Statute of Limitations tolled for "all offenses," State v. Bess, 2010-Ohio-3292
A statute of limitations provides a limit as to how long the State has to commence a criminal prosecution against a defendant. The Ohio Supreme Court has stated that the purpose of the SOL is "to discourage inefficient or dilatory law enforcement." In Ohio, R.C. 2901.13 states the limits on State prosecutions. For example, the State is barred from commencing a prosecution against a defendant for most felonies after six years. But what if the defendant just hides in Alaska for six years? R.C. 2901.13(G) states that the limitations period "shall not run during any time when the accused purposely avoids prosecution."
The Ohio Supreme Court just made life easier for the State (again). In a case in which an accused fled the jurisdiction to avoid prosecution for molesting his girlfriend's daughter, the OSC ruled that the statute of limitations was also "tolled" (did not run) on the prosecution of the accused for the molestation of her brother too, even though her brother did not report the abuse to anyone until after the statute of limitations had run.
The Ohio Supreme Court held that "R.C. 2901.13(G) tolls the statute of limitations for all offenses committed by an accused during the time when the accused purposely avoids prosecution for any offense." But read the well-reasoned dissent here. Or review the oral argument here.
