North Dakota’s state prosecuting attorneys must file criminal charges against the accused within a certain period of time. This limited time period is known as the criminal statute of limitations. These time limitations vary depending on the type of crime committed.
The time period usually begins on the day the crime was committed, but this can vary depending on the circumstances. This is to prevent someone from leaving the state in order to wait for the clock to run out, or some other similar circumstances. In those cases, the time limit would not begin until the person is living back in North Dakota and their location is known.
North Dakota’s Statute of Limitations helps to:
- preserve evidence and witness testimony
- create an incentive to solve crimes quickly
- and maintain fairness by allowing for an accurate trial.
In North Dakota, there is no statute of limitations for murder. For child victims under the age of 15, the statute of limitations does not begin until they reach the age of 15. All misdemeanors in the state of North Dakota have a two-year statute of limitations.
More information about North Dakota Statute of Limitations can be found under Chapter 29-04.
To summarize the time limits that the state has to bring charges:
STATUTE OF LIMITATIONS ON FELONIES
Statutes of Limitations for felonies vary based on the crime. The statutes of limitations in North Dakota for felony charges is three years.
For murder in North Dakota, there is no Statute of Limitations. For sexual abuse of a child, the statute of limitations is 21 years.
STATUTE OF LIMITATIONS ON MISDEMEANORS
The North Dakota Statute of Limitations for misdemeanors is two (2) years.
STATUTE OF LIMITATIONS ON CRIMES AGAINST A CHILD
If a minor victim was under the age of 15 at the time of the crime, the statutes of limitations doesn’t begin until they reach the age of 15. This adds years to the statutes for crimes against children.
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