Legal Question in Criminal Law in California

The statute of limitations will depend on the seriousness of the violation.

Violation of Penal Code section 261.5(b) is a misdemeanor and has a one year statute of limitations.

Violation of Penal Code section 261.5(c) can be charged as either a felony or a misdemeanor and has a three year statute of limitations.

Violation of Penal Code section 261.5(d) is a straight felony and has a three year statute of limitations.

These statutes of limitations start running from the date of offense, regardless of when the crime was reported. There are other Penal Code sections tolling the statutes of limitations of certain sex crimes against minors where the statute of limitations begins running after the age of 18. This does not apply to charges under Penal Code 261.5 for statutory rape.