CRIMINAL LAWAND PROCEDURE
148
The following amendments to this chapter
apply as follows:
(1) The amendments made to section 2 of
this chapter by P.L.309-1985 do not apply
to violations occurring before April 9,
1985.
(2) The amendments made to section 2 of
this chapter by P.L.48-2001 apply to all
crimes regardless of whether the crime
was committed before, on, or after July 1,
2001.
(3) The amendments made to section 2(f)
of this chapter by P.L.97-2004 do not apply
to offenses committed under IC 35-42-4-
3(c) and IC 35-42-4-3(d) as those provi-
sions existed before the amendment if IC
35-42-4-3 by P.L.79-1994.
35-41-4-1. Standard of proof; insanity
defense.
(a) A person may be convicted of an offense
only if his guilt is proved beyond a reasonable
doubt.
(b) Notwithstanding subsection (a), the burden
of proof is on the defendant to establish the defense
of insanity (IC 35-41-3-6) by a preponderance of
the evidence.
35-41-4-2. Periods of limitation.
(a) Except as otherwise provided in this sec-
tion, a prosecution for an offense is barred unless
it is commenced:
(1) within five (5) years after the com-
mission of the offense, in the case of a
Class B, Class C, or Class D felony (for
a crime committed before July 1, 2014) or
a Level 3, Level 4, Level 5, or Level 6
felony (for a crime committed after June
30, 2014); or
(2) within two (2) years after the com-
mission of the offense, in the case of a mis-
demeanor.
(b) A prosecution for a Class B or Class C
felony (for a crime committed before July 1,
2014) or a Level 3, Level 4, or Level 5 felony (for
a crime committed after June 30, 2014) that would
otherwise be barred under this section may be
commenced within one (1) year after the earlier
of the date on which the state:
(1) first discovers evidence sufficient to
charge the offender with the offense
through DNA (deoxyribonucleic acid)
analysis; or
(2) could have discovered evidence suf-
ficient to charge the offender with the
offense through DNA (deoxyribonucleic
acid) analysis by the exercise of due dili-
gence.
(c) A prosecution for a Class A felony (for a
crime committed before July 1, 2014) or a Level
1 felony or Level 2 felony (for a crime commit-
ted after June 30, 2014) may be commenced at any
time.
(d) A prosecution for murder may be com-
menced:
(1) at any time; and
(2) regardless of the amount of time that
passes between:
(A) the date a person allegedly com-
mits the elements of murder; and
(B) the date the alleged victim of the
murder dies.
(e) A prosecution for the following offenses
is barred unless commenced before the date that
the alleged victim of the offense reaches thirty-one
(31) years of age:
(1) IC 35-42-4-3(a) (Child molesting).
(2) IC 35-42-4-5 (Vicarious sexual grati-
fication).
(3) IC 35-42-4-6 (Child solicitation).
(4) IC 35-42-4-7 (Child seduction).
(5) IC 35-46-1-3 (Incest).
(f) A prosecution for forgery of an instru-
ment for payment of money, or for the uttering of
a forged instrument, under IC 35-43-5-2, is barred
unless it is commenced within five (5) years after
the maturity of the instrument.
(g) If a complaint, indictment, or informa-
tion is dismissed because of an error, defect, insuf-
ficiency, or irregularity, a new prosecution may be
commenced within ninety (90) days after the dis-
missal even if the period of limitation has expired
at the time of dismissal, or will expire within
ninety (90) days after the dismissal.
(h) The period within which a prosecution
must be commenced does not include any period
in which:
(1) the accused person is not usually and
publicly resident in Indiana or so con-
