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  1. #1
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    Aug 2008
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    Question Homicide by DUI, Statute of Limitations

    My question involves criminal law for the state of: Pennsylvania. Someone that I am very close to is awaiting charges on what may be homicide by DUI in York county, PA. I am looking for statute of limitations on this charge but cannot seem to find any.

  2. #2
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    Default Re: Homicide by DUI Statutes of Limitation

    5551: No limitation:

    A violation of 75 Pa.C.S. 3742 (relating to accidents involving death or personal injury) or 3732 (relating to homicide by vehicle) if the accused was the driver of a vehicle involved in an accident resulting in the death of any person.


    http://members.aol.com/StatutesPA/42.Cp.55.html

  3. #3
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    Default Re: Homicide by DUI Statutes of Limitation

    I'm just asking because I'm unsure, but I thought there was never a statute of limitations on homocides...

  4. #4
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    Default Re: Homicide by DUI Statutes of Limitation

    Quote Quoting mmmagique
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    I'm just asking because I'm unsure, but I thought there was never a statute of limitations on homocides...

    There is not, for intentional/premeditated homicide, or under the Felony homicide rule, but the death was caused by a "motor vehicle", so it may have been negligent/reckless in manner, and may be afforderd a SOL in some states??

    I did not want to just give blanket answer of NO SOL, since the death was by car. I just can not say, without checking further in some states, if any have a SOL for vehicular manslaughter/homicide, DUI death etc., etc??

  5. #5
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    Default Re: Homicide by DUI Statutes of Limitation

    Quote Quoting mmmagique
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    I'm just asking because I'm unsure, but I thought there was never a statute of limitations on homocides...
    Here is one example of a SOL.

    Florida:

    (a) A prosecution for a felony of the first degree must be commenced within 4 years after it is committed.

    (b) A prosecution for any other felony must be commenced within 3 years after it is committed.



    http://www.leg.state.fl.us/Statutes/...n%2015#0775.15


    782.071 Vehicular homicide.--"Vehicular homicide" is the killing of a human being, or the killing of a viable fetus by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another.

    (1) Vehicular homicide is:

    (a) A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

    (b) A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if:



    http://www.leg.state.fl.us/Statutes/...20071#0782.071

    Now, this addresses reckless operation. Of course a person could "intentionally" murder another by means of a motor vehicle, so that would be deliberate murder.

  6. #6
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    Louisville, KY
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    Default Re: Homicide by DUI, Statute of Limitations

    hmmm...interesting...

    If I had a diabolical, evil imagination, that is.

    Which of course I don't!

    ~Christina

  7. #7
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    Default Re: Homicide by DUI, Statute of Limitations

    Quote Quoting mmmagique
    View Post
    hmmm...interesting...

    If I had a diabolical, evil imagination, that is.

    Which of course I don't!

    ~Christina
    You can't fool us now!!!


    Here is another state's, as I found several more in a search. In may past studies, I knew motor vehicle deaths were treated sometimes different from intentional homicides, not only in SOL's, but penalty wise. Some states have revised thier SOL's in recent years, as an example, Kentucky has NO SOL on ANY felony.

    As I Noted in PA, although there is NO SOL, I did not check the penalty, although I am sure it is not equated with intentional homicide??

    Just as there are various degrees on NON motor vehicle related deaths. That is why states classify Manslaughter, etc. also. It is still a "homicide" BUT the criminal state of mind, mens rea, is a key element, thus a possible lesser dgree of crime.

    Iowa: 3 year SOL:

    707.6A Homicide or serious injury by vehicle.
    1. A person commits a class B felony when the person unintentionally causes the death of another by operating a motor vehicle while intoxicated, as prohibited by section 321J.2 .


    802.3 Felony aggravated or serious misdemeanor.
    In all cases, except those enumerated in section 802.1 , 802.2 , 802.2A , or 802.10 , an indictment or information for a felony or aggravated or serious misdemeanor shall be found within three years after its commission.

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