Generally speaking, there are timelines outlined by law governing when criminal offenses can be charged by the State of Minnesota. Those timelines are called the “statute of limitations” and they start running once the crime itself occurs. However, there are exceptions to this general rule.
There are crimes which have no limitations period under Minnesota law. Homicide; kidnapping; labor trafficking of individuals under 18; solicitation, inducement, and promotion of prostitution; sex trafficking; criminal sexual conduct; and sexual extorsion are some of these crimes. This means that an indictment or complaint may be found or made at any time after the crime occurs. In layman’s terms, this means the crime can be charged at any point regardless of how much time has passed.
Minnesota recently eliminated the statute of limitations on sexual assault cases. This new law took effect September 15, 2021 and is not applied retroactively. Meaning, incidents which occurred before that date, are still governed by the old statute of limitations. Thus, if you are concerned about being charged or reporting a crime which occurred before September 15, 2021, you need to look at the timeline which was in place at the time of the offense.
Crimes Resulting in the Death of Another Person
Under Minnesota Statute § 628.26, there is no limitations period for any crime resulting in the death of another person. Crimes resulting in the death of another person include murder in the first, second, and third degrees; manslaughter in the first and second degrees; and criminal vehicular homicide.
Kidnapping
There is also no limitations period for kidnapping, which is defined in Minnesota Statute § 609.25 as requiring the following elements:
- Confining or removing from one place to another;
- Any person without the person’s consent or, if the person is under the age of 16, without the consent of their parents or custodian; and
- For one of the following purposes:
- To hold the individual for ransom or reward for release;
- To facilitate the commission of a felony or flight;
- To commit great bodily harm or to terrorize any person; or
- To hold the individual in involuntary servitude.
Labor Trafficking of Individuals Under 18
Convictions or complaints for labor trafficking under Minnesota Statute § 609.282 may also be found or made at any time after the commission of the offense if the alleged victim was under the age of 18 at the time of the offense. It is worth noting that the consent or age of the alleged victim is not a defense.
Solicitation, Inducement, and Promotion of Prostitution; Sex Trafficking
Minnesota Statute § 628.26 also lists solicitation, inducement, and promotion of prostitution and sex trafficking as charges that do not invoke a limitations period. These crimes are both charged under Minnesota Statute § 609.322 and may each be in the first or second degree.
Criminal Sexual Conduct
Criminal sexual conduct under Minnesota Statutes §§ 609.342 through 609.345 may be in the first, second, third, or fourth degree. Each degree of criminal sexual conduct is not subject to a limitations period.
Sexual Extorsion
Under Minnesota Statute § 628.26, there is no limitations period for sexual extortion. Sexual extortion, as defined in Minnesota Statute § 609.3458, is a felony that carries different penalties depending on the facts of the case.
To summarize, there are multiple criminal offenses in Minnesota that can be charged at any point regardless of how much time has passed. If you are charged with a criminal offense or concerned charges may be forthcoming, reach out to one of our attorneys to discuss your options.