Minn. Stat. § 628.26 : CRIMINAL PROCEDURE; PEASE OFFICERS; PRIVACY OF COMMUNICATIONS — ACCUSATION; CHARGING INSTRUMENTS —INDICTMENTS; COMPLAINTS — LIMITATIONS

(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 60925. may be found or made at any time after the commission of the offense.

(c) Indictments or complaints for violation of section 609282. 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 609282. 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 609322., 609342. to 609345., and 6093458. may be found or made at any time after the commission of the offense.

(f) Indictments or complaints for violation of sections 609466. and 60952., 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.

(g) Indictments or complaints for violation of section 6092335., 60952., 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 609527. 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.

(h) Except for violations relating to false material statements, representations or omissions, indictments or complaints for violations of section 609671. shall be found or made and filed in the proper court within five years after the commission of the offense.

(i) Indictments or complaints for violation of sections 609561. to 609563., shall be found or made and filed in the proper court within five years after the commission of the offense.

(j) 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.

(k) 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.

(l) 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.

(m) 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 299C155., unless the defendant demonstrates that the prosecuting or law enforcement agency purposefully delayed the DNA analysis process in order to gain an unfair advantage.

Minn. Stat. § 628.26

(10655) RL s 5313; 1976 c 184 s 1; 1982 c 432 s 1; 1984 c 419 s 2; 1984 c 496 s 1; 1986 c 351 s 21; 1Sp1986 c 3 art 1 s 78; 1987 c 254 s 12; 1987 c 267 s 4; 1988 c 712 s 20; 1989 c 290 art 4 s 17; 1991 c 232 s 3; 1993 c 326 art 4 s 36; art 5 s 12; 1994 c 636 art 2 s 64; 1995 c 226 art 2 s 35; 2000 c 311 art 4 s 9; 2001 c 7 s 89; 2005 c 136 art 17 s 52; 2009 c 59 art 5s 20; 2009 c 119s 18; 2015 c 65 art 6 s 21; 2016 c 121 s 1

Amended by 2021SP1 Minn. Laws, ch. 11,s 4-29, eff. 9/15/2021.

Amended by 2020 Minn. Laws, ch. 83,s 1-97, eff. 8/1/2020.

Amended by 2016 Minn. Laws, ch. 121,s 1, eff. 8/1/2016.

Amended by 2015 Minn. Laws, ch. 65,s 6-21, eff. 8/1/2015.