Section 15-3-1
Section 15-3-1 Felonies generally.
The prosecution of all felonies, except those specified in Sections 15-3-3 and 15-3-5, must be commenced within three years after the commission of the offense.
(Code 1852, §403; Code 1867, §3951; Code 1876, §4643; Code 1886, §3710; Code 1896, §5070; Code 1907, §7346; Code 1923, §4930; Code 1940, T. 15, §221.)Section 15-3-2
Section 15-3-2 Misdemeanors.
Unless otherwise provided, the prosecution of all misdemeanors before a circuit or district court must be commenced within 12 months after the commission of the offense.
(Code 1852, §404; Code 1867, §3952; Code 1876, §4644; Code 1886, §3711; Code 1896, §5071; Code 1907, §7347; Code 1923, §4931; Code 1940, T. 15, §222.)Section 15-3-3
Section 15-3-3 Conversion of public revenues.
A prosecution for conversion of the state or county revenue must be commenced within six years after the conversion.
(Code 1876, §4641; Code 1886, §3708; Code 1896, §5068; Code 1907, §7345; Code 1923, §4929; Code 1940, T. 15, §220.)Section 15-3-4
Section 15-3-4 Unlawful taking or using temporarily of property.
A prosecution for unlawfully taking or using temporarily the property of another must be commenced within 30 days after the commission of the offense.
(Code 1886, §3713; Code 1896, §5073; Code 1907, §7349; Code 1923, §4933; Code 1940, T. 15, §224.)Section 15-3-5
Section 15-3-5 Offenses having no limitation.
(a) There is no limitation of time within which a prosecution must be commenced for:
(1) Any capital offense;
(2) Any felony involving the use, attempted use, or threat of, violence to a person;
(3) Any felony involving serious physical injury or death of a person;
(4) Any sex offense involving a victim under 16 years of age, regardless of whether it involves force or serious physical injury or death;
(5) Any felony involving arson of any type;
(6) Any felony involving forgery of any type;
(7) Any felony involving counterfeiting; and
(8) Any felony involving drug trafficking.
(b) The amendments made by this act shall apply:
(1) To all crimes committed after January 7, 1985; and
(2) To all crimes committed before January 7, 1985, for which no statute of limitations provided under pre-existing law has run as of January 7, 1985.
(c) Nothing herein shall be construed to mean that the adoption of this act indicates that any former statute of limitations applying to capital offenses is invalid as the result of any decision of any court invalidating the capital punishment statutes of the State of Alabama.
(Code 1852, §401; Code 1867, §3949; Code 1876, §4640; Code 1886, §3707; Code 1896, §5067; Code 1907, §7344; Code 1923, §4928; Code 1940, T. 15, §219; Acts 1984, 2nd Ex. Sess., No. 85-14, p. 16, §§1, 2, 4.)Section 15-3-6
Section 15-3-6 When time elapsing between preferring of first charge and subsequent indictment deducted from time limitation.
When an indictment is lost, mislaid or destroyed, when a judgment is arrested or an indictment quashed for any defect therein, for the reason that it was not found by a grand jury regularly organized, because it charged no offense or for any other cause or when the prosecution is dismissed because of a variance between the allegations of the indictment and the evidence and a new indictment is ordered to be preferred, the time elapsing between the preferring of the first charge or indictment and the subsequent indictment must be deducted from the time limited for the prosecution of the offense last charged.
(Code 1852, §597; Code 1867, §4147; Code 1876, §4820; Code 1886, §3715; Code 1896, §5075; Code 1907, §7351; Code 1923, §4935; Code 1940, T. 15, §226.)Section 15-3-7
Section 15-3-7 When prosecution deemed commenced.
A prosecution may be commenced within the meaning of this chapter by finding an indictment, the issuing of a warrant or by binding over the offender.
(Code 1852, §406; Code 1867, §3954; Code 1876, §4646; Code 1886, §3714; Code 1896, §5074; Code 1907, §7350; Code 1923, §4934; Code 1940, T. 15, §225.)Section 15-3-8
Section 15-3-8 Crimes punishable under different provisions.
Any act or omission declared criminal and punishable in different ways by different provisions of law shall be punished only under one of such provisions, and a conviction or acquittal under any one shall bar a prosecution for the same act or omission under any other provision.
(Code 1923, §5204; Code 1940, T. 15, §287.)
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