                                 CODE OF VIRGINIA

LIMITATION OF PROSECUTIONS (§ 19.2-8)

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.

HISTORY: 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.