# Question about Statue of Limitations -- when do you count from? **URL:** \ **Category:** Factual Questions\ **Created:** [September 30, 2015, 2:44pm UTC](https://boards.straightdope.com/t/question-about-statue-of-limitations-when-do-you-count-from/733042 "2015-09-30T14:44:45Z")\ **Posts on this page:** 15\ **Page:** 1
**Author:** ![StarvingButStrong](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/starvingbutstrong/32/335_2.png) [@StarvingButStrong](https://boards.straightdope.com/u/StarvingButStrong)\ **Post date:** [September 30, 2015, 2:44pm UTC](https://boards.straightdope.com/t/question-about-statue-of-limitations-when-do-you-count-from/733042/1 "2015-09-30T14:44:45Z")
From when the crime is committed, or when it’s discovered? As in, suppose I inherit a diamond tiara. Not leading a life that generally calls for me to wear it, I plunk the case into my safety deposit box, and there it sits. Or so I think. Then ten years later I get invited to a royal wedding (or whatever) and discover that the tiara has been stolen. Somehow the police establish that it was the Evil Bank Manager who took it – but they can’t say when it happened. Assuming that the SOL is, say, seven years, could the EBM get off scott free by proving he took it nine years earlier? (I dunno, maybe he posted a picture of himself wearing it on Facebook nine years ago.) And, even if he can’t be tried, can he still be made to cough up the tiara, or what it’s worth, to me? Failing that, could I at least rat him out to the IRS and get the reward, assuming he didn’t report it as income? ---
**Author:** ![Si\_Amigo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/si_amigo/32/2877_2.png) [@Si\_Amigo](https://boards.straightdope.com/u/Si_Amigo)\ **Post date:** [September 30, 2015, 3:03pm UTC](https://boards.straightdope.com/t/question-about-statue-of-limitations-when-do-you-count-from/733042/2 "2015-09-30T15:03:00Z")
It’s stolen property and would be returned to it’s rightful owner no matter how long the theft possessed it. This is common practice with stolen works of art throughout the world. IANAL but I’d say the **statute** starts when the discovery of theft is made. Not sure when or why a statue would be started. 😃 And why would they trust the theft to tell them when to start the timeline? ---
**Author:** ![ThelmaLou](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/thelmalou/32/390_2.png) [@ThelmaLou](https://boards.straightdope.com/u/ThelmaLou)\ **Post date:** [September 30, 2015, 3:04pm UTC](https://boards.straightdope.com/t/question-about-statue-of-limitations-when-do-you-count-from/733042/3 "2015-09-30T15:04:36Z")
> [@Si\_Amigo](#): > > It’s stolen property and would be returned to **it’s** rightful owner no matter how long you possessed it. This is common practice with works of art throughout the world. … My emphasis. “Its” “It’s” is a contraction of “it is.” “Its” is the possessive. ---
**Author:** ![jimbuff314](https://avatars.discourse-cdn.com/v4/letter/j/c57346/32.png) [@jimbuff314](https://boards.straightdope.com/u/jimbuff314)\ **Post date:** [September 30, 2015, 3:23pm UTC](https://boards.straightdope.com/t/question-about-statue-of-limitations-when-do-you-count-from/733042/4 "2015-09-30T15:23:08Z")
Hey. In **Leo Bloom** ’s thread asking whether he killed his a/c, **Joey P** used the contraction “it’s” incorrectly as well. Just FYI and … don’t become a slacker. ---
**Author:** ![Channing\_Idaho\_Banks](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/channing_idaho_banks/32/250_2.png) [@Channing\_Idaho\_Banks](https://boards.straightdope.com/u/Channing_Idaho_Banks)\ **Post date:** [September 30, 2015, 3:33pm UTC](https://boards.straightdope.com/t/question-about-statue-of-limitations-when-do-you-count-from/733042/5 "2015-09-30T15:33:23Z")
Well, if we’re going to be pedantic, we’re writing about statutes, not statues. ---
**Author:** ![dracoi](https://avatars.discourse-cdn.com/v4/letter/d/90db22/32.png) [@dracoi](https://boards.straightdope.com/u/dracoi)\ **Post date:** [September 30, 2015, 4:06pm UTC](https://boards.straightdope.com/t/question-about-statue-of-limitations-when-do-you-count-from/733042/6 "2015-09-30T16:06:01Z")
I don’t know about general criminal law, but IRS statutes of limitation usually start ticking when a return is filed. Three years to audit for any reason, six years if there’s a substantial mis-statement of income. No limit if tax fraud is committed, but tax fraud requires that they show criminal intent, which means “Oops, I forgot to report it” is a pretty strong defense against fraud. The IRS then has to show that you knew about it and that you intended to not report it. So… after nine years, you’re probably out of luck with the IRS too. ---
**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\ **Post date:** [September 30, 2015, 4:13pm UTC](https://boards.straightdope.com/t/question-about-statue-of-limitations-when-do-you-count-from/733042/7 "2015-09-30T16:13:31Z")
As long as we’re nitpicking, it’s scot free not scott free. Unless we’re talking about the comic book character Mr. Miracle. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [September 30, 2015, 4:14pm UTC](https://boards.straightdope.com/t/question-about-statue-of-limitations-when-do-you-count-from/733042/8 "2015-09-30T16:14:33Z")
