Minnesota Criminal Statute of Limitations

Below is a summary of the statute of limitation periods for criminal cases in the state of Minnesota. Statutes of limitations set forth the time period within which the state must commence a case against someone for a crime. If the state tries to bring an action against someone after the applicable time period has passed, the person charged can have the case dismissed. For certain types of crimes, there is no statute of limitations and the state never loses its right to prosecute for the offense.

Minn. Stat. Ann. 628.26

No statute of limitations: Murder, kidnapping, and labor trafficking if victim was under 18

Labor trafficking where victim is 18 years or older: within 6 years after the offense

Criminal sexual conduct in 1st degree, 2nd degree, 3rd degree, or 4th degree where victim was under 18: within 9 years after the offense or 3 years after the offense is reported to law enforcement authorities, whichever is later

Criminal sexual conduct in 1st degree, 2nd degree, or 3rd degree where DNA evidence is used: no statute of limitations. If DNA evidence is not used and the victim was 18 or older: within 9 years after date of offense

Medical assistance fraud or reimbursement fraud: within 6 years after the offense

Financial exploitation of a vulnerable adult or theft involving a forged check or a reimbursement claim for medical care where the value involved is more than $35,000: within 5 years after the offense

Environmental claims for hazardous waste and water pollution: within 5 years after the offense

Arson in the 1st, 2nd, or 3rd degree: within 5 years after the offense

All other crimes: within 3 years after the commission of the offense

Tolling Provisions

The statute of limitations does not run during any period that:

  • the defendant was not an inhabitant or resident of the state
  • the offender participated by written agreement in a pretrial diversion program
  • physical evidence relating to the offense was undergoing DNA analysis

Back to State Criminal Defense Statutes

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