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Tex. Code Crim. Proc. art. 12.02

MISDEMEANORS

Applied in 1 court decision — leading case DeMoss v. State (1999)

Most recently applied in DeMoss v. State (December 1999)

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722

(a) Except as provided by Subsections (b) and (c), the following charging instruments may be presented within two years from the date of the commission of the offense, and not afterward:

(1) an indictment or information for any Class A or Class B misdemeanor; and

(2) a complaint or information for any Class C misdemeanor.

(b) An indictment, information, or complaint, as applicable, for assault under Section 22.01, Penal Code, may be presented within three years from the date of the commission of the offense, and not afterward, if the offense:

(1) is punishable as a misdemeanor; and

(2) was committed against a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code.

(c) An indictment or information, as applicable, for failure to report child abuse or neglect may be presented within three years from the date the offense was discovered, and not afterward, if the offense is punishable as a Class A misdemeanor under Section 261.109(c), Family Code.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.