Why isn't there a statute of limitations in North Texas megachurch founder Robert Morris' child sex abuse case?
Morris resigned from Gateway Church last year following allegations that he had sexual relations in Oklahoma with a then 12-year-old girl, Cindy Clemishire, four decades ago.
During the 1980s, Morris was a traveling preacher and came in contact with Clemishire because he would often stay with her family when he was in the area preaching.
The allegations against Morris were first published Friday by The Wartburg Watch, a North Carolina-based church watchdog blog. The Christian Post then picked up the story.
Clemishire, now 55, confirmed she is the unnamed victim in the indictment. She told CBS News Texas that she was in the courtroom when the indictment was read.
The indictment was announced by the office of Oklahoma Attorney General Gentner Drummond. A multi-county grand jury investigation resulted in five felony counts.
Drummond said at the time of the alleged " lewd or indecent acts with a child," Morris was not a resident of the state.
As such, Drummond said he is interpreting state law as that the statute of limitations will not apply. It is something Morris' attorneys will likely challenge.
In Oklahoma, statutes of limitations for both civil and criminal cases vary depending on the specific action or crime, ranging from one year to 10 years, with some offenses having no statute of limitations.
According to the Oklahoma Court of Criminal Appeals, the statute of limitations begins to run and the alleged offense has been "discovered" when any person, including the victim, other than the alleged wrongdoer or someone in equal fault, knows of both the act and its criminal nature.
Oklahoma law also states that if the alleged wrongdoer did not reside within the state, the prosecution can argue that the statute of limitations has tolled, which suspends or extends the statute of limitations period.
A date for an initial court appearance has not yet been set. Currently, court documents do not show that Morris is represented by an attorney.
Bond for the former Gateway Church pastor has been set at $50,000 and Oklahoma officials said they expect Morris to surrender himself early next week.
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