How long does the prosecutor have to actually file charges or drop the matter completely?

Full question:

How long, after receiving a complaint of child molestation, does the prosecutor have to actually file charges or drop the matter completely?

  • Category: Criminal
  • Date:
  • State: Louisiana

Answer:

Louisiana

Criminal Prosecutions

Code Crim.Proc.Ann.art.571;572;573

The statute of limitations for aggravated battery against a victim under 17 years of age will not begin until the victim reaches 17 years of age.
There is no statute of limitations for forcible rape.
The statute of limitations for any sex offense extends if DNA testing can establish the identity of the suspect, and in that case it extends for a period within 3 years after identification of the suspect.

Generally,the following statutes of limitations apply:

For a felony necessarily punishable by imprisonment at hard labor,it is a period within 6 years after
commission of the offense.

For a felony not necessarily punishable by imprisonment at hard labor,it is a period within 4 years aftercommission of the offense.
For a misdemeanor punishable by a fine,imprisonment,or both,it is a period within 2 years after
commission of the offense.

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Civil Actions

Rev.Stat.§ 9::2800.9;Civ.Code art.29

The statute of limitations for certain offenses extends for a minor entitled to file a claim for a period of 10 years after he or she reaches 18 years of age.The offenses included are:

Sexual abuse of a minor

Physical abuse of a minor resulting in permanent impairment or permanent physical injury or scarring

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

The duration of child exploitation cases can vary significantly based on the complexity of the case, the number of witnesses, and the evidence available. Generally, investigations can take several months to years. Factors such as the need for forensic analysis or cooperation with other agencies can extend the timeline. Once charges are filed, the legal process can also take additional time, depending on court schedules and the specifics of the case.