Michigan · Statute
Michigan's longer deadline to charge sex crimes
Bench Watch Brief · Where it stands
Since April 2, 2025, Michigan prosecutors have 15 years, or until the survivor's 42nd birthday, whichever is later, to charge second- and third-degree criminal sexual conduct. First-degree has no limit. The change doesn't apply to older cases.
What it does
Second- and third-degree criminal sexual conduct can be charged within 15 years, or by the survivor's 42nd birthday, whichever is later. If there's DNA from an unidentified person, the clock starts when that person is identified (MCL 767.24).
Fourth-degree criminal sexual conduct still has a 10-year limit, or until the survivor's 21st birthday, whichever is later (MCL 767.24).
For second- and third-degree, the limit used to be 10 years or the survivor's 21st birthday for adult survivors, and 15 years or the 28th birthday for survivors under 18, whichever was later (House Fiscal Agency).
First-degree criminal sexual conduct can be charged “at any time.” The 2024 changes apply only to crimes committed on or after April 2, 2025, and “do not apply retroactively” (MCL 767.24).
Why it matters
Untested kits can sit for years. Whether a case can still be charged when a kit is finally tested depends on these deadlines. The 2012 Lansing case that reached the Court of Appeals in 2026 was first-degree, so no deadline applied (opinion).
The cases behind it
Video · WDIV Local 4AppealDecidedPeople of the State of Michigan v. Marshawn James Curtis
Mich. Ct. App. · No. Mich. Ct. App. No. 369945
A rape kit from a 2012 Lansing assault sat untested after prosecutors declined to charge. Sent to a lab in 2016 as part of a statewide initiative, the kit's DNA was later matched to Marshawn James Curtis, whom an Ingham County jury convicted of first-degree criminal sexual conduct in 2023. The Michigan Court of Appeals upheld the conviction on March 19, 2026, and court records show no further appeal.
Updated November 14, 2026 · 2 min read
Timeline
Sources
- MCL 767.24 (compiled)Statute
- HB 4485 (2023–24)Other
- House Fiscal Agency analysisOther
