Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

Office of the Revisor of Statutes

628.26 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 609.25 may be found or made at
any time after the commission of the offense.
(c) Indictments or complaints for violation of section 609.282 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 609.282 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 609.342 to 609.345 if the victim was
under the age of 18 years at the time the offense was committed, shall be found or made and
filed in the proper court within nine years after the commission of the offense or, if the victim
failed to report the offense within this limitation period, within three years after the offense
was reported to law enforcement authorities.
(f) Notwithstanding the limitations in paragraph (e), indictments or complaints for violation
of sections 609.342 to 609.344 may be found or made and filed in the proper court at any time
after commission of the offense, if physical evidence is collected and preserved that is capable of
being tested for its DNA characteristics. If this evidence is not collected and preserved and the
victim was 18 years old or older at the time of the offense, the prosecution must be commenced
within nine years after the commission of the offense.
(g) Indictments or complaints for violation of sections 609.466 and 609.52, subdivision 2,
clause (3), item (iii), shall be found or made and filed in the proper court within six years after the
commission of the offense.
(h) Indictments or complaints for violation of section 609.52, subdivision 2, 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, shall be found or made and filed in the proper court within five years
after the commission of the offense.
(i) Except for violations relating to false material statements, representations or omissions,
indictments or complaints for violations of section 609.671 shall be found or made and filed in the
proper court within five years after the commission of the offense.
(j) Indictments or complaints for violation of sections 609.561 to 609.563, shall be found or
made and filed in the proper court within five years after the commission of the offense.
(k) 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.
(l) 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.
(m) 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.
(n) 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 299C.155, unless the defendant demonstrates that the prosecuting or law enforcement
agency purposefully delayed the DNA analysis process in order to gain an unfair advantage.
History: (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