Statute of Limitations for Class D / 4th Degree Felony in American Samoa
6 min read
Published March 22, 2026 • By DocketMath Team
Overview
In American Samoa, the statute of limitations (often abbreviated “SOL”) sets a deadline for the government to file—or in some contexts, to prosecute—criminal charges. For a Class D felony (commonly discussed as a “4th degree felony” in practice), the limitation period is measured from the relevant triggering event (typically the date the offense occurred, unless a tolling rule applies).
This matters because SOL deadlines can affect whether a case is time-barred or whether certain claims must be dismissed for timeliness reasons. DocketMath’s statute-of-limitations calculator helps you translate the rules into a timeline you can review quickly—without replacing a lawyer’s review of case-specific facts.
Note: SOL analysis depends on the exact charge level, the dates alleged, and any tolling/exception provisions that may apply. A small difference in dates can change the outcome.
For DocketMath users, the goal is to make the “calendar math” transparent: provide the key inputs, show what the calculator assumes, and help you sanity-check the resulting deadline.
Limitation period
Default rule for Class D / 4th degree felony
For Class D felonies in American Samoa, the limitation period is 5 years.
That means: if the offense is alleged to have occurred on January 15, 2020, the basic SOL clock runs through January 15, 2025 (with the final day depending on how the jurisdiction counts time in the specific procedural setting).
How the clock is intended to work
While each case has its own procedural posture, the “baseline” timeline in American Samoa SOL computations is generally:
- Identify the date of the offense (or the latest date the offense is alleged to have been committed).
- Apply the 5-year limitation period for a Class D felony.
- Adjust the result if a key exception applies (see next section).
What can change the output in the calculator
DocketMath’s statute-of-limitations calculator will typically reflect two categories of changes:
- Trigger date difference
If the allegations span multiple days (for example, “on or about April 3–4”), the SOL deadline may be pegged to the last alleged date under the calculator’s assumptions. - Tolling or exception
Certain events can pause (toll) the clock or provide an extended limitation period, which pushes the deadline later.
Use the calculator to make these adjustments visible.
Key exceptions
SOL exceptions are where outcomes frequently shift. Below are practical categories to look for when reviewing whether the 5-year baseline still controls.
1) Tolling for the defendant’s absence or unavailability
Some jurisdictions toll the SOL when the defendant is absent from the jurisdiction or otherwise unavailable. In practice, prosecutors and defense counsel may argue tolling based on facts like:
- the defendant leaving the territory,
- difficulty locating the defendant, or
- periods where the defendant could not reasonably be served.
Effect on the timeline: the SOL deadline may move later by the length of the tolling period.
2) Tolling during certain procedural delays
In some settings, SOL may be affected when earlier proceedings occur (for example, re-filing after dismissal under circumstances that permit continuation). Whether this changes the SOL in American Samoa depends on the statutory text and the procedural history.
Effect on the timeline: the calculator’s “tolling” input (if available for the scenario you’re modeling) can push the deadline outward.
3) Offenses connected to continuing conduct
When the charged conduct is framed as ongoing (for example, continuing criminal conduct), the “start date” for limitation may align to the end of the continuing conduct.
Effect on the timeline: using the last date of alleged conduct instead of the first can substantially change the computed SOL deadline.
4) Charge classification mismatch risk
A common practical pitfall is assuming a charge is Class D based on a narrative, but the prosecution’s formal classification determines the SOL.
Effect on the timeline: if the classification is higher (e.g., Class C or above) or lower, the SOL period will differ.
Warning: Do not assume “4th degree felony” automatically matches your case’s statutory class. Confirm the classification actually used in the charging instrument before relying on a SOL date.
Statute citation
American Samoa’s statute of limitations framework for felonies is set out in its criminal code provisions. For Class D felonies / 4th degree felony, the limitation period is 5 years, codified under the territory’s felony SOL section.
Use the calculator for a date-specific outcome, and use the citation below as your anchor for what the calculator is modeling:
- American Samoa Code Annotated (A.S.C.A.) § 46.3101 — felony statute of limitations (includes the 5-year period for Class D felonies)
If you’re mapping multiple charge levels, keep the statutory classification straight: Class D is not the same as Class C or Class B, and those differences can change the limitation period.
Use the calculator
DocketMath’s statute-of-limitations calculator is designed to turn those rules into a clear deadline based on dates. Start here:
- Primary CTA: **/tools/statute-of-limitations
Typical inputs to enter
While interfaces can vary, the most common inputs are:
- Offense date (start / end, if applicable):
Enter the date (or latest date) alleged for the offense. - Felony class (Class D / 4th degree):
Select the charge class so the calculator uses the 5-year period. - Tolling / exception parameters (if prompted):
If the scenario involves a recognized exception, enter the relevant duration or dates so the calculator adjusts the deadline.
How output changes with each input
Use the following quick “what-if” checks:
- If you move the offense date forward by 30 days, the SOL deadline typically moves forward by 30 days (because the computation is date-driven).
- If you input a tolling period of 90 days, the SOL deadline typically moves outward by 90 days from the baseline.
- If the charge is changed from Class D to another class, the limitation period will change entirely—so the deadline can jump by years.
Example timeline (baseline, no tolling)
Assume:
- offense alleged: June 1, 2020
- classification: Class D / 4th degree felony
- no tolling/exception applied
Baseline calculation:
- limitation period: 5 years
- computed SOL deadline: June 1, 2025
Then, apply exceptions:
- add tolling days (if any) to see the adjusted deadline.
If your calculator view shows multiple dates (for example, “filing deadline” vs. “charging deadline”), choose the one that matches the question you’re evaluating.
Sources and references
Start with the primary authority for American Samoa and confirm the effective date before relying on any output. If the rule has been amended, update the inputs and rerun the calculation.
Related reading
- Choosing the right statute of limitations tool for Vermont — Tool comparison
- Choosing the right statute of limitations tool for Connecticut — Tool comparison
