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When Does a Criminal Statute of Limitations Start to Run

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  • 07-21-2012, 02:40 AM
    berthegoat
    When Does a Criminal Statute of Limitations Start to Run
    My question involves criminal law for the state of: Minnesota

    I am confused about the statute of limitations. The statute of limitations regarding statutory rape reads: "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 the later of nine years after the commission of the offense or three years after the offense was reported to law enforcement authorities."

    - Does this mean, an alleged victim has 9 years to report statutory rape?
    - Does it also mean that after the 9 years have passed, an alleged victim can still report the rape and have 3 years to press charges?
    - If someone waits several years to report it, does that mean the accused is less likely to be charged?
    - Does any of this change once the alleged victim turns 18 or any certain age?

    Thanks.
  • 07-21-2012, 08:16 AM
    Mr. Knowitall
    Re: Statutory Rape Statute of Limitations
    "Three years" means "three years", not "nine years'. "The later of" means something is controlled by the event that occurs later.

    Whether or not the police and prosecutor will respond to a later report depends on the facts and evidence.

    The exception described above does not apply to crimes committed against victims after they turn 18.
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