U.S. Code » Title 52 » Subtitle Subtitle III— Federal Campaign Finance › Chapter CHAPTER 301— FEDERAL ELECTION CAMPAIGNS › Subchapter SUBCHAPTER II— GENERAL PROVISIONS

52 U.S.C. § 30145

Period of limitations

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(a) No person shall be prosecuted, tried, or punished for any violation of subchapter I of this chapter, unless the indictment is found or the information is instituted within 5 years after the date of the violation.(b) Notwithstanding any other provision of law—(1) the period of limitations referred to in subsection (a) shall apply with respect to violations referred to in such subsection committed before, on, or after the effective date of this section; and(2) no criminal proceeding shall be instituted against any person for any act or omission which was a violation of any provision of subchapter I of this chapter, as in effect on December 31, 1974, if such act or omission does not constitute a violation of any such provision, as amended by the Federal Election Campaign Act Amendments of 1974.Nothing in this subsection shall affect any proceeding pending in any court of the United States on January 1, 1975.(Pub. L. 92–225, title IV, § 406, as added Pub. L. 93–443, title III, § 302, Oct. 15, 1974, 88 Stat. 1289; amended Pub. L. 94–283, title I, § 115(f), May 11, 1976, 90 Stat. 496; Pub. L. 107–155, title III, § 313(a), Mar. 27, 2002, 116 Stat. 106.)Editorial NotesReferences in Text

The Federal Election Campaign Act Amendments of 1974, referred to in subsec. (b)(2), is Pub. L. 93–433, Oct. 15, 1974, 88 Stat. 1263. For complete classification of this Act to the Code, see Tables.

Codification

Section was formerly classified to section 455 of Title 2, The Congress, prior to editorial reclassification and renumbering as this section.

Amendments

2002—Subsec. (a). Pub. L. 107–155 substituted “5 years” for “3 years”.

1976—Subsec. (a). Pub. L. 94–283, § 115(f)(1), struck out references to sections 608, 610, 611, 613, 614, 615, 616, and 617 of title 18.

Subsec. (b)(2). Pub. L. 94–283, § 115(f)(2), struck out references to sections 608, 610, 611, and 613 of title 18.

Statutory Notes and Related SubsidiariesEffective Date of 2002 Amendment

Pub. L. 107–155, title III, § 313(b), Mar. 27, 2002, 116 Stat. 106, provided that: “The amendment made by this section [amending this section] shall apply to violations occurring on or after the effective date of this Act [for general effective date of Pub. L. 107–155, see section 402 of Pub. L. 107–155, set out as an Effective Date of 2002 Amendment; Regulations note under section 30101 of this title].”

Effective Date

Section effective Jan. 1, 1975, see section 410(a) of Pub. L. 93–443, set out as an Effective Date of 1974 Amendment note under section 30101 of this title.

Notes of Decisions
Cited in 5 cases (4 in the last 5 years), 2018–2024 · leading case: United States v. Kenneth Smukler, 991 F.3d 472 (3rd Cir. 2021).
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United States v. Kenneth Smukler, 991 F.3d 472 (3rd Cir. 2021). “See 52 U.S.C. § 30145 . But before the statute of limitations ran on the August 11 FECA makes it a crime to “knowingly and willfully commit[] a violation” that “involves the making .”
United States v. Kenneth Smukler, 986 F.3d 229 (3rd Cir. 2021). “See 52 U.S.C. § 30145 . But before the statute of limitations ran on the August 11 FECA makes it a crime to “knowingly and willfully commit[] a violation” that “involves the making .”
United States v. Smukler, 330 F. Supp. 3d 1050 (E.D. Pa. 2018). “52 U.S.C. § 30145 . Count Two charges defendant with "willfully caus[ing] contributions to the Jimmie Moore for Congress campaign in excess of the limits of the Election Act, which aggregated $25,000 and more in calendar year 2012" in violation of 52 U.”
People of The State of New York v. Trump (S.D.N.Y. 2023). “52 USC § 30145 (a). Further, none of New York’s state criminal tolling provisions apply herein, either.”
Campaign Legal Ctr. v. Fed. Election Comm'n (D.D.C. 2024). “28 (citing 52 U.S.C. §§ 30145 (a), 2462). These Commissioners did not speak for the agency, however, and an official statement did not come until one month after the FEC finally voted to close the file when Commissioner Weintraub—who was part of the controlling block that…”
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