Does the statute of limitations apply to delayed discovery?

California, United States of America


The following excerpt is from People v. Lucaci, E072740 (Cal. App. 2020):

In regard to delayed discovery, the statutory language appears to describe the actual discovery of the crime as the starting point for the statute of limitations, but common law has long held that the statute of limitations " 'commences to run . . . after one has knowledge of facts sufficient to make a reasonably prudent person suspicious of fraud, thus putting him on inquiry.' " (People v. Zamora (1976) 18 Cal.3d 538, 561-562.) That means the prosecution must demonstrate "(1) when and how the facts concerning the fraud became known . . . ; (2) lack of knowledge prior to that time; [and] (3) that [there were] no means of knowledge or notice which followed by inquiry would have shown at an earlier date the circumstances upon which the [charge] is founded." (Id. at p. 562.)

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