Virginia Code

Va. Code Ann. § 19.2-8 (2026)

Limitation of prosecutions

✓ current as of May 2026

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A prosecution for a misdemeanor, or any pecuniary fine, forfeiture, penalty or amercement, shall be commenced within one year next after there was cause therefor, except that a prosecution for petit larceny may be commenced within five years, and for an attempt to produce abortion, within two years after commission of the offense.

A prosecution for any misdemeanor violation of § 54.1-3904 shall be commenced within two years of the discovery of the offense.

A prosecution for violation of laws governing the placement of children for adoption without a license pursuant to § 63.2-1701 shall be commenced within one year from the date of the filing of the petition for adoption.

A prosecution for making a false statement or representation of a material fact knowing it to be false or knowingly failing to disclose a material fact, to obtain or increase any benefit or other payment under the Virginia Unemployment Compensation Act (§ 60.2-100 et seq.) shall be commenced within three years next after the commission of the offense.

A prosecution for any violation of § 10.1-1320, 62.1-44.32 (b), 62.1-194.1, or Article 11 (§ 62.1-44.34:14 et seq.) of Chapter 3.1 of Title 62.1 that involves the discharge, dumping or emission of any toxic substance as defined in § 32.1-239 shall be commenced within three years next after the commission of the offense.

Prosecution of Building Code violations under § 36-106 shall commence within one year of discovery of the offense by the building official, provided that such discovery occurs within two years of the date of initial occupancy or use after construction of the building or structure, or the issuance of a certificate of use and occupancy for the building or structure, whichever is later. However, prosecutions under § 36-106 relating to the maintenance of existing buildings or structures as contained in the Uniform Statewide Building Code shall commence within one year of the issuance of a notice of violation for the offense by the building official.

Prosecution of any misdemeanor violation of § 54.1-111 shall commence within one year of the discovery of the offense by the complainant, but in no case later than five years from occurrence of the offense.

Prosecution of any misdemeanor violation of any professional licensure requirement imposed by a locality shall commence within one year of the discovery of the offense by the complainant, but in no case later than five years from occurrence of the offense.

Prosecution of nonfelonious offenses which constitute malfeasance in office shall commence within two years next after the commission of the offense.

Prosecution for a violation for which a penalty is provided for by § 55.1-1989 shall commence within three years next after the commission of the offense.

Prosecution of illegal sales or purchases of wild birds, wild animals and freshwater fish under § 29.1-553 shall commence within three years after commission of the offense.

Prosecution of violations under Title 58.1 for offenses involving false or fraudulent statements, documents or returns, or for the offense of willfully attempting in any manner to evade or defeat any tax or the payment thereof, or for the offense of willfully failing to pay any tax, or willfully failing to make any return at the time or times required by law or regulations shall commence within three years next after the commission of the offense, unless a longer period is otherwise prescribed.

Prosecution of violations of subsection A or B of § 3.2-6570 shall commence within five years of the commission of the offense, except violations regarding agricultural animals shall commence within one year of the commission of the offense.

A prosecution for a misdemeanor violation of § 18.2-386.1 or 18.2-386.2 shall be commenced within five years of the commission of the offense or within one year of the date the victim discovers the offense or, by the exercise of due diligence, reasonably should have discovered the offense, whichever is later.

A prosecution for any violation of the Campaign Finance Disclosure Act, Chapter 9.3 (§ 24.2-945 et seq.) of Title 24.2, shall commence within one year of the discovery of the offense but in no case more than three years after the date of the commission of the offense.

A prosecution of a crime that is punishable as a misdemeanor pursuant to the Virginia Computer Crimes Act (§ 18.2-152.1 et seq.) or pursuant to § 18.2-186.3 for identity theft shall be commenced before the earlier of (i) five years after the commission of the last act in the course of conduct constituting a violation of the article or (ii) one year after the existence of the illegal act and the identity of the offender are discovered by the Commonwealth, by the owner, or by anyone else who is damaged by such violation.

A prosecution of a misdemeanor under § 18.2-64.2, 18.2-67.4, 18.2-67.4:1, 18.2-67.4:2, 18.2-67.5, or 18.2-370.6 or clause (ii) of § 18.2-371 where the victim is a minor at the time of the offense shall be commenced no later than one year after the victim reaches majority, unless the alleged offender of such offense was an adult and more than three years older than the victim at the time of the offense, in which instance such prosecution shall be commenced no later than five years after the victim reaches majority.

A prosecution for a violation of § 18.2-260.1 shall be commenced within three years of the commission of the offense.

Nothing in this section shall be construed to apply to any person fleeing from justice or concealing himself within or without the Commonwealth to avoid arrest or be construed to limit the time within which any prosecution may be commenced for desertion of a spouse or child or for neglect or refusal or failure to provide for the support and maintenance of a spouse or child.

