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. Crimes may have no statute of limitations or a statute of limitations of six, five, or three years. See Part 1 of this blog series for more information on crimes without limitations periods and Part 2 of this blog series for more information on crimes with a six-year limitations period.
This blog discusses crimes that have a five-year limitations period under Minnesota law. This means that the crime must be charged within five years of commission of the offense. 1
CRIME | SUMMARY |
Certain Theft Cases | When the value of the property or service stolen is more than $35,000, cases involving the following must be charged within five years: financial transaction card fraud, check forgery, theft with the intent to defraud, theft by swindle, theft by false representation, and financial exploitation of a vulnerable adult. Identity theft with either 8 or more victims or a combined loss of over $35,000 must also be charged within five years.
Certain theft allegations can be aggregated under Minnesota Law. Meaning, if you commit multiple thefts over a six-month period, the State can combine the monetary amounts from each individual theft to meet the $35,000 threshold. If this happens, the statute of limitations may begin after commission of the last offense. |
Environmental Cases | Except for violations relating to false material statements, representations, or omissions, environmental charges must be brought within five years. Environmental crimes include unlawful disposal of hazardous waste, water pollution, and air pollution. |
Arson | Convictions or complaints for arson must be found or made and filed in the proper court within five years after the commission of the offense. |
As with all legal issues, there are many nuances to statute of limitations. 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.
1 The limitations period excludes any time the defendant was not an inhabitant of or usually resident within Minnesota; any time the defendant participated under a written agreement in a pre-trial diversion program relating to the offense; and any time during which physical evidence was undergoing DNA analysis, provided there was no purposeful delay caused by law enforcement to gain an unfair advantage.