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HB 2453

Provides that prosecutions for offenses under chapter 566 may be commenced at any time

2026 Regular Session Introduced by Lilly Fuchs

Prosecutions for sexual offenses under chapter 566 may be commenced at any time, removing the statute of limitations for these crimes.

Referred: Emerging Issues(H)
#courts #crimesandpunishment #criminalprocedure #sexualoffenses
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Bill Summary · HB 2453

Overview

House Bill 2453 (2026, Missouri) proposes to repeal current time-limit statutes for certain sexual offenses and to enact a new provision that allows prosecutions for offenses under chapter 566 (which includes various sexual offenses) to be commenced at any time. In effect, the bill removes the statute of limitations for these offenses.

Main purpose and intent

  • Eliminate the statute of limitations for sexual offenses under chapter 566, enabling prosecutors to file charges at any time after the alleged offense.
  • Align the treatment of sexual offenses with the stated intent of strengthening accountability for such crimes, regardless of how much time has passed since the offense occurred.

Key provisions and changes

  • Repeals Sections 556.036 and 556.037, RSMo, and enacts a new Section 556.036.
  • New Section 556.036(1): Prosecution for murder, rape in the first degree, forcible rape, attempted rape in the first degree, attempted forcible rape, sodomy in the first degree, forcible sodomy, attempted sodomy in the first degree, attempted forcible sodomy, an offense under chapter 566, or any class A felony may be commenced at any time (no time limit).
  • New Section 556.036(2): Retains standard governing time limitations for other offenses (felonies, misdemeanors, infractions) with specified periods:
    • Felony: three years (subject to exceptions)
    • Misdemeanor: one year
    • Infraction: six months
    • Certain class B felonies or specific drug-related or similar offenses: five years
  • New Section 556.036(3): Allows exceptions to the general limitation periods in three situations:
    • Fraud or breach of fiduciary obligation discovered by an aggrieved party or representative (with a three-year maximum extension)
    • Misconduct in office by a public officer or employee (up to three-year extension)
    • Fraudulent claim of child support arrearage to a public servant (up to three-year extension)
  • New Section 556.036(4): Defines when an offense is considered committed and when time starts (generally when every element occurs; start the day after the offense is committed).
  • New Section 556.036(5): Specifies when a prosecution is commenced (misdemeanor/infraction when information is filed; felony when complaint or indictment is filed).

  • New Section 556.036(6): Enumerates circumstances that toll the limitation period (e.g., accused’s absence from state, concealment, ongoing prosecution, mental fitness issues, or a DNA profile development scenario with eventual identification).

  • Note: The bill expressly repeals and replaces the existing separate section on “unlawful sexual offenses” (original 556.037) which previously allowed prosecutions for certain sexual offenses involving a person under 18 to commence at any time.

Who/what is affected

  • Offenders and alleged perpetrators of offenses under chapter 566, including a broad range of sexual offenses.
  • Prosecutors and law enforcement in Missouri, who would operate under a no-time-limit regime for these offenses.
  • The public, particularly victims of sexual offenses, who may benefit from a potential for timely or belated prosecutions when evidence is discovered or when the offender is identified later.

Procedural and timeline aspects

  • Effective change: Prosecutions for specified sexual offenses can be commenced at any time, removing prior statutes of limitation constraints.
  • Time-limitation framework retained for other offenses, with explicit periods and tolling provisions.
  • Tolling and discovery rules maintained: certain circumstances grant extensions but with caps (maximum three-year extensions in listed scenarios).
  • Filing mechanics: misdeamenor/infraction prosecutions begin with an information; felonies require a complaint or indictment.
  • DNA-related tolling provision: time is tolled from DNA profile development until identification by name, but only up to three years beyond the standard period.

Summary assessment

HB 2453 significantly expands prosecutorial latitude for sexual offenses by removing statutes of limitations for those crimes, potentially increasing the ability to bring charges long after an offense occurs. It preserves a structured framework for other offenses and includes targeted tolling provisions. Supporters would argue it improves accountability and victim justice; opponents might raise concerns about the risks of delayed prosecutions and evidentiary challenges due to time elapsed.

Compiled from official sources — confirm details with the bill’s official record.

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