The statute of limitations for larceny runs anywhere from about one year to ten years or more, depending on the value of what was taken and which state’s law applies. Misdemeanor-level theft typically carries a one-to-three-year filing deadline. Felony-level theft usually gives prosecutors three to six years, and sometimes longer. Federal theft charges carry a five-year deadline.1Office of the Law Revision Counsel. 18 USC 3282 Offenses Not Capital
How the Value of Stolen Property Sets the Deadline
Every state draws a line between lower-level theft (often called petty larceny or petty theft) and higher-level theft (grand larceny or felony theft). If the stolen property’s value falls below the line, the charge is a misdemeanor with a shorter filing deadline. Above it, the charge is a felony with a longer one.
That dividing line varies dramatically. The felony theft threshold is as low as $200 in one state and as high as $2,500 in others. The most common cutoff is $1,000, used by roughly half the states. The rest cluster around $500, $750, $1,500, or $2,000. The same act of stealing a $1,200 item can be a misdemeanor in one state and a felony in the next one over.
Misdemeanor Larceny
For misdemeanor-level theft, most states give prosecutors between one and three years to file charges. A one-year or two-year window is the most common. A handful of states allow significantly more time even for misdemeanors, and a few impose no time limit at all for any criminal offense regardless of severity.
Felony Larceny
When stolen property exceeds the felony threshold, the filing window expands. Most states set the felony larceny deadline somewhere between three and six years, though some allow longer. Rhode Island, for example, allows ten years for any larceny charged as a felony. Certain aggravating facts can push the deadline further still. Theft from an elderly or dependent adult, theft exceeding a very high dollar amount, and embezzlement involving a position of trust often trigger extended filing periods under state law.
Federal Theft Charges
When a theft involves federal property, the mail, interstate commerce, or other federal interests, the case falls under federal law. The general federal statute of limitations is five years from the date of the offense for any non-capital crime, which covers essentially all federal theft charges.1Office of the Law Revision Counsel. 18 USC 3282 Offenses Not Capital Stealing government property worth more than $1,000 can result in up to ten years in prison; theft of government property worth $1,000 or less carries up to one year.2Office of the Law Revision Counsel. 18 USC 641 Public Money, Property or Records The five-year filing deadline applies to both levels unless a specific federal statute says otherwise.
When the Clock Starts Running
For straightforward theft, the clock begins on the day the crime is committed. Take an item from a store on June 1, and the deadline for filing charges starts counting from that date. Most larceny cases work this way because the theft is immediately apparent.
Embezzlement and fraud-related theft are different. These crimes often go undetected for months or years because the person stealing is in a position of trust and can disguise the activity. Many states apply a “discovery rule” in those situations, meaning the clock doesn’t start until the victim discovers the theft or reasonably should have discovered it. Some states also treat ongoing embezzlement as a continuing offense, so the deadline doesn’t begin until the last act of theft in the series. Both rules can significantly extend the time prosecutors have to bring charges.
When the Clock Pauses
Even after the clock starts, certain events can pause it. The legal term is “tolling,” and the most common trigger is fleeing the jurisdiction. If a suspect leaves the state to avoid prosecution, most states stop the clock for the entire period of absence. Under federal law the rule is absolute: no statute of limitations applies at all to anyone fleeing from justice.3Office of the Law Revision Counsel. 18 USC 3290 Fugitives From Justice
Other tolling triggers vary by state and can include situations where prosecutors have already obtained a warrant or indictment that hasn’t been served, or where the suspect is actively concealing their identity. The practical effect is the same: time spent evading law enforcement doesn’t count toward the deadline.
What Happens When the Deadline Expires
Once the statute of limitations runs out, prosecutors lose the ability to file charges for that offense permanently. This holds true even if new evidence surfaces afterward, including a confession or physical evidence that conclusively links a suspect to the crime. The deadline is a hard cutoff.
If the government does file charges after the deadline, the defense raises the issue through a motion to dismiss. The court examines whether the filing period has actually expired, including whether any tolling provisions or discovery-rule extensions apply. If the deadline has passed, the case is thrown out. Courts have no discretion; a time-barred prosecution cannot proceed regardless of the strength of the evidence.
Civil Lawsuits Run on a Separate Clock
Everything above applies only to criminal prosecution. Theft victims can also file a civil lawsuit to recover the value of stolen property or seek other damages, and civil filing deadlines are separate from the criminal statute of limitations. Civil deadlines for theft or conversion claims vary by state but commonly fall in the two-to-six-year range. A criminal case that becomes time-barred doesn’t prevent the victim from pursuing a civil claim, and vice versa. The two clocks run independently.