Section 152 - [Multiple versions] Statute of limitationsA. Prosecutions for the crimes of bribery, embezzlement of public money, bonds, securities, assets or property of the state or any county, school district, municipality or other subdivision thereof, or of any misappropriation of public money, bonds, securities, assets or property of the state or any county, school district, municipality or other subdivision thereof, falsification of public records of the state or any county, school district, municipality or other subdivision thereof, and conspiracy to defraud the State of Oklahoma or any county, school district, municipality or other subdivision thereof in any manner or for any purpose shall be commenced within seven (7) years after the discovery of the crime; provided, however, prosecutions for the crimes of embezzlement or misappropriation of public money, bonds, securities, assets or property of any school district, including those relating to student activity funds, or the crime of falsification of public records of any independent school district, the crime of criminal conspiracy, the crime of embezzlement pursuant to Sections 1451 through 1461 of Title 21 of the Oklahoma Statutes, the crime of False Personation or Identity Theft pursuant to Sections 1531 through 1533.3 of Title 21 of the Oklahoma Statutes, the financial exploitation of a vulnerable adult pursuant to Sections 843.1, 843.3 and 843.4 of Title 21 of the Oklahoma Statutes, or Medicaid fraud pursuant to Section 1005 of Title 56 of the Oklahoma Statutes, shall be commenced within five (5) years after the discovery of the crime.B. Prosecutions for criminal violations of any state income tax laws shall be commenced within five (5) years after the commission of such violation.C.1. Prosecutions for sexual crimes against children, specifically rape or forcible sodomy, sodomy, lewd or indecent proposals or acts against children, involving minors in pornography pursuant to Section 886, 888, 1111, 1111.1, 1113, 1114, 1021.2, 1021.3, 1040.12a or 1123 of Title 21 of the Oklahoma Statutes, child abuse pursuant to Section 843.5 of Title 21 of the Oklahoma Statutes, and child trafficking pursuant to Section 866 of Title 21 of the Oklahoma Statutes shall be commenced by the forty-fifth birthday of the alleged victim. Prosecutions for such crimes committed against victims eighteen (18) years of age or older, and sexual abuse of a vulnerable adult pursuant to Section 843.1 of Title 21 of the Oklahoma Statutes shall be commenced within twelve (12) years after the discovery of the crime. As used in this paragraph, "discovery" means the date that a physical or sexually related crime involving a victim eighteen (18) years of age or older is reported to a law enforcement agency.2. However, prosecutions for the crimes listed in paragraph 1 of this subsection may be commenced at any time after the commission of the offense if: a. physical evidence is collected and preserved that is capable of being tested to obtain a profile from deoxyribonucleic acid (DNA), andb. the identity of the offender is subsequently established through the use of a DNA profile using evidence listed in subparagraph a of this paragraph. A prosecution under this exception must be commenced within three (3) years from the date on which the identity of the suspect is established by DNA testing.
3. No prosecution under this subsection shall be based upon the memory of the victim that has been recovered through psychotherapy unless there is some evidence independent of such repressed memory.4. Any person who knowingly and willfully makes a false claim pursuant to this subsection or a claim that the person knows lacks factual foundation may be reported to local law enforcement for criminal investigation and, upon conviction, shall be guilty of a felony.D. Prosecutions for criminal violations of any provision of the Oklahoma Wildlife Conservation Code shall be commenced within three (3) years after the commission of such offense.E. Prosecutions