What is the Statute of Limitations on federal crimes?

The Statute of Limitations on federal crimes in Delaware is set forth in the federal statute, 18 U.S.C § 3282. This law provides that no person “shall be prosecuted, tried, or punished” for any federal offense unless the indictment is returned within five years after the offense was committed, with some exceptions. Any indictment which is found and returned after that five-year period is considered untimely. However, there are several exceptions to this rule, which allow the federal government to prosecute offenses after the Statute of Limitations has expired. These exceptions include: when the offense involved could have resulted in a death penalty, when the defendant hid as a fugitive from justice, or when the defendant was outside of the jurisdiction of the court during the applicable Statute of Limitations period. In Delaware, some federal offenses are subject to a longer Statute of Limitations period than five years. For example, certain federal tax offenses have a ten year Statute of Limitations period, while certain civil cases involving fraud can have a twenty year Statute of Limitations period. Additionally, for federal offenses which require an extension of the Statute of Limitations period, such an extension may be extended for an additional four years. Therefore, the Statute of Limitations on federal crimes in Delaware can vary greatly, depending on the type and severity of the offense. Generally, however, the Statute of Limitations for a federal crime is five years, unless an exception applies or an extension has been granted.

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