THE CODE OF CRIMINAL PROCEDURE
Act 175 of 1927
767.24 Indictment; crimes; "Theresa Flores's Law"; definitions; Brandon D'Annunzio's law; findings and filing; exceptions for victims under 18; extension or tolling; applicability of 2024 amendatory act.
Sec. 24.
(1) An indictment for any of the following crimes may be found and filed at any time:
(a) Murder, conspiracy to commit murder, or solicitation to commit murder, or criminal sexual conduct in the first degree.
(b) A violation of chapter XXXIII of the Michigan penal code, 1931 PA 328, MCL 750.200 to 750.212a, that is punishable by imprisonment for life.
(c) A violation of chapter LXVIIA of the Michigan penal code, 1931 PA 328, MCL 750.462a to 750.462h, that is punishable by imprisonment for life.
(d) A violation of the Michigan anti-terrorism act, chapter LXXXIII-A of the Michigan penal code, 1931 PA 328, MCL 750.543a to 750.543z, that is punishable by imprisonment for life.
(2) An indictment for a violation or attempted violation of section 13, 462b, 462c, 462d, or 462e of the Michigan penal code, 1931 PA 328, MCL 750.13, 750.462b, 750.462c, 750.462d, and 750.462e, may be found and filed within 25 years after the offense is committed. This subsection shall be known as "Theresa Flores's Law".
(3) An indictment for a violation or attempted violation of section 136, 136a, 145c, 520e, or 520g of the Michigan penal code, 1931 PA 328, MCL 750.136, 750.136a, 750.145c, 750.520e, and 750.520g, may be found and filed as follows:
(a) Except as otherwise provided in subdivision (b), an indictment may be found and filed within 10 years after the offense is committed or by the alleged victim's twenty-first birthday, whichever is later.
(b) If evidence of the offense is obtained and that evidence contains DNA that is determined to be from an unidentified individual, an indictment against that individual for the offense may be found and filed at any time after the offense is committed. However, after the individual is identified, the indictment may be found and filed within 10 years after the individual is identified or by the alleged victim's twenty-first birthday, whichever is later.
(4) An indictment for a violation of section 520c or 520d of the Michigan penal code, 1931 PA 328, MCL 750.520c and 750.520d, may be found and filed as follows:
(a) Except as otherwise provided in subdivision (b), an indictment may be found and filed within 15 years after the offense is committed or by the alleged victim's forty-second birthday, whichever is later.
(b) If evidence of the offense is obtained and that evidence contains DNA that is determined to be from an unidentified individual, an indictment against that individual for the offense may be found and filed at any time after the offense is committed. However, after the individual is identified, the indictment may be found and filed within 15 years after the individual is identified or by the alleged victim's forty-second birthday, whichever is later.
(5) As used in subsections (3) and (4):
(a) "DNA" means human deoxyribonucleic acid.
(b) "Identified" means the individual's legal name is known and the individual has been determined to be the source of the DNA.
(6) An indictment for kidnapping, extortion, assault with intent to commit murder, attempted murder, manslaughter, armed robbery, or first-degree home invasion may be found and filed as follows:
(a) Except as otherwise provided in subdivision (b), an indictment may be found and filed within 10 years after the offense is committed.
(b) If the offense is reported to a police agency within 1 year after the offense is committed and the individual who committed the offense is unknown, an indictment for that offense may be found and filed within 10 years after the individual is identified. This subsection shall be known as Brandon D'Annunzio's law. As used in this subsection, "identified" means the individual's legal name is known.
(7) An indictment for identity theft or attempted identity theft may be found and filed as follows:
(a) Except as otherwise provided in subdivision (b), an indictment may be found and filed within 6 years after the offense is committed.
(b) If evidence of the offense is obtained and the individual who committed the offense has not been identified, an indictment may be found and filed at any time after the offense is committed, but not more than 6 years after the individual is identified.
(8) As used in subsection (7):
(a) "Identified" means the individual's legal name is known.