for the crime of criminal fraud or workers' compensation fraud pursuant to Section 1541.1, 1541.2, 1662 or 1663 of Title 21 of the Oklahoma Statutes shall commence within three (3) years after the discovery of the crime, but in no event greater than seven (7) years after the commission of the crime.F. Prosecution for the crime of false or bogus check pursuant to Section 1541.1, 1541.2, 1541.3 or 1541.4 of Title 21 of the Oklahoma Statutes shall be commenced within five (5) years after the commission of such offense.G. Prosecution for the crime of solicitation for murder in the first degree pursuant to Section 701.16 of Title 21 of the Oklahoma Statutes shall be commenced within seven (7) years after the discovery of the crime. For purposes of this subsection, "discovery" means the date upon which the crime is made known to anyone other than a person involved in the solicitation.H. In all other cases a prosecution for a public offense must be commenced within three (3) years after its commission.I. Prosecution for the crime of accessory after the fact must be commenced within the same statute of limitations as that of the felony for which the person acted as an accessory.J. Prosecution for the crime of arson pursuant to Section 1401, 1402, 1403, 1404 or 1405 of Title 21 of the Oklahoma Statutes shall be commenced within seven (7) years after the commission of the crime.K. Prosecutions for criminal violations in which a deadly weapon is used to commit a felony or prosecutions for criminal violations in which a deadly weapon is used in an attempt to commit a felony shall be commenced within seven (7) years after the commission of the crime.L. Prosecutions for the crime of human trafficking pursuant to Section 748 of Title 21 of the Oklahoma Statutes shall be commenced within three (3) years after discovery of the crime. For purposes of this subsection, "discovery" means the date upon which the crime is reported to a law enforcement agency.Okla. Stat. tit. 22, § 152
Amended by Laws 2024 , c. 310, s. 1, eff. 11/1/2024.Amended by Laws 2022 , c. 174, s. 1, eff. 11/1/2022.Amended by Laws 2017 , c. 134, s. 2, eff. 11/1/2017.Amended by Laws 2016 , c. 19, s. 1, eff. 11/1/2016.Amended by Laws 2015 , c. 290, s. 2, eff. 11/1/2015.R.L. 1910, § 5625; Amended by Laws 1943, SB 79, p. 84, § 2, emerg. eff. 4/12/1943; Amended by Laws 1945, HB 22, p. 97, § 1, emerg. eff. 2/1/1945; Amended by Laws 1965, SB 245, c. 245, § 1, emerg. eff. 6/16/1965; Amended by Laws 1968, SB 748, c. 218, § 1, emerg. eff. 4/23/1968; Amended by Laws 1983, SB 182, c. 74, § 1, eff. 11/1/1983; Amended by Laws 1985, HB 1368, c. 112, § 5, eff. 11/1/1985; Amended by Laws 1986, HB 1939, c. 218, § 2, emerg. eff. 6/9/1986; Amended by Laws 1989, HB 1514, c. 348, § 14, eff. 11/1/1989; Amended by Laws 1990, SB 450, c. 308, § 1, emerg. eff. 5/30/1990; Amended by Laws 1991, HB 1619, c. 182, § 64, eff. 9/1/1991; Amended by Laws 1994, 2nd Extr. Sess., HB 1002, c. 1, § 2, eff. 11/4/1994; Amended by Laws 2000 , HB 1881, c. 245, § 3, eff. 11/1/2000; Amended by Laws 2001 , SB 451, c. 18, § 2, emerg. eff. 7/1/2001; Amended by Laws 2002 , HB 2790, c. 475, § 3, eff. 8/23/2002; Amended by Laws 2005 , HB 1013, c. 101, § 1, eff. 11/1/2005; Amended by Laws 2006 , HB 2480, c. 126, § 1, eff. 11/1/2006; Amended by Laws 2006 , SB 1793, c. 215, § 2, emerg. eff. 7/1/2006; Amended by Laws 2007 , HB 1285, c. 25, § 1, eff. 11/1/2007; Amended by Laws 2007 , SB 905, c. 358, § 4, emerg. eff. 7/1/2007; Amended by Laws 2008 , SB 1950, c. 434, § 1, eff. 11/1/2008; Amended by Laws 2009 , HB 1008, c. 51, § 1, eff. 11/1/2009; Amended by Laws 2009 , HB 2029, c. 234, §130, emerg. eff. 5/21/2009; Amended by Laws 2009 , HB 1413, c. 93, § 1, eff. 11/1/2009 (repealed by Laws 2020 , SB 2113, c. 2, § 7, emerg. eff. 3/3/2010); Amended by Laws 2010 , SB 2113, c. 2, § 6, emerg. eff. 3/3/2010; Amended by Laws 2010 , HB 2865, c. 96, § 1, eff. 11/1/2010.This section is set out more than once due to postponed, multiple, or conflicting amendments.