Under FCA 302.2, the statute of limitations for JD misdemeanors ends at the earlier of two dates: two years after the offense or the respondent's eighteenth birthday. Which is correct?

Under FCA 302.2, the statute of limitations for JD misdemeanors ends at the earlier of two dates: two years after the offense or the respondent's eighteenth birthday. Which is correct?

• A. Two years
• B. Eighteenth birthday
• C. Both dates
• D. Twenty-second birthday

Answer: (B)

The key idea is that the clock for JD misdemeanors stops at the date that comes first between two possibilities: two years after the offense and the respondent’s eighteenth birthday. In practice, for many JD cases the turning of 18 occurs before the two-year period after the offense has run its course, so the eighteenth birthday ends up being the controlling date. For example, if the offense happens at age 16, two years after would be 18, which aligns with the birthday date; if it happens at 17, the birthday at 18 comes first. Because those common scenarios make the eighteenth birthday the earlier date, selecting the eighteenth birthday reflects the intended limit. (Note that in other, less typical cases where the offense occurs very young, two years after the offense could occur before turning 18, but the rule requires taking the earlier of the two dates.)

The key idea is that the clock for JD misdemeanors stops at the date that comes first between two possibilities: two years after the offense and the respondent’s eighteenth birthday. In practice, for many JD cases the turning of 18 occurs before the two-year period after the offense has run its course, so the eighteenth birthday ends up being the controlling date. For example, if the offense happens at age 16, two years after would be 18, which aligns with the birthday date; if it happens at 17, the birthday at 18 comes first. Because those common scenarios make the eighteenth birthday the earlier date, selecting the eighteenth birthday reflects the intended limit. (Note that in other, less typical cases where the offense occurs very young, two years after the offense could occur before turning 18, but the rule requires taking the earlier of the two dates.)