Massachusetts General Laws

Mass. Gen. Laws ch. 277, § 63 (2026)

Limitation of criminal prosecutions

✓ current as of July 2026
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Section 63. An indictment for murder may be found at any time after the death of the person alleged to have been murdered. An indictment or complaint for an offense set forth in section 13B, 13B1/2, 13B3/4, 13F, 13L, 22A, 22B, 22C, 22D, 23, 23A, 23B, 24B or subsection (b) of section 50 of chapter 265, for conspiracy to commit any of these offenses, as an accessory thereto, or any 1 or more of them may be found and filed at any time after the date of the commission of such offense; but any indictment or complaint found and filed more than 27 years after the date of commission of such offense shall be supported by independent evidence that corroborates the victim's allegation. Such independent evidence shall be admissible during trial and shall not consist exclusively of the opinions of mental health professionals. An indictment for an offense set forth in sections 22, 24 or subsection (a) of section 50 of chapter 265, or for conspiracy to commit either of these offenses or as an accessory thereto or any 1 or more of them may be found and filed within 15 years of the date of commission of such offense. An indictment for an offense set forth in clause (iii) of subsection (b) of section 13A, sections 13M, 17, 18, 19 and 21 of said chapter 265 or section 17 of chapter 272, for conspiracy to commit any such crime, as an accessory thereto, or any 1 or more of them may be found and filed within 10 years after the date of commission of such offense. An indictment for any other crime shall be found and filed within 6 years after such crime has been committed. Any period during which the defendant is not usually and publicly a resident within the commonwealth shall be excluded in determining the time limited.

Notwithstanding the first paragraph, if a victim of a crime set forth in section 13B, 13F, 13H, 13H1/2, 13H3/4, 22, 22A, 23, 24B, 26A or 50 of chapter 265, or section 1, 2, 3, 4, 4A, 4B, 5, 6, 7, 8, 12, 13, 17, 26, 28, 29A, 29B, 33, 34, 35 or 35A of chapter 272 is under the age of 16 at the time the crime is committed, the period of limitation for prosecution shall not commence until the victim has reached the age of 16 or the violation is reported to a law enforcement agency, whichever occurs earlier.

Notes of Decisions
Cited in 81 cases (11 in the last 5 years), 1958–2025 · leading case: Commonwealth v. White, 61 N.E.3d 423 (Mass. 2016).
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Commonwealth v. White, 61 N.E.3d 423 (Mass. 2016). · cites it 21× “On appeal, the defendant chiefly raises two sets of claims, both of which concern the statute of limitations, G. L. c. 277, § 63. First, he argues that the Commonwealth did not meet its burden at trial of proving beyond a reasonable doubt that the indictment was timely brought…”
Commonwealth v. Dixon, 938 N.E.2d 878 (Mass. 2010). · cites it 12× “A Superior Court judge reported the following question for interlocutory review: 2 “Does the statute of limitations set forth in G. L. c. 277, § 63, bar the prosecution of the defendant for the crimes of aggravated rape (G.”
Commonwealth v. Bargeron, 524 N.E.2d 829 (Mass. 1988). · cites it 8× “Assault with intent to rape is one of the many crimes governed by the statute of limitations set forth in G.L.c. 277, § 63 (1986 ed.). On the dates of the alleged offenses, § 63 provided a six-year period of limitations.”
Commonwealth v. Barrett, 641 N.E.2d 1302 (Mass. 1994). · cites it 4× “It concedes that, since the 1985 amendment to G. L. c. 277, § 63 (see note 3, supra), did not enlarge the time as to indecent assault and battery from six to ten years as it did in regard to rape of a child, the indecent assault and battery indictments were time barred.”
Commonwealth v. Shanley, 919 N.E.2d 1254 (Mass. 2010). · cites it 3× “” G. L. c. 277, § 63, as amended through St.”
Sharris v. Commonwealth, 106 N.E.3d 661 (Mass. 2018). · cites it 2× “123, § 16 ( f ), is narrowly tailored to serve the compelling State interest of protecting public safety. In this view, the Legislature implicitly excluded defendants charged with murder in the first degree by hinging the dismissal of charges on eligibility for parole.”
Commonwealth v. Perella, 982 N.E.2d 526 (Mass. 2013). · cites it 4× “This case requires us to decide whether the filing of a criminal *275 complaint tolls the statute of limitations set forth in G. L. c. 277, § 63 (§ 63), which states that “,[a]n indictment for [armed robbery under G.”
Commonwealth v. Shelley, 80 N.E.3d 335 (Mass. 2017). · cites it 6× “G. L. c. 277, § 63. There is no dispute that the defendant would have been entitled to a manslaughter instruction had the limitations period not run.”
Commonwealth v. Resende, 65 N.E.3d 1148 (Mass. 2017). · cites it 2× “4 In contrast, G. L. c. 277, § 63, requires that an indictment or complaint filed more than twenty-seven years after the commission of a rape of child offense “be supported by independent evidence that corroborates the victim’s allegations.”
Commonwealth v. Stevenson, 50 N.E.3d 184 (Mass. 2016). · cites it 2× “See G. L. c. 277, § 63, as amended through St.”
Commonwealth v. Doherty, 229 N.E.2d 267 (Mass. 1967). · cites it 4× “It would no longer suffice that a person who has committed a crime remain undetected for the period of time set forth in G.”
Commonwealth v. Canon, 368 N.E.2d 1181 (Mass. 1977). · cites it 2× “G.L.c. 277, § 63. We need not pass on the Commonwealth's contention that he was paid for the negative service of not blocking the project.”
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