Minnesota Criminal Statute of Limitations: Time Limits to File Criminal Charges

The law sets deadlines for prosecutors to file criminal charges. These deadlines, known as the criminal statute of limitations, are primarily governed by Minn. Stat. § 628.26. While many offenses are subject to a general three-year limitation period, the statute provides different deadlines for specific crimes, including no statute of limitations for murder and other offenses resulting in death, as well as extended or unlimited periods for certain criminal sexual conduct offenses. The law also includes tolling provisions and exceptions that may extend the filing period.

Understanding these deadlines from Martine Law is important for anyone facing an investigation or attempting to understand Minnesota criminal procedure.

What Is the Criminal Statute of Limitations?

The criminal statute of limitations is the statutory period within which the State must commence a criminal prosecution by filing a complaint or obtaining an indictment. It does not establish a deadline for completing an investigation, making an arrest, or bringing a case to trial. The applicable limitations period is determined by Minn. Stat. § 628.26, which prescribes different filing deadlines for different categories of offenses. 

The statute also identifies offenses for which no limitation period applies and sets forth circumstances that suspend or extend the limitations period. Once the applicable period expires, a defendant may seek dismissal of charges that are filed outside the statutory deadline unless the State establishes that an applicable exception preserves the prosecution.

Know more – I Was Questioned by Police but Not Charged, What Happens Now?

Time Limits to File Criminal Charges

The statute does not impose a single deadline for every offense. Instead, it establishes varying limitation periods depending on the nature of the alleged crime.

*This table summarizes common limitation periods under Minn. Stat. § 628.26. The applicable deadline depends on the specific offense and statutory provisions in effect on the date of the alleged offense.

Know more – Time Constraints: Statute of Limitations on Assault and Battery in Minnesota

How Long Can You Be Charged with a Crime?

There is no universal answer. Some offenses must be charged within three years. Others permit prosecution five or six years after the offense. Certain crimes, including murder, kidnapping, and qualifying criminal sexual conduct offenses, may be prosecuted without any statute of limitations. The applicable deadline depends on the offense charged and any statutory exception.

Three-Year General Limitation Period

The law provides that, unless another subdivision establishes a different limitations period, an indictment must be found or a complaint filed within three years after the commission of the offense. This three-year period functions as the default rule for offenses that are not assigned a longer or unlimited filing period elsewhere in the statute. Because numerous exceptions exist, the general rule should not be assumed to apply solely because an offense is classified as either a felony or misdemeanor.

Offenses With No Statute of Limitations

The law does not impose a statute of limitations for:

• Murder 
• Any crime resulting in the death of the victim 
• Kidnapping 

These offenses may be prosecuted regardless of how much time has passed since the alleged crime occurred. The absence of a filing deadline reflects the Legislature’s determination that certain offenses are sufficiently serious to remain prosecutable indefinitely.

Extended Limitation Periods for Criminal Sexual Conduct

Criminal sexual conduct offenses are governed by several specialized provisions within the statute. Depending on the offense, the age of the alleged victim, and the law in effect when the offense allegedly occurred, prosecution may be subject to:

• An extended statutory filing period, or 
• No statute of limitations. 

Because the state has amended these provisions multiple times, determining the applicable limitations period frequently requires examining both the offense date and the version of Minn. Stat. § 628.26 then in effect.

Date of the Offense Vs. Date Charges Are Filed

One common misconception is that the statute of limitations begins when police identify a suspect or make an arrest. Instead, the limitations period generally runs from the date the offense was committed. The relevant deadline concerns when the prosecution commences, meaning when an indictment is returned, or a criminal complaint is filed within the applicable statutory period.

Tolling and DNA Exceptions

Circumstances That Suspend the Limitation Period

The law recognizes circumstances in which the limitations period is suspended, commonly referred to as tolling. Examples include:

• The defendant is not usually and publicly resident within Minnesota. 
• The defendant participates in a written pretrial diversion program for the offense. 

The period during which tolling applies is excluded when calculating the filing deadline.

DNA Testing Exception

The statute also excludes time during which physical evidence is undergoing DNA analysis. However, this exclusion does not apply if the defendant establishes that the prosecution or law enforcement intentionally delayed DNA testing for the purpose of extending the limitations period or obtaining a tactical advantage.

Felony and Misdemeanor Statute of Limitations

The state does not establish one statute of limitations for all felonies and another for all misdemeanors. Instead, the applicable filing period depends on the specific criminal offense. As a result:

• Some felonies remain subject to the three-year general limitation period. 
• Others carry longer statutory deadlines. 
• Certain felony offenses have no limitation period. 
• Many misdemeanor offenses fall within the general three-year rule unless another statute provides otherwise. 

Determining the correct filing deadline requires reviewing both the charged offense and the governing statutory provisions.

What if Charges Are Filed After the Deadline?

If criminal charges are commenced after the applicable statute of limitations has expired, a defendant may move to dismiss the prosecution. A court evaluating such a motion will determine:

• The applicable statutory limitation period
• The date the offense allegedly occurred
• The date the prosecution commenced
• Whether any tolling provision or statutory exception applies

If the court concludes that the limitations period expired before the prosecution was commenced and no exception preserves the State’s authority to proceed, the charges may be dismissed as time-barred.

Facing Criminal Charges After Many Years?

The Minnesota criminal statute of limitations establishes important deadlines for when prosecutors may commence a criminal case, but those deadlines are not the same for every offense. The applicable limitation period depends on the specific crime, and exceptions such as tolling provisions, DNA testing, and offenses with no statute of limitations can significantly affect whether charges may still be filed. If you have learned that you are under investigation or have been charged with a crime, do not assume the filing deadline was calculated correctly. 

Martine Law represents clients in misdemeanor and felony cases. If you have questions about the statute of limitations or any criminal charge, call (612) 979-1305 anytime to schedule a free, confidential case review and discuss your legal options with an experienced Minnesota criminal defense lawyer.

Frequently Asked Questions

Does the statute of limitations begin when the crime is discovered?

Not always. For many Minnesota offenses, the statute of limitations begins when the alleged offense is committed. However, the law provides special rules for certain crimes, including some fraud-related offenses and criminal sexual conduct cases, where the limitations period may be measured differently under the applicable statutory provision.

Does leaving Minnesota permanently prevent criminal charges from being filed?

No. A person does not avoid prosecution by moving out of state. The statute of limitations may be tolled while the defendant is not usually and publicly resident within Minnesota, potentially extending the time available to commence a prosecution.

Can the defendant waive the statute of limitations?

Generally, no. The statute of limitations is established by law and is not automatically waived. However, whether the defense is preserved may depend on how and when it is raised during the criminal proceedings. A defendant should discuss the issue with defense counsel.

Does the statute of limitations apply to juvenile delinquency cases?

Juvenile delinquency proceedings are governed primarily by Minnesota’s juvenile court laws and procedural rules, which differ from adult criminal prosecutions. Whether a statute of limitations applies depends on the nature of the proceeding and the specific law involved.

Does the statute of limitations apply differently to conspiracy charges?

It can. The applicable limitations period depends on the specific conspiracy offense charged and the governing statute. In some circumstances, the limitations period may begin when the conspiracy ends or when the last overt act required by law occurs.