Pennsylvania Consolidated Statutes

18 Pa. Cons. Stat. § 108 (2026)

Time limitations.

✓ current as of May 2026

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§ 108. Time limitations.

(a) General rule.--Except as set forth in subsection (b), a prosecution for any offense under this title must be commenced within the period, if any, limited by Chapter 55 of Title 42 (relating to limitation of time).

(b) Offenses against unborn child.--

(1) A prosecution for criminal homicide of an unborn child may be commenced at any time.

(2) A prosecution for an offense under section 2606 (relating to aggravated assault of unborn child) must be commenced within five years after it is committed.

(Mar. 26, 1974, P.L.213, No.46, eff. imd.; July 9, 1976, P.L.586, No.142; Apr. 28, 1978, P.L.83, No.38, eff. 60 days; Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Oct. 2, 1997, P.L.379, No.44, eff. 180 days)

1980 Repeal. Act 142 repealed Act 38 of 1978, which amended subsec. (a), prior to the effective date of the repeal of former section 108 by Act 142 of 1976.

1976 Amendment. Act 142 added present section 108 and repealed former section 108, which related to the same subject matter, effective 60 days from the date of final enactment of the act of April 28, 1978 (P.L.202, No.53).

Notes of Decisions

Cited in 22 cases (1 in the last 5 years), 1975–2022 · leading case: Commonwealth v. Lightman, 489 A.2d 200 (Pa. 1985).

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Commonwealth v. Lightman, 489 A.2d 200 (Pa. 1985). · cites it 14× “Appellants argue that insofar as the last act of illegal dumping occurred in 1975, the statute of limitations on these charges ran out in 1977.”

Commonwealth v. Spanier, 192 A.3d 141 (Pa. Super. Ct. 2018). · cites it 2× “The question in this case was whether fraud was a material element of theft by unlawful taking, such that the Commonwealth could "toll" the statute of limitations using the fraud exception then codified at 18 Pa.C.S. § 108(c)(1). 6 Id. at 618. The panel concluded that fraud was…”

Commonwealth v. Corban Corp., 957 A.2d 274 (Pa. 2008). · cites it 2× “"); 18 Pa.C.S. § 108(a) ("General rule.Except as set forth in subsection (b) [referring to offenses against unborn children], a prosecution for any offense under this title must be commenced within the period, if any, limited by Chapter 55 of Title 42 (relating to limitation of…”

Commonwealth v. Erisman, 372 A.2d 925 (Pa. Super. Ct. 1977). · cites it 2× “" 18 Pa.C.S. § 108(e). Here, a warrant was issued on the charge of operating under the influence on August 24; the summons on the summary charge of operating after revocation of privilege was not issued until October 2.”

Commonwealth v. Daniels, 390 A.2d 172 (Pa. 1978). “2d at 481 (citations and footnote omitted).”

Commonwealth v. Bender, 380 A.2d 868 (Pa. Super. Ct. 1977). · cites it 2× “§§ 7217 & 7222, establish the times for filing and payment.”

Commonwealth v. Goldhammer, 489 A.2d 1307 (Pa. 1985). “18 Pa.C.S. § 108. Thus to be considered a material element of the crime of theft by unlawful taking, fraud or breach of fiduciary duty must be connected with the harm or evil sought to be prevented by section 3921 of the Crimes Code, 18 Pa.”

Ex Parte Matthews, 892 S.W.2d 208 (Tex. App. 1995). · cites it 2× “" 18 Pa.C.S. § 108(f)(1) (repealed) (emphasis added).”

Commonwealth v. Eackles, 428 A.2d 614 (Pa. Super. Ct. 1981). “18 Pa.C.S. § 108(b). An exception to these limitations has been created by Section 108(c)(1) as follows: If the period prescribed in subsection (b) of this section has expired, a prosecution may nevertheless be commenced for: (1) any offense a material element of which is .”

