. Commonwealth, 85 S.W.3d 571 (Ky. 2002).
· cites it 2× “KRS 500.050(1). We also observe that, because no evidence at trial would support the conclusion that Appellant actually caused serious physical injury or death to persons or property, Paragraph (C) of the trial court's instruction should have omitted that theory of aggravation…”
Reed v. Commonwealth, 738 S.W.2d 818 (Ky. 1987).
· cites it 2× “Indeed, KRS 500.050(1) is to the contrary. A legislative determination has been made that felony charges may be brought at any time; that the interest of the Commonwealth in the prosecution of crime outweighs the benefits normally associated with statutes of limitation; and that…”
Woolfolk v. Commonwealth, 339 S.W.3d 411 (Ky. 2011).
· cites it 2× “He makes no argument relating to the time lapse between his indictment and commencement of trial. We accordingly will limit our review to the pre-indictment delay in bringing the charges.”
Lawson v. Commonwealth, 53 S.W.3d 534 (Ky. 2001).
“27 KRS 500.050(1) explains the Commonwealth’s burden of proof with respect to provisions designated as a “defense”: (1) The Commonwealth has the burden of proving every element of the case beyond a reasonable doubt, except as provided in subsection (3).”
Combs v. Commonwealth, 74 S.W.3d 738 (Ky. 2002).
· cites it 2× “See KRS 500.050(2) ("Except as otherwise expressly provided, the prosecution of an offense other than a felony must be commenced within one (1) year after it is committed.”
Tony Ramsek v. Andrew Beshear, 989 F.3d 494 (6th Cir. 2021).
“Ky. Rev. Stat. Ann. § 500.050 (2). Believing that a law’s repeal does not immunize a past violator from prosecution, Ramsek worries that until that one-year period expires, the threat of prosecution lives on, necessitating final injunctive relief.”
— Ky. Rev. Stat. § 500.050(1) — 11 cases
Shane v. Commonwealth, 243 S.W.3d 336 (Ky. 2007).
“Prescient of situations similar to the present case, the Supreme Court noted that "to prosecute a defendant following investigative delay does not deprive him of due process, even if his defense might have been somewhat prejudiced by the lack of time.”
Soto v. Commonwealth, 139 S.W.3d 827 (Ky. 2004).
“There is no statute of limitations for a felony offense, KRS 500.050(1), and the charge could be refiled at any time that Appellant violated the conditions of dismissal.”
Lawson v. Commonwealth, 85 S.W.3d 571 (Ky. 2002).
“KRS 500.050(1). We also observe that, because no evidence at trial would support the conclusion that Appellant actually caused serious physical injury or death to persons or property, Paragraph (C) of the trial court's instruction should have omitted that theory of aggravation…”
Reed v. Commonwealth, 738 S.W.2d 818 (Ky. 1987).
“Indeed, KRS 500.050(1) is to the contrary. A legislative determination has been made that felony charges may be brought at any time; that the interest of the Commonwealth in the prosecution of crime outweighs the benefits normally associated with statutes of limitation; and that…”
Woolfolk v. Commonwealth, 339 S.W.3d 411 (Ky. 2011).
“He makes no argument relating to the time lapse between his indictment and commencement of trial. We accordingly will limit our review to the pre-indictment delay in bringing the charges.”
— Ky. Rev. Stat. § 500.050(2) — 7 cases
Gibbs v. Commonwealth, 208 S.W.3d 848 (Ky. 2006).
“KRS 500.050(2) states "[e]xcept as otherwise expressly provided, the prosecution of an offense other than a felony must be commenced within one (1) year after it is committed.”
Commonwealth v. Sowell, 157 S.W.3d 616 (Ky. 2005).
“KRS 500.050(2) provides that a misdemeanor prosecution must be commenced within one year after the offense is committed.”
Commonwealth v. Oliver, 253 S.W.3d 520 (Ky. 2008).
“This Court has never expressly addressed whether a criminal defendant is entitled to have the jury instructed on a lesser-included misdemeanor offense which is supported by the evidence but which was time-barred by KRS 500.050(2) at the time of indictment.”
Combs v. Commonwealth, 74 S.W.3d 738 (Ky. 2002).
“See KRS 500.050(2) ("Except as otherwise expressly provided, the prosecution of an offense other than a felony must be commenced within one (1) year after it is committed.”
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