(a) Indictments or complaints for any crime resulting in the death of the victim may be found or made at any time after the death of the person killed.
(b) Indictments or complaints for a violation of section 609.25 may be found or made at any time after the commission of the offense.
(c) Indictments or complaints for violation of section 609.282 may be found or made at any time after the commission of the offense if the victim was under the age of 18 at the time of the offense.
(d) Indictments or complaints for violation of section 609.282 where the victim was 18 years of age or older at the time of the offense, or 609.42, subdivision 1, clause (1) or (2), shall be found or made and filed in the proper court within six years after the commission of the offense.
(e) Indictments or complaints for violation of sections 609.322, 609.342 to 609.345, and 609.3458 may be found or made at any time after the commission of the offense.
(f) Indictments or complaints for a violation of section 609.561 shall be found or made and filed in the proper court within ten years after the commission of the offense.
(g) Indictments or complaints for violation of sections 609.466 and 609.52, subdivision 2, paragraph (a), clause (3), item (iii), shall be found or made and filed in the proper court within six years after the commission of the offense.
(h) Indictments or complaints for violation of section 609.2335, 609.52, subdivision 2, paragraph (a), clause (3), items (i) and (ii), (4), (15), or (16), 609.631, or 609.821, where the value of the property or services stolen is more than $35,000, or for violation of section 609.527 where the offense involves eight or more direct victims or the total combined loss to the direct and indirect victims is more than $35,000, shall be found or made and filed in the proper court within five years after the commission of the offense.
(i) Except for violations relating to false material statements, representations or omissions, indictments or complaints for violations of section 609.671 shall be found or made and filed in the proper court within five years after the commission of the offense.
(j) Indictments or complaints for violation of sections 609.562 and 609.563, shall be found or made and filed in the proper court within five years after the commission of the offense.
(k) Indictments or complaints for violation of section 609.746 shall be found or made and filed in the proper court within the later of three years after the commission of the offense or three years after the offense was reported to law enforcement authorities.
(l) In all other cases, indictments or complaints shall be found or made and filed in the proper court within three years after the commission of the offense.
(m) The limitations periods contained in this section shall exclude any period of time during which the defendant was not an inhabitant of or usually resident within this state.
(n) The limitations periods contained in this section for an offense shall not include any period during which the alleged offender participated under a written agreement in a pretrial diversion program relating to that offense.
(o) The limitations periods contained in this section shall not include any period of time during which physical evidence relating to the offense was undergoing DNA analysis, as defined in section 299C.155, unless the defendant demonstrates that the prosecuting or law enforcement agency purposefully delayed the DNA analysis process in order to gain an unfair advantage.
Notes of Decisions
Cited in
40
cases (
3 in the last 5 years), 1954–2025 · leading case:
Reed v. State, 793 N.W.2d 725 (Minn. 2010).
Reed v. State, 793 N.W.2d 725 (Minn. 2010).
· cites it 12× “See Minn.Stat. § 628.26 (1974) 2 (stating the limitations period for all crimes, except murder, is three years).”
State v. Lawrence, 312 N.W.2d 251 (Minn. 1981).
· cites it 10× “Had the legislature wished to except or extend the limitation on the crime of concealing stolen property [2] or other crimes, it could easily have done so. In recognition of the dangers associated with allowing prosecutions to "ferment endlessly in the files," [3] legislative…”
State v. Traczyk, 421 N.W.2d 299 (Minn. 1988).
· cites it 14× “Also the 1984 legislature renumbered Minn. Stat. § 628.26 (d) to Minn.Stat. § 628.”
State v. Burns, 524 N.W.2d 516 (Minn. Ct. App. 1994).
· cites it 12× “We therefore need not defer to the trial court's findings regarding the validity of Minn.Stat. § 628.26(c) (1992) (limitation on indictments or complaints for criminal sexual conduct if victim was under age 18).”
State v. Pettee, 538 N.W.2d 126 (Minn. 1995).
· cites it 8× “Minn.Stat. § 628.26(a) (1992). There are, however, statutory periods of limitation governing the initiation of prosecution *137 for violation of other sections of the Minnesota Criminal Code.”
Johnson v. Fabian, 735 N.W.2d 295 (Minn. 2007).
· cites it 4× “Minn.Stat. § 628.26(k) (2006). Because Henderson asserted under oath on January 25, 2002, that he did not have sexual contact with the victim, the state would have been free to use any admission he might have made in the context of sex offender treatment as the basis of a…”
State v. Grose, 387 N.W.2d 182 (Minn. Ct. App. 1986).
