CHAPTER 29-04
LIMITATIONS
29-04-01. Prosecution for murder not limited. There is no limitation of the time within
which a prosecution for murder must be commenced. It may be commenced at any time after<br>the death of the person killed.
29-04-02. Prosecution for felony other than murder within three years. Except as
otherwise provided by law, a prosecution for any felony other than murder must be commenced<br>within three years after its commission. Nothing in this section prevents a person prosecuted for<br>murder from being found guilty of any included offense and punished accordingly.
29-04-02.1. Prosecution for gross sexual imposition. Except as otherwise provided
by law, a prosecution for a violation of subdivision a of subsection 1 of section 12.1-20-03 must<br>be commenced in the proper court within seven years after the commission of the offense.
29-04-03.
Prosecution for misdemeanor or infraction within two years.
A
prosecution of a misdemeanor or infraction, except as otherwise provided by law, must be<br>commenced within two years after its commission.
29-04-03.1. Prosecution for sexual abuse of minors. A prosecution for violation of
sections 12.1-20-03 through 12.1-20-08 or of section 12.1-20-11 if the victim was under eighteen<br>years of age at the time the offense was committed must be commenced in the proper court<br>within seven years after the commission of the offense or, if the victim failed to report the offense<br>within this limitation period, within three years after the offense was reported to law enforcement<br>authorities.
29-04-03.2. Statute of limitations as to child victim. If the victim of a violation of
chapter 12.1-20 is under the age of fifteen, the applicable period of limitation, if any, does not<br>begin to run until the victim has reached the age of fifteen.
29-04-04. Time of defendant's absence not part of limitation. If, when a crime or
public offense is committed, the defendant is out of the state, or if the defendant is within the<br>state and subsequently leaves the state, the information may be filed, or the indictment found,<br>within the time herein limited, after the defendant's return to the state. No time during which the<br>defendant is not an inhabitant of, or usually resident within, this state is part of the limitation.
29-04-05. When action is commenced. An information is filed or an indictment found
within the meaning of this chapter when it is presented, if an information, by the state's attorney<br>or person appointed to prosecute, or, if an indictment, by the grand jury, in open court, and there<br>received and filed, or if a complaint, when filed by a magistrate having jurisdiction to hear, try,<br>and determine the action.
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chapter 29-04 limitations
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