Statute of Limitations in Minnesota Criminal Cases

What a Statute of Limitations Does

A criminal statute of limitations requires the State to commence prosecution within a set time after the offense. If charges are filed too late, the defendant can move to dismiss — and a valid limitations defense bars the prosecution entirely, regardless of the strength of the evidence.

What this means for you: This is one of the few defenses that can end a case outright on a legal basis, independent of guilt or innocence. The first question in an older case is always whether the charging deadline was met.

The General Rule and Key Exceptions

As a general matter, many Minnesota offenses carry a three-year limitations period. But the exceptions are extensive, and they matter:

• Murder: no statute of limitations — it can be charged at any time.
• Certain serious offenses (including some sex offenses and offenses against children): substantially longer periods, and in some cases no limit.
• Other specific crimes (certain financial, tax, and similar offenses): their own extended periods.

What this means for you: Don't assume "it's been a few years, so they can't charge me." The period depends entirely on the specific offense, and for many serious crimes it is long or nonexistent.

When the Clock Starts — and Stops

Generally the period runs from the date the offense was committed, though some offenses have special start rules (for example, certain offenses where the clock may run from discovery or from a victim's age). The limitations clock can also be tolled (paused) in defined circumstances — for instance, periods when the defendant was outside the state can be excluded in some cases. Tolling rules can extend the effective deadline well beyond a simple calendar count.

"Commencing" a Prosecution

What counts as starting the prosecution in time is itself a legal question — it generally turns on when the charging document was filed or other defined steps were taken, not when the defendant was arrested or learned of the case. Whether the State acted in time can be a contested issue.

Raising the Defense

A limitations defense is typically raised by a motion to dismiss. Because it can end the case, it's one of the first things a defense attorney evaluates in any case involving an older offense. The analysis requires matching the exact charge to the correct limitations period and accounting for any tolling.

What this means for you: If your case involves conduct from years ago, the precise charge and timeline should be reviewed carefully — there may be a dispositive timing defense, or the period may be longer than you expect.