Maine Criminal Statute of Limitations Laws

All states have statutes of limitations laws. These laws impose time limits for plaintiffs and prosecutors to file cases in court. The period of time allowed to file a criminal or civil action depends on the type of case and the jurisdiction.

Criminal statutes of limitations protect the defendant’s right to a speedy trial. Prosecutors must file criminal charges as soon as evidence is available and while witness recollections are fresh. Civil statutes ensure plaintiffs bring a cause of action in a timely manner, so defendants don’t have impending lawsuits hanging over their heads forever.

The Maine criminal statutes of limitation are fairly straightforward. Serious felonies and sex crimes against children have no time limits. All other felonies have six-year statutes of limitations. Misdemeanors have three-year limits. In a criminal case, it’s a viable defense to claim the prosecutor initiated the case after the statute expired.

Maine Criminal Statutes of Limitations

Code Section

• 17-A. Maine Criminal Code § 8

Felonies

• Murder, 1st or 2nd-degree criminal homicide: none
• Class A, Class B, or Class C crimes involving unlawful sexual contact or gross sexual assault: 20 yrs.
• Other felonies, Class A, Class B, or Class C crimes: 6 yrs.

Misdemeanors

• All Class D and Class E crimes have a statute of 3 years

Crimes Against Children (Under 16)

There is no statute of limitations for:

• Incest
• Unlawful sexual contact
• Sexual abuse of a minor
• Rape or gross sexual assault

Starting, Tolling, and Prosecuting a Case

A crime begins for purposes of the statute of limitations when:

• Every element of a crime is committed
• For continuing courses of conduct, when the course of conduct or the defendant’s activity in the conduct ends

The statute of limitations is suspended during any period when:

• The defendant is absent from the state, but tolling does not extend more than five years
• There is a prosecution against the same defendant for the same crime in another jurisdiction
• The defendant has a pending juvenile case based on the same conduct

Prosecution on a case begins, and the statute ends:

• On the filing of a criminal complaint
• When a grand jury returns an indictment
• The state files an information

When a Statute Has Expired

In cases where the statute of limitations has run, prosecutors may still file cases. These include:

• Breaches of fiduciary obligations, within 1 year of discovery, up to five years after the discovery of the crime
• Official misconduct by a public servant, within two years of discovery, up to five years
• If a lesser-included crime is part of a charged crime, prosecutors may still charge defendants even if the lesser-included crime’s statute has run as long as the charged crime has not

Research the Law

• Maine Law
• Official State Codes

Related Resources

• Learn About Criminal Law
• Types of Criminal Charges
• Find Your Local Maine District Attorney or Prosecutor

Have Questions About Statutes of Limitations? Get Legal Advice From a Maine Criminal Defense Attorney

When you’re facing criminal charges, you need an attorney to protect your civil rights. The statute of limitations may be a valid defense, but having an expert on your side increases your chances for success. Consider getting legal advice from an experienced Maine criminal defense attorney.