Criminal Statutes of Limitations in North Dakota
How long prosecutors in North Dakota have to file charges for felonies and misdemeanors, and which crimes have no time limit.
Short answer: There is no limitation of the time within which a prosecution for murder must be commenced. Other felonies: within three years after commission (for felony offenses under chapter 12.1-23 or 50-24.8, the later of three years of the last act, three years of discovery of the stolen… N.D.C.C. §§ 29-04-01 through 29-04-04
| Criminal statutes of limitations | There is no limitation of the time within which a prosecution for murder must be commenced. Other felonies: within three years after commission (for felony offenses under chapter 12.1-23 or 50-24.8, the later of three years of the last act, three years of discovery of the stolen property, or three years of discovery of the loss). Misdemeanors and infractions: within two years after commission (with a similar discovery rule for chapter 12.1-23 misdemeanors). Felony sexual offenses under chapter 12.1-20 and human trafficking: within seven years. Listed sexual offenses against a victim under eighteen: within twenty-one years after the offense or, if not reported within that period, within three years after it was reported to law enforcement; a DNA or fingerprint identification after the period expires allows prosecution within three years of identification. If a chapter 12.1-20 or human trafficking victim is under the age of fifteen, the period does not begin to run until the victim reaches fifteen. Time when the defendant is out of the state, or is not an inhabitant of or usually resident within the state, is not part of the limitation. |
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- Parole Violations in North Dakota
- Violating a Protective Order in North Dakota
- Juveniles Tried as Adults in North Dakota
- The Death Penalty in North Dakota
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FAQ
What is the statute of limitations for crimes in North Dakota?
There is no limitation of the time within which a prosecution for murder must be commenced. Other felonies: within three years after commission (for felony offenses under chapter 12.1-23 or 50-24.8, the later of three years of the last act, three years of discovery of the stolen property, or three years of discovery of the loss). Misdemeanors and infractions: within two years after commission (with a similar discovery rule for chapter 12.1-23 misdemeanors). Felony sexual offenses under chapter 12.1-20 and human trafficking: within seven years. Listed sexual offenses against a victim under eighteen: within twenty-one years after the offense or, if not reported within that period, within three years after it was reported to law enforcement; a DNA or fingerprint identification after the period expires allows prosecution within three years of identification. If a chapter 12.1-20 or human trafficking victim is under the age of fifteen, the period does not begin to run until the victim reaches fifteen. Time when the defendant is out of the state, or is not an inhabitant of or usually resident within the state, is not part of the limitation.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.