Minnesota Criminal Statute of Limitations Laws

All states have time limits on how long prosecutors have to file charges against a would-be defendant. These laws are criminal statutes of limitations. These state laws ensure a more efficient criminal justice system by forcing factfinders to determine guilt based on relatively fresh witness testimony and physical evidence.

Requiring prosecutors to pursue criminal charges within a specific period also prevents them from indefinitely threatening criminal penalties.

For some crimes, such as murder, there are no statutes of limitations. These crimes are so severe that lawmakers want to ensure the state brings the criminals to justice. For other felonies and misdemeanors, the statute of limitations period ranges from three to nine years.

Here, we'll discuss how the Minnesota statutes of limitations work and explain the filing deadlines for the most common crimes. We will also provide links to the actual laws if you wish to research your criminal case further.

If you're facing criminal charges and need legal advice, contact an experienced criminal law attorney in Minnesota

Minnesota Criminal Statute of Limitations at a Glance

In the State of Minnesota, as in other states, the statutes of limitations vary for different types of crimes. For example, misdemeanors carry a three-year statute of limitations, while the time limits for felonies range from three to nine years.

For more serious crimes, such as murder or sex trafficking of minors, Minnesota law gives prosecutors an unlimited amount of time to pursue criminal charges.

The chart below summarizes Minnesota's criminal statute of limitations.

Code section

Minn. Stat. Ann. Section 628.26

Felonies

There are no statutes of limitation for the following crimes:

  • Murder/manslaughter
  • Kidnapping
  • Human trafficking/labor trafficking (there is no time limit if the victim is younger than 18. There is a six-year statute of limitations if the victim is over 18.)
  • All sex crimes, including, sex trafficking, criminal sexual conduct, sexual assault

The statutes of limitations for other felonies are as follows:

Six Years:

  • Bribery involving a public officer or employee
  • Medical assistance fraud
  • Employer wage theft

Five Years:

  • Financial exploitation of a vulnerable adult
  • Check forgery exceeding $35,000 in stolen property or services
  • Identity theft or credit card fraud with either eight or more direct victims or losses exceeding $35,000
  • Environmental crimes involving pollution and disposal and transport of hazardous waste/harmful substances
  • Arson
  • All other felonies have a three-year time limit
Misdemeanors

Unless Minnesota law states otherwise, the statute of limitations for all misdemeanors, including DUI/DWI, is three years.

Acts during which the statute does not run

Any period in which the defendant:

  • Lives out of state
  • Participates in a pretrial diversion program

Any period involving DNA analysis related to the crime unless the defendant can show the state intentionally delayed prosecution to gain an unfair advantage.

Disclaimer: State laws are constantly changing. We strive to maintain accurate and up-to-date state law summaries, but you may want to contact a Minnesota criminal defense attorney or conduct legal research to verify your state laws.

A Minnesota Criminal Defense Attorney Can Help

If you're facing criminal charges and need legal advice, contact an experienced criminal law attorney in Minnesota. Even if you only face misdemeanor charges, the penalties may still be stiff.

A skilled criminal lawyer will help craft a solid defense strategy and work to negotiate a favorable plea bargain on your behalf.

Minnesota Criminal Statute of Limitations: Related Resources

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