> [@StarvingButStrong](#): > > From when the crime is committed, or when it’s discovered? It depends on the crime and jurisdiction, but generally the statute begins to run from the commission of the crime. [Florida](http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0775/Sections/0775.15.html), like many states, makes exceptions for crimes involving victims who are minors, violent crimes where DNA evidence identifies the perpetrator after the general statute has run, and a few others. The SOL on inchoate crimes like conspiracy and other crimes which may be ongoing generally doesn’t beginning until the defendant stops committing that crime. ---
**Author:** ![StarvingButStrong](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/starvingbutstrong/32/335_2.png) [@StarvingButStrong](https://boards.straightdope.com/u/StarvingButStrong)\ **Post date:** [September 30, 2015, 4:19pm UTC](https://boards.straightdope.com/t/question-about-statue-of-limitations-when-do-you-count-from/733042/9 "2015-09-30T16:19:05Z")
Geez, not one of my better posts…sorry! So no revenge via the law OR the IRS. I guess it’s time to turn to other methods. Like cages full of starving rats… ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [September 30, 2015, 4:23pm UTC](https://boards.straightdope.com/t/question-about-statue-of-limitations-when-do-you-count-from/733042/10 "2015-09-30T16:23:43Z")
There will be a separate statute of limitations for a civil action for the return of personal property, like a tiara. Generally it will be less than nine years. ---
**Author:** ![AK84](https://avatars.discourse-cdn.com/v4/letter/a/85e7bf/32.png) [@AK84](https://boards.straightdope.com/u/AK84)\ **Post date:** [September 30, 2015, 4:25pm UTC](https://boards.straightdope.com/t/question-about-statue-of-limitations-when-do-you-count-from/733042/11 "2015-09-30T16:25:59Z")
_Generally,_ criminal limitation starts from when the crime was committed. Civil ones from date of knowledge. ---
**Author:** ![slash2k](https://avatars.discourse-cdn.com/v4/letter/s/439d5e/32.png) [@slash2k](https://boards.straightdope.com/u/slash2k)\ **Post date:** [September 30, 2015, 4:45pm UTC](https://boards.straightdope.com/t/question-about-statue-of-limitations-when-do-you-count-from/733042/12 "2015-09-30T16:45:41Z")
Concealment may (MAY) toll the statute of limitations for both civil and criminal prosecutions, depending on state and details. ---
**Author:** ![zimaane](https://avatars.discourse-cdn.com/v4/letter/z/a3d4f5/32.png) [@zimaane](https://boards.straightdope.com/u/zimaane)\ **Post date:** [September 30, 2015, 8:34pm UTC](https://boards.straightdope.com/t/question-about-statue-of-limitations-when-do-you-count-from/733042/13 "2015-09-30T20:34:11Z")
Could you elaborate on “concealment” ? Don’t criminals almost always conceal their crimes? (except for the ones who brag about it on social media- kids these days!) ---
**Author:** ![DrCube](https://avatars.discourse-cdn.com/v4/letter/d/a3d4f5/32.png) [@DrCube](https://boards.straightdope.com/u/DrCube)\ **Post date:** [September 30, 2015, 9:37pm UTC](https://boards.straightdope.com/t/question-about-statue-of-limitations-when-do-you-count-from/733042/14 "2015-09-30T21:37:45Z")
Isn’t the possession of stolen goods itself a crime, barring a defense like “I bought it at a yard sale and didn’t know it was stolen”? So simply possessing the stolen tiara would be a crime unless the evil banker can show he didn’t steal it, and the statute of limitations wouldn’t run out because the crime is still ongoing? Not an expert here. But I think that’s what **slash** was referring to re: concealment. Concealing a crime is something that is ongoing, and so the SOL won’t run out. So if they can’t get them for theft, they can get them for concealing the theft. ---
**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\ **Post date:** [September 30, 2015, 9:57pm UTC](https://boards.straightdope.com/t/question-about-statue-of-limitations-when-do-you-count-from/733042/15 "2015-09-30T21:57:14Z")
> [@DrCube](#): > > Isn’t the possession of stolen goods itself a crime, barring a defense like “I bought it at a yard sale and didn’t know it was stolen”? So simply possessing the stolen tiara would be a crime unless the evil banker can show he didn’t steal it, and the statute of limitations wouldn’t run out because the crime is still ongoing? Not an expert here. But I think that’s what **slash** was referring to re: concealment. Concealing a crime is something that is ongoing, and so the SOL won’t run out. So if they can’t get them for theft, they can get them for concealing the theft. Doesn’t possession require knowledge of the crime, or reasonable belief? The way I heard it explained, I.e. if I buy a stolen TV for $10, I should have known it was stolen; if I paid the going rate for a second-hand TV… not guilty. So if banker dude’s defense is “I found it discarded in the alley beside the bank the morning after Halloween and never suspected it was real” he’d be scott free, no kilt. I also thought I read (here?) once that the statute of limitations did not apply once charges were laid, the person now became a wanted man instead, and sometimes DA’s will lay charges against “John Doe with this DNA” to ensure the crime get prosecuted. After all, you do not have to have the person’s exact name etc. to issue a warrant - just something more definite other than “some guy to be identified later”.