(b) "Identity theft" means 1 or more of the following:
(i) Conduct prohibited in section 5 or 7 of the identity theft protection act, 2004 PA 452, MCL 445.65 and 445.67.
(ii) Conduct prohibited under former section 285 of the Michigan penal code, 1931 PA 328.
(9) An indictment for false pretenses involving real property, forgery or uttering and publishing of an instrument affecting an interest in real property, or mortgage fraud may be found and filed within 10 years after the offense was committed or within 10 years after the instrument affecting real property was recorded, whichever occurs later.
(10) All other indictments may be found and filed within 6 years after the offense is committed.
(11) Any period during which the party charged did not usually and publicly reside within this state is not part of the time within which the respective indictments may be found and filed.
(12) The extension or tolling, as applicable, of the limitations period provided in this section applies to any of those violations for which the limitations period has not expired at the time the extension or tolling takes effect.
(13) The changes made to the limitation periods under this section by the 2024 amendatory act that added this subsection apply to offenses committed on or after the effective date of the 2024 amendatory act that added this subsection and do not apply retroactively to an offense committed before that date.
History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17238 ;-- Am. 1935, Act 144, Eff. Sept. 21, 1935 ;-- CL 1948, 767.24 ;-- Am. 1954, Act 100, Imd. Eff. Apr. 14, 1954 ;-- Am. 1987, Act 255, Eff. Mar. 30, 1988 ;-- Am. 2001, Act 6, Imd. Eff. May 2, 2001 ;-- Am. 2002, Act 119, Eff. Apr. 22, 2002 ;-- Am. 2004, Act 458, Eff. Mar. 1, 2005 ;-- Am. 2005, Act 35, Imd. Eff. June 7, 2005 ;-- Am. 2011, Act 203, Imd. Eff. Oct. 20, 2011 ;-- Am. 2012, Act 363, Eff. Mar. 28, 2013 ;-- Am. 2014, Act 324, Eff. Jan. 14, 2015 ;-- Am. 2017, Act 79, Eff. Oct. 9, 2017 ;-- Am. 2018, Act 148, Eff. Aug. 14, 2018 ;-- Am. 2018, Act 182, Eff. Sept. 10, 2018 ;-- Am. 2024, Act 268, Eff. Apr. 2, 2025
Compiler's Notes:
Enacting section 1 of Act 6 of 2001 provides:
“Enacting section 1. The legislature intends that the extension or tolling, as applicable, of the limitations period provided in this amendatory act shall apply to any of those violations for which the limitations period has not expired at the time this amendatory act takes effect.”
FormerLaw Notes:
See section 18 of Ch. 164 of R.S. 1846, being CL 1857, § 6027; CL 1871, § 7896; How., § 9507; CL 1897, § 11892; and CL 1915, § 15719.
Notes of Decisions
Cited in
72
cases (
18 in the last 5 years), 1959–2026 · leading case:
People v. Monaco, 710 N.W.2d 46 (Mich. 2006).
People v. Monaco, 710 N.W.2d 46 (Mich. 2006).
· cites it 28× “24(5), the catchall statute of limitations for crimes not otherwise specifically provided for in MCL 767.24. Defendant also argued that his prosecution under the amended statute violates the ex post facto clauses of the United States and Michigan constitutions.”
People of Michigan v. William Kasben, 919 N.W.2d 463 (Mich. Ct. App. 2018).
· cites it 19× “Relevant to this appeal, one of the grounds raised by defendant in his postsentence motions seeking to avoid the guilty plea was that the CSC-I charge was barred by the statute of limitations, which defense he was completely unaware of when pleading guilty, as neither his…”
People v. Russo, 487 N.W.2d 698 (Mich. 1992).
· cites it 14× “The statute of limitations in MCL 767.24(1); MSA 28.964(1), expressly states that "[e]xcept as otherwise provided in subsection (2), all other indictments shall be found and filed within 6 years after the commission of the offense.”
People of Michigan v. Joel Howard James, 931 N.W.2d 50 (Mich. Ct. App. 2018).
