North Dakota Criminal Statute of Limitations Laws

The state must file criminal charges within a certain period of time, called the criminal statute of limitations. These time limits vary by the type of crime, and the most serious crimes, such as murder, often have no statute of limitations. The clock usually begins running on the day the crime was committed, but there are some exceptions.

These time limits balance interests and maintain fairness, accuracy, and efficiency. The statutes of limitations help preserve evidence (including witness testimony) and prevent prosecutors from threatening criminal charges indefinitely. Time limits usually differ according to crime classification, such as felony or misdemeanor.

If you're facing criminal charges, hire a criminal defense attorney immediately.

North Dakota Criminal Statute of Limitations at a Glance

As in virtually all other states, North Dakota does not have a statute of limitations for murder. Also, when the victim of the crime is under 15, the statute of limitations does not begin to run until they reach 15. All misdemeanors in the state have a two-year statute of limitations.

Below are more details of North Dakota's time limits for criminal charges. To learn about similar time limits used in civil law, see Time Limits to Bring a Case: The Statute of Limitations.

Disclaimer: State laws may change at any time through a number of ways, including the enactment of newly signed legislation and the decisions of higher courts. While we strive to ensure the accuracy of these pages, you also may want to contact a North Dakota criminal defense attorney or conduct your own legal research to verify the state laws you are researching.

Tolling and Exceptions

In North Dakota, certain felony offenses, particularly sex crimes involving a child victim, have exceptions to the statutes of limitations. The limitations period may be extended based on the child victim's years of age, giving law enforcement more time to investigate and file charges. Beyond sex crimes, other serious offenses, such as murder, are also exceptions, with no statute of limitations, allowing prosecution at any time. These exceptions ensure that people involved in severe crimes can still face justice, even after many years.

Research the Law

• North Dakota Law
• Official State Codes — Links to the official online statutes (laws) in all 50 states and D.C.

Get Legal Advice on North Dakota's Criminal Statutes of Limitations

If you're facing a legal issue involving North Dakota's criminal statutes of limitations, it's important to understand the amount of time available for filing charges. These time limits vary depending on the offense. A North Dakota criminal law attorney can offer a thorough case evaluation, helping you navigate these laws' complexities and protect your rights. Consulting with an expert will clarify how the statute of limitations may affect your specific case.