North Dakota Criminal Statute of Limitations

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Below is a summary of the statute of limitation periods for criminal cases in North Dakota. Statutes of limitations set forth the time period within which the state must commence a case 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. In general, violent crimes have a longer statute of limitations, and with some crimes there is no statute of limitations. In certain instances, the statute of limitations may be tolled, or suspended, which grants the state additional time to commence a legal action.

N.D. Cent. Code 29-04-01

Murder: no statute of limitations

All other felonies: 3 years

Gross sexual imposition: 7 years

Misdemeanor or infraction: 2 years

Sexual abuse with victim under 18: 7 years or 3 years after offense reported

Sexual crime with victim under 15: statute of limitations begins when victim turns 15

Tolling Provisions

The statute of limitations does not run during any time that defendant is:

  • out of state
  • not an inhabitant or resident of the state

Back to State Criminal Defense Statutes

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