Commonwealth v. Munchinski, 585 A.2d 471 (Pa. Super. Ct. 1990). “Under the statute in effect at the time of the commission of this crime, the statute of limitations, in pertinent part, read: 18 Pa.C.S. § 108. Time Limitations (a) Murder.”

Commonwealth v. Bestwick, 396 A.2d 1311 (Pa. Super. Ct. 1978). “18 Pa.C.S. § 108(c)(2), effective June 6, 1973, has changed the law so that the normal two-year statute of limitations may not be extended for more than an additional three years in the case of a public officer or employe committing an offense in the course of, or in connection…”

Commonwealth v. Walker, 444 A.2d 1228 (Pa. Super. Ct. 1982). “5 (1978), Judge Price interpreted Section 108(c)(2) as signifying “that the normal two-year statute of limitations [under 18 Pa.C.S. § 108(b)] may not be extended for more than an additional three years in the case of a public .”

Show all 22 citing cases →

— 18 Pa. Cons. Stat. § 108(6) — 1 case

Com. v. Pacheco, L. (Pa. Super. Ct. 2022).

— 18 Pa. Cons. Stat. § 108(a) — 3 cases

Commonwealth v. Corban Corp., 957 A.2d 274 (Pa. 2008). “"); 18 Pa.C.S. § 108(a) ("General rule.Except as set forth in subsection (b) [referring to offenses against unborn children], a prosecution for any offense under this title must be commenced within the period, if any, limited by Chapter 55 of Title 42 (relating to limitation of…”

Commonwealth v. Daniels, 390 A.2d 172 (Pa. 1978). “2d at 481 (citations and footnote omitted).”

Commonwealth v. McKinley, 11 Pa. D. & C.5th 230 (2010).

— 18 Pa. Cons. Stat. § 108(b) — 2 cases

— 18 Pa. Cons. Stat. § 108(b)(2) — 1 case

Commonwealth v. Dearth, 72 Pa. D. & C.2d 503 (1975).

— 18 Pa. Cons. Stat. § 108(c)(1) — 3 cases

Commonwealth v. Spanier, 192 A.3d 141 (Pa. Super. Ct. 2018). “The question in this case was whether fraud was a material element of theft by unlawful taking, such that the Commonwealth could "toll" the statute of limitations using the fraud exception then codified at 18 Pa.C.S. § 108(c)(1). 6 Id. at 618. The panel concluded that fraud was…”

Com. v. Spanier, G. (Pa. Super. Ct. 2018).

Commonwealth v. Silfies, 35 Pa. D. & C.3d 47 (1984).

— 18 Pa. Cons. Stat. § 108(c)(2) — 2 cases

Commonwealth v. McKinley, 11 Pa. D. & C.5th 230 (2010).

— 18 Pa. Cons. Stat. § 108(e) — 4 cases

Commonwealth v. Erisman, 372 A.2d 925 (Pa. Super. Ct. 1977). “" 18 Pa.C.S. § 108(e). Here, a warrant was issued on the charge of operating under the influence on August 24; the summons on the summary charge of operating after revocation of privilege was not issued until October 2.”

Commonwealth v. Bender, 380 A.2d 868 (Pa. Super. Ct. 1977). “§§ 7217 & 7222, establish the times for filing and payment.”

Commonwealth v. Beatty, 428 A.2d 624 (Pa. Super. Ct. 1981).

Commonwealth v. Coronett, 455 A.2d 1224 (Pa. Super. Ct. 1983).

— 18 Pa. Cons. Stat. § 108(f) — 1 case

Commonwealth v. Lightman, 489 A.2d 200 (Pa. 1985). “Appellants argue that insofar as the last act of illegal dumping occurred in 1975, the statute of limitations on these charges ran out in 1977.”

— 18 Pa. Cons. Stat. § 108(f)(1) — 2 cases

Ex Parte Matthews, 892 S.W.2d 208 (Tex. App. 1995). “" 18 Pa.C.S. § 108(f)(1) (repealed) (emphasis added).”

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