Legal Question in Criminal Law in Minnesota

statute of limitations

I would appreciate any clarification someone could provide about the statute of limitations in Minnesota for criminal prosecution for sexual abuse of a minor.

In reference to 628.26 (d), does this mean that if something were to have allegedly occurred to a 7 year old, this person could wait to file charges at any time later in life, say at age 28, and that would be when the three year limit mentioned would start counting down? Even if this person began talking publicly about the supposed event at age 19?

If it is now beyond the statute of limitations, would there be any way to legally stop this person and a relative of hers from repeating the accusations?

Thanks in advance.


Asked on 6/11/01, 8:03 pm

1 Answer from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: statute of limitations

Minnesota Statutes Section 628.26 "Limitations," states (2000 version) (in relevant part):

"(d) Indictments or complaints for violation of sections 609.342 to 609.345 if the victim was under the age of 18 years at the time the offense was committed, shall be found or made and filed in the proper court within nine years after the

commission of the offense or, if the victim failed to report the offense within this limitation period, within three years after the offense was reported to law enforcement authorities."

Under your hypothetical facts, if a person claiming to have been a victim of a listed sex crime were to cause criminal charges to be filed when he/she were age 28, this statute would provide a defense to the criminal charge if the criminal charge was not filed "within three years after the offense was reported to law enforcement authorities." The triggering event in the statute appears to be the report to law enforcement authorities. This appears close to no limitations period at all, in practical effect.

This may be unconstitutionally unfair, in that the statute of limitations defense is an affirmative defense which the defendant must prove -- but how can the defendant possibly prove what only the person posing as a victim knows -- when and where they first reported alleged child sex abuse to police?

Read more
Answered on 7/05/01, 5:36 pm


Related Questions & Answers

More Criminal Law questions and answers in Minnesota