· cites it 13× “" The trial court could find "no rational basis for the tolling provision" to apply when no crime was reported and the party charged was not a suspect before the untolled limitations period had expired. Concluding that the tolling provision violated defendant's right to equal…”
People v. Seals, 776 N.W.2d 314 (Mich. Ct. App. 2009).
· cites it 2× “MCL 767.24(1). Indictments for second-degree home invasion and larceny (or their attempt), however, must be brought within six years.”
People v. Crear, 618 N.W.2d 91 (Mich. Ct. App. 2000).
· cites it 6× “Defendant first argues that his prosecution for the charged offenses, which occurred in 1983, was time-barred under the applicable statute of limitations, MCL 767.24(1); MSA 28.964(1), and that the trial court erred in applying the nonresident tolling provision of the statute to…”
People v. Robinson, 224 P.3d 55 (Cal. 2010).
· cites it 2× “11, § 3107 (a); Mich. Comp. Laws § 767.24 (2)(b); N.H. Rev.”
People v. Burns, 647 N.W.2d 515 (Mich. Ct. App. 2002).
· cites it 3× “It is well established in Michigan that a statute of limitations defense, MCL 767.24, in a criminal case is a nonjuiisdictionai, waivable affirmative defense.”
People v. McIntire, 591 N.W.2d 231 (Mich. Ct. App. 1999).
· cites it 4× “§ 767.24; MSA 28.964, the Legislature saw fit to include a specific provision whereby the limitation period is tolled during "any period during which the party charged did not usually and publicly reside within this state.”
People v. Harding, 506 N.W.2d 482 (Mich. 2006).
· cites it 2× “MCL 767.24; MSA 28.964. [ Stevenson at 392-393 .”
Lemmerman v. Fealk, 534 N.W.2d 695 (Mich. 1995).
· cites it 2× “In 1987, the Legislature amended MCL 767.24(2); MSA 28.964(2), to provide that where the alleged *79 victim of child sexually abusive activity or criminal sexual conduct is under eighteen years of age at the time of the commission of the offense, an indictment for that offense…”
People v. Stevenson, 331 N.W.2d 143 (Mich. 1982).
· cites it 2× “MCL 767.24; MSA 28.964. [3] Recognizing that the year and a day rule is archaic and should be abandoned, we must decide whether this Court should take such action or whether deference to the Legislature is appropriate.”
— Mich. Comp. Laws § 767.24(1) — 21 cases
People v. Crear, 618 N.W.2d 91 (Mich. Ct. App. 2000).
“Defendant first argues that his prosecution for the charged offenses, which occurred in 1983, was time-barred under the applicable statute of limitations, MCL 767.24(1); MSA 28.964(1), and that the trial court erred in applying the nonresident tolling provision of the statute to…”
People v. Russo, 487 N.W.2d 698 (Mich. 1992).
“The statute of limitations in MCL 767.24(1); MSA 28.964(1), expressly states that "[e]xcept as otherwise provided in subsection (2), all other indictments shall be found and filed within 6 years after the commission of the offense.”
People v. Seals, 776 N.W.2d 314 (Mich. Ct. App. 2009).
“MCL 767.24(1). Indictments for second-degree home invasion and larceny (or their attempt), however, must be brought within six years.”
People of Michigan v. William Kasben, 919 N.W.2d 463 (Mich. Ct. App. 2018).
“Relevant to this appeal, one of the grounds raised by defendant in his postsentence motions seeking to avoid the guilty plea was that the CSC-I charge was barred by the statute of limitations, which defense he was completely unaware of when pleading guilty, as neither his…”
People v. McIntire, 591 N.W.2d 231 (Mich. Ct. App. 1999).
“§ 767.24; MSA 28.964, the Legislature saw fit to include a specific provision whereby the limitation period is tolled during "any period during which the party charged did not usually and publicly reside within this state.”
— Mich. Comp. Laws § 767.24(1)(a) — 5 cases
— Mich. Comp. Laws § 767.24(10) — 7 cases
People of Michigan v. William Kasben, 919 N.W.2d 463 (Mich. Ct. App. 2018).