· cites it 4× “See Minn.Stat. § 628.26(e) (1984). On June 3, 1985 the grand jury returned *185 with an indictment based on allegations that respondent aided and abetted Colleen Patrick in committing perjury; the nest day an indictment that respondent aided and abetted Michael Patrick in…”
State v. Johnson, 422 N.W.2d 14 (Minn. Ct. App. 1988).
· cites it 4× “While we need not reach appellant’s argument regarding the applicable statute of limitations, we note the trial court, the state, and appellant all have differing interpretations of Minn.Stat. § 628.26 and its various amendments.”
State v. DeWitt, 389 N.W.2d 722 (Minn. 1986).
· cites it 19× “64, subdivision 1 to include criminal prosecutions would allow open-ended criminal prosecutions due to the tolling provisions in subdivision 2.”
State v. French, 392 N.W.2d 596 (Minn. Ct. App. 1986).
· cites it 6× “Defendant moved to dismiss the complaints on the grounds that the prosecution was barred by the statute of limitations, Minn.Stat. § 628.26 (1978). The State argued that the three-year statute of limitations had been tolled by defendant’s coercive use of his authority over the…”
State v. Shamp, 422 N.W.2d 736 (Minn. Ct. App. 1988).
· cites it 4× “432, § 2. Thus the time to initiate prosecution for any act occurring before that date was within three years of the alleged occurrence of the crime.”
State v. Carlson, 845 N.W.2d 827 (Minn. Ct. App. 2014).
· cites it 4× “” Minn. Stat. § 628.26 (j) (2004). In this case, the state filed an amended complaint identifying appellant by his name almost six years after the date of the offense.”
— Minn. Stat. § 628.26(1) — 1 case
— Minn. Stat. § 628.26(a) — 2 cases
State v. Pettee, 538 N.W.2d 126 (Minn. 1995).
“Minn.Stat. § 628.26(a) (1992). There are, however, statutory periods of limitation governing the initiation of prosecution *137 for violation of other sections of the Minnesota Criminal Code.”
— Minn. Stat. § 628.26(b) — 1 case
State v. Pettee, 538 N.W.2d 126 (Minn. 1995).
“Minn.Stat. § 628.26(a) (1992). There are, however, statutory periods of limitation governing the initiation of prosecution *137 for violation of other sections of the Minnesota Criminal Code.”
— Minn. Stat. § 628.26(c) — 5 cases
State v. Burns, 524 N.W.2d 516 (Minn. Ct. App. 1994).
“We therefore need not defer to the trial court's findings regarding the validity of Minn.Stat. § 628.26(c) (1992) (limitation on indictments or complaints for criminal sexual conduct if victim was under age 18).”
State v. Traczyk, 421 N.W.2d 299 (Minn. 1988).
“Also the 1984 legislature renumbered Minn. Stat. § 628.26 (d) to Minn.Stat. § 628.”
State v. Shamp, 422 N.W.2d 736 (Minn. Ct. App. 1988).
“432, § 2. Thus the time to initiate prosecution for any act occurring before that date was within three years of the alleged occurrence of the crime.”
— Minn. Stat. § 628.26(c)(1984) — 1 case
State v. Traczyk, 421 N.W.2d 299 (Minn. 1988).
“Also the 1984 legislature renumbered Minn. Stat. § 628.26 (d) to Minn.Stat. § 628.”
— Minn. Stat. § 628.26(d) — 4 cases
State v. Traczyk, 421 N.W.2d 299 (Minn. 1988).
“Also the 1984 legislature renumbered Minn. Stat. § 628.26 (d) to Minn.Stat. § 628.”
— Minn. Stat. § 628.26(e) — 7 cases
State v. Grose, 387 N.W.2d 182 (Minn. Ct. App. 1986).
“See Minn.Stat. § 628.26(e) (1984). On June 3, 1985 the grand jury returned *185 with an indictment based on allegations that respondent aided and abetted Colleen Patrick in committing perjury; the nest day an indictment that respondent aided and abetted Michael Patrick in…”
State v. Traczyk, 421 N.W.2d 299 (Minn. 1988).
“Also the 1984 legislature renumbered Minn. Stat. § 628.26 (d) to Minn.Stat. § 628.”
State v. DeWitt, 389 N.W.2d 722 (Minn. 1986).
“64, subdivision 1 to include criminal prosecutions would allow open-ended criminal prosecutions due to the tolling provisions in subdivision 2.”
— Minn. Stat. § 628.26(g) — 1 case
— Minn. Stat. § 628.26(h) — 1 case
— Minn. Stat. § 628.26(k) — 2 cases
Johnson v. Fabian, 735 N.W.2d 295 (Minn. 2007).
“Minn.Stat. § 628.26(k) (2006). Because Henderson asserted under oath on January 25, 2002, that he did not have sexual contact with the victim, the state would have been free to use any admission he might have made in the context of sex offender treatment as the basis of a…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.