Statute of Limitations for Class D / 4th Degree Felony in Oregon

6 min read

Published March 22, 2026 • By DocketMath Team

This article is for informational purposes only and does not constitute legal advice. Laws change frequently — verify all citations with current official sources.

Overview

In Oregon, the statute of limitations sets a deadline for the state to file criminal charges after an alleged offense occurs. For a Class D felony—often described in practice as a 4th degree felony depending on the charging label—the limitation period is generally tied to the offense’s classification under Oregon law.

This post focuses on the Oregon rules applicable to Class D felony prosecutions, including how the deadline is calculated, what can extend it, and the specific statutory authority that governs limitation periods.

Warning: Statute-of-limitations issues can turn on case-specific facts (for example, whether events occurred in Oregon, whether the defendant was absent from the state, or whether an indictment was timely filed but later amended). Use the DocketMath calculator for a baseline and verify key dates against the charging documents.

For quick action, start at DocketMath’s dedicated calculator:

Primary CTA: /tools/statute-of-limitations

Limitation period

Baseline rule for Class D felony

Under Oregon’s general statute-of-limitations framework for felonies, the limitation period for a Class D felony is typically:

6 years from the date the crime was committed.

This means that if the alleged offense date is January 15, 2020, the state generally must file the charging instrument (e.g., an indictment or information, depending on procedure) no later than January 15, 2026—subject to any exceptions and tolling rules described below.

How the deadline shifts when dates change

The calculator is designed to show how the “last possible day” moves as you update inputs. Common scenarios include:

Different offense date: Moving the offense date forward/back changes the entire limitation window.
Different filing date you’re evaluating: If you’re checking whether a charge was timely, substitute the actual filing/charging date in the tool.
Tolling or exceptions apply: Certain events can pause (“toll”) the clock or extend it beyond the baseline 6 years.

Practical checklist to determine what to enter

Use the following to gather the minimum data that the deadline analysis needs:

Key exceptions

Oregon’s limitation clock is not always a simple “6 years and done.” Multiple mechanisms can extend or affect timing. While the exact application is fact-driven, these are the categories you should know to avoid an incorrect baseline conclusion.

1) Tolling when the defendant is absent from the state

A common exception in many limitation schemes is tolling during periods when the defendant is absent from Oregon. If the statute provides that the limitations period pauses while the defendant is not within Oregon, then the end date moves later.

How this affects the calculation:

Baseline: offense date + 6 years
With tolling: add the number of days (or the portion of time) during the tolling period

What to do in practice:

Identify credible start/end dates for the absence period if they exist in the case record.
Enter those dates into DocketMath if your workflow supports tolling inputs.

Note: When tolling is at issue, the precision of dates matters. A difference of even weeks can shift the “last timely date,” especially if you’re comparing against a filing date near the cutoff.

2) Interruption by timely filing (or charging instrument)

If a charging instrument is filed within the limitation period, the case generally isn’t barred by the expiration of time—even if later events (amendments, superseding indictments, refiled counts) occur after the deadline.

How this affects the calculation:

Your analysis should compare the limitation cutoff to the actual filing date of the operative charging document—not just later procedural steps.

3) Statutory exceptions by offense type

Some crimes have special limitations rules, including longer periods or different treatment altogether. For Class D felonies, the baseline is commonly 6 years, but the label attached to the case can be misleading if the prosecution is actually for a different offense classification.

Practical caution:

Verify the offense classification used in the charging document and match it to the statute.

4) Special rules related to discovery in particular contexts

Some limitation schemes incorporate special rules for when the clock starts (for example, discovery-based triggers) in specific categories. Oregon’s framework is generally offense-class based, but the presence of specialized provisions is something to check rather than assume the baseline applies mechanically.

Action step:

If the case involves an unusual fact pattern (e.g., fraud-related timing, identity issues, or delayed reporting tied to a statutory structure), use DocketMath to compute the baseline and then flag the case for an exception check.

5) Multiple counts / different alleged conduct dates

When charges cover conduct occurring on different dates, the limitations analysis may differ count by count.

How to handle it:

Compute for each alleged offense date associated with each count where possible.
Then compare each count’s computed deadline to the filing date for that count.

Statute citation

Oregon’s statute-of-limitations rules for felony prosecutions are codified in the Oregon Revised Statutes.

Oregon Revised Statutes (ORS) 131.125 — statute of limitations for offenses (including felony classes)

Pitfall: The term “Class D felony” is a classification, but criminal paperwork sometimes uses different wording (for example, “4th degree felony”) or reflects amendments. Always tie your limitation analysis to the actual classification and the charging instrument.

Use the calculator

Use DocketMath to compute the limitations cutoff date for a Class D felony (Oregon) and to test how different dates affect the result.

Recommended workflow

Open the tool: **/tools/statute-of-limitations
Select:
- Jurisdiction: Oregon (US-OR)
- Offense level/class: Class D felony (4th degree felony as used in practice)
Enter:
- Offense date (the date the crime was committed)
- Filing/charge date (if you’re assessing timeliness)
If the scenario suggests tolling/exception time:
- Add tolling inputs using the calculator’s controls (or document the relevant time periods for manual comparison if the tool workflow is simpler).

What the output should help you do

DocketMath’s outputs typically enable you to answer:

Timeliness check: Was the filing date on or before the computed cutoff?
Cutoff date awareness: What is the last day the prosecution could file under the baseline?
Sensitivity: How much extension occurs if an absence period or other exception changes the effective end date?

Example (baseline only)

Offense date: March 1, 2020
Baseline limitation: 6 years
Baseline cutoff: March 1, 2026

If the filing date is February 20, 2026, the baseline supports timeliness. If the filing date is March 10, 2026, the baseline suggests the charge may be late—subject to exceptions/tolling.

Remember: this example ignores exceptions; the calculator is where you incorporate additional inputs that affect the timeline.

Sources and references

Start with the primary authority for Oregon and confirm the effective date before relying on any output. If the rule has been amended, update the inputs and rerun the calculation.

Or. Rev. Stat. § 12.010