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Home » US Law » 2022 Louisiana Laws » Code of Criminal Procedure » TITLE XVII TIME LIMITATIONS CHAPTER 1. LIMITATIONS UPON INSTITUTION OF PROSECUTION

Art. 571. Crimes for which there is no time limitation

TITLE XVII TIME LIMITATIONS CHAPTER 1. LIMITATIONS UPON INSTITUTION OF PROSECUTION Art. 571. Crimes for which there is no time limitation There is no time limitation upon the institution of prosecution for any crime for which the punishment may be death or life imprisonment or for the crime of forcible or second degree rape (R.S. […]

Art. 571.1. Time limitation for certain sex offenses

Art. 571.1. Time limitation for certain sex offenses Except as provided by Article 572, the time within which to institute prosecution of the following sex offenses, regardless of whether the crime involves force, serious physical injury, death, or is punishable by imprisonment at hard labor shall be thirty years: attempted first degree rape, also formerly […]

Art. 572. Limitation of prosecution of noncapital offenses

Art. 572. Limitation of prosecution of noncapital offenses A. Except as provided in Articles 571 and 571.1, no person shall be prosecuted, tried, or punished for an offense not punishable by death or life imprisonment, unless the prosecution is instituted within the following periods of time after the offense has been committed: (1) Six years, […]

Art. 573. Running of time limitations; exception

Art. 573. Running of time limitations; exception The time limitations established by Article 572 shall not commence to run as to the following offenses until the relationship or status involved has ceased to exist when: (1) The offense charged is based on the misappropriation of any money or thing of value by one who, by […]

Art. 573.1. Running of time limitations; exception; persons with infirmities

Art. 573.1. Running of time limitations; exception; persons with infirmities A. The time limitations established by Article 572 shall not commence to run as to any crime wherein the victim is a person with infirmities until the crime is discovered by a competent victim, or in the case of an incompetent victim, by a law […]

Art. 575. Interruption of time limitations

Art. 575. Interruption of time limitations The periods of limitation established by this Chapter shall be interrupted when the defendant: (1) For the purpose of avoiding detection, apprehension or prosecution, flees from the state, is outside the state, or is absent from his usual place of abode within the state; or (2) Lacks mental capacity […]

Art. 576. Filing of new charges upon dismissal of prosecution

Art. 576. Filing of new charges upon dismissal of prosecution When a criminal prosecution is timely instituted in a court of proper jurisdiction and the prosecution is dismissed by the district attorney with the defendant’s consent, or before the first witness is sworn at the trial on the merits, or the indictment is dismissed by […]

Art. 577. Pleading of limitation; burden of proof

Art. 577. Pleading of limitation; burden of proof The issue that a prosecution was not timely instituted may be raised at any time, but only once, and shall be tried by the court alone. If raised during the trial, a hearing thereon may be deferred until the end of the trial. The state shall not […]