“Relevant to this appeal, one of the grounds raised by defendant in his postsentence motions seeking to avoid the guilty plea was that the CSC-I charge was barred by the statute of limitations, which defense he was completely unaware of when pleading guilty, as neither his…”
— Mich. Comp. Laws § 767.24(11) — 3 cases
People of Michigan v. Joel Howard James, 931 N.W.2d 50 (Mich. Ct. App. 2018).
“" The trial court could find "no rational basis for the tolling provision" to apply when no crime was reported and the party charged was not a suspect before the untolled limitations period had expired. Concluding that the tolling provision violated defendant's right to equal…”
— Mich. Comp. Laws § 767.24(2) — 9 cases
People v. Russo, 487 N.W.2d 698 (Mich. 1992).
“The statute of limitations in MCL 767.24(1); MSA 28.964(1), expressly states that "[e]xcept as otherwise provided in subsection (2), all other indictments shall be found and filed within 6 years after the commission of the offense.”
Lemmerman v. Fealk, 534 N.W.2d 695 (Mich. 1995).
“In 1987, the Legislature amended MCL 767.24(2); MSA 28.964(2), to provide that where the alleged *79 victim of child sexually abusive activity or criminal sexual conduct is under eighteen years of age at the time of the commission of the offense, an indictment for that offense…”
People of Michigan v. William Kasben, 919 N.W.2d 463 (Mich. Ct. App. 2018).
“Relevant to this appeal, one of the grounds raised by defendant in his postsentence motions seeking to avoid the guilty plea was that the CSC-I charge was barred by the statute of limitations, which defense he was completely unaware of when pleading guilty, as neither his…”
— Mich. Comp. Laws § 767.24(2)(a) — 1 case
— Mich. Comp. Laws § 767.24(3) — 2 cases
— Mich. Comp. Laws § 767.24(3)(a) — 4 cases
People of Michigan v. Joel Howard James, 931 N.W.2d 50 (Mich. Ct. App. 2018).
“" The trial court could find "no rational basis for the tolling provision" to apply when no crime was reported and the party charged was not a suspect before the untolled limitations period had expired. Concluding that the tolling provision violated defendant's right to equal…”
— Mich. Comp. Laws § 767.24(4) — 3 cases
People v. Monaco, 710 N.W.2d 46 (Mich. 2006).
“24(5), the catchall statute of limitations for crimes not otherwise specifically provided for in MCL 767.24. Defendant also argued that his prosecution under the amended statute violates the ex post facto clauses of the United States and Michigan constitutions.”
— Mich. Comp. Laws § 767.24(4)(a) — 1 case
People of Michigan v. Joel Howard James, 931 N.W.2d 50 (Mich. Ct. App. 2018).
“" The trial court could find "no rational basis for the tolling provision" to apply when no crime was reported and the party charged was not a suspect before the untolled limitations period had expired. Concluding that the tolling provision violated defendant's right to equal…”
— Mich. Comp. Laws § 767.24(5) — 3 cases
People v. Monaco, 710 N.W.2d 46 (Mich. 2006).
“24(5), the catchall statute of limitations for crimes not otherwise specifically provided for in MCL 767.24. Defendant also argued that his prosecution under the amended statute violates the ex post facto clauses of the United States and Michigan constitutions.”
People v. Seals, 776 N.W.2d 314 (Mich. Ct. App. 2009).
“MCL 767.24(1). Indictments for second-degree home invasion and larceny (or their attempt), however, must be brought within six years.”
— Mich. Comp. Laws § 767.24(6) — 2 cases
— Mich. Comp. Laws § 767.24(7) — 4 cases
— Mich. Comp. Laws § 767.24(8) — 3 cases
People of Michigan v. Joel Howard James, 931 N.W.2d 50 (Mich. Ct. App. 2018).
“" The trial court could find "no rational basis for the tolling provision" to apply when no crime was reported and the party charged was not a suspect before the untolled limitations period had expired. Concluding that the tolling provision violated defendant's right to equal…”
— Mich. Comp. Laws § 767.24(9) — 2 cases
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