Code 1950, § 19.1-8; 1960, c. 366; 1974, c. 466; 1975, c. 495; 1976, cc. 114, 620; 1977, c. 108; 1978, c. 730; 1979, c. 243; 1980, c. 496; 1981, c. 31; 1984, c. 601; 1987, c. 488; 1990, cc. 575, 976; 1992, cc. 177, 435, 650; 1996, c. 484; 1998, c. 566; 1999, c. 620; 2005, cc. 746, 761, 827; 2006, cc. 193, 787, 892; 2008, c. 769; 2011, cc. 118, 143, 494, 553; 2014, c. 169; 2015, c. 176; 2016, cc. 233, 253; 2017, c. 667; 2018, c. 549; 2020, cc. 277, 1122; 2022, c. 110; 2024, c. 697.

Notes of Decisions

Cited in 38 cases (5 in the last 5 years), 1977–2024 · leading case: Foster v. Commonwealth, 606 S.E.2d 518 (Va. Ct. App. 2004).

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Foster v. Commonwealth, 606 S.E.2d 518 (Va. Ct. App. 2004). · cites it 20× “[1] She maintains the statute of *519 limitations, Code § 19.2-8, [2] barred her prosecution.”

Alfred Banks, Jr. v. Commonwealth of Virginia, 795 S.E.2d 908 (Va. Ct. App. 2017). · cites it 2× “” Code § 19.2-8. “[T]he issuance of a warrant commences a prosecution” for statute of limitations purposes.”

Rebecca K. Taylor, s/k/a Rebecca Knight Taylor v. Commonwealth of Virginia, 767 S.E.2d 721 (Va. Ct. App. 2015). · cites it 24× “ourt erred in denying her motion to strike and in failing to grant her motion to set aside the verdict as to the sufficiency of the evidence regarding the battery charge because the conduct did not exceed the bounds of lawful parental discipline; and (2) the trial court erred in…”

Najee Finique Hairston v. Commonwealth of Virginia, 797 S.E.2d 794 (Va. Ct. App. 2017). · cites it 2× “On the facts of this case, we need not address the impact of Code § 19.2-8—Virginia’s one-year statute of limitations for misdemeanors— on probable cause to effect a misdemeanor arrest.”

Bouldin v. Commonwealth, 355 S.E.2d 352 (Va. Ct. App. 1987). · cites it 8× “First, Bouldin argues that the proceeding is barred by the one year limitation period of Code § 19.2-8 which applies to prosecutions “for a misdemeanor, or any pecuniary fine, forfeiture, penalty or amercement.”

Jonta Ramsey v. Commonwealth of Virginia, 779 S.E.2d 241 (Va. Ct. App. 2015). · cites it 2× “The court properly took into account the additional time and expense of re-indicting the defendant as well as any potential difficulty in obtaining necessary witnesses, given the passage of time. Additionally, one of the charges, the misdemeanor offense, could not be reinstated…”

Foster v. Commonwealth, 623 S.E.2d 902 (Va. 2006). · cites it 4× “" Code § 19.2-8, dealing with limitation of prosecutions generally, provides, as pertinent: "A prosecution for a misdemeanor.”

Kelley v. Commonwealth, 439 S.E.2d 616 (Va. Ct. App. 1994). · cites it 2× “Code § 19.2-8 requires that, except for certain exceptions, “[a] prosecution for a misdemeanor .”

Reid v. Madison, 455 F. Supp. 1066 (E.D. Va. 1978). · cites it 6× “Defendants also contend that plaintiffs’ claim based on common law fraud is barred by the statute of limitations found in Va. Code § 19.2-8 (as amended). While neither party has briefed the issue of the proper statute of limitations for plaintiffs’ claim of common law fraud, the…”

United States v. Logan McCauley, 983 F.3d 690 (4th Cir. 2020). “42; see also Va. Code Ann. § 19.2-8 . 4 At trial, McCauley moved for a judgment of acquittal pursuant to Federal Rule of Criminal Procedure 29 at the close of both the government’s and the defense’s case, which the court denied.”

United States v. Albert E. Mills. United States of Am. v. Kenneth B. Wonson, 964 F.2d 1186 (D.C. Cir. 1992). “Va.Code Ann. § 19.2-8 (Michie 1990). Wash.”

Commonwealth v. Cooley, 90 Va. Cir. 154 (Fairfax Cir. Ct. 2015). · cites it 9× “Defendant opposes that and asserts that the HOT lanes charges fall under Va. Code § 19.2-8, which requires “prosecution for a misdemeanor, or any pecuniaiy fine, forfeiture, penalty, or amercement” be brought within one year, pointing out that the HOT lanes statute subsection…”

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