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CRIMES, CRIMINALS
Criminal code
Chapter 609
Subdivision 1. Terms. (a) As used in this section, "heinous crime" means:
(1) a violation or attempted violation of section 609.185 or 609.19;
(2) a violation of section 609.195 or 609.221; or
(3) a violation of section 609.342, 609.343, or 609.344, if the offense was committed with force or violence.
(b) "Previous conviction" means a conviction in Minnesota for a heinous crime or a conviction elsewhere for conduct that would have been a heinous crime under this chapter if committed in Minnesota. The term includes any conviction that occurred before the commission of the present offense of conviction, but does not include a conviction if 15 years have elapsed since the person was discharged from the sentence imposed for the offense.
Subd. 2. Life without release. The court shall sentence a person to life imprisonment without possibility of release under the following circumstances:
(1) the person is convicted of first degree murder under section 609.185, paragraph (a), clause (1), (2), (4), or (7);
(2) the person is convicted of committing first degree murder in the course of a kidnapping under section 609.185, clause (3); or
(3) the person is convicted of first degree murder under section 609.185, clause (3), (5), or (6), and the court determines on the record at the time of sentencing that the person has one or more previous convictions for a heinous crime.
Criminal code
Chapter 609
609.293
Sodomy.
Subdivision
1. Definition. "Sodomy"
means carnally knowing any person by the anus or by or with the mouth.
Subd.
2. Repealed, 1977 c 130 s 10
Subd.
3. Repealed, 1977 c 130 s 10
Subd.
4. Repealed, 1977 c 130 s 10
Subd.
5. Consensual acts. Whoever, in
cases not coming within the provisions of sections 609.342 or 609.344, voluntarily engages in or submits
to an act of sodomy with another may be sentenced to imprisonment for not more
than one year or to payment of a fine of not more than $3,000, or both.
Criminal code
Chapter 609
Subdivision
1. Crime defined. A person who
engages in sexual penetration with another person, or in sexual contact with a
person under 13 years of age as defined in section 609.341, subdivision 11,
paragraph (c), is guilty of criminal sexual conduct in the first degree if any
of the following circumstances exists:
(a) the
complainant is under 13 years of age and the actor is more than 36 months older
than the complainant. Neither mistake
as to the complainant's age nor consent to the act by the complainant is a
defense;
(b) the
complainant is at least 13 years of age but less than 16 years of age and the
actor is more than 48 months older than
the complainant and in a position of authority over the complainant. Neither mistake as to the complainant's age
nor consent to the act by the complainant is a defense;
(c)
circumstances existing at the time of the act cause the complainant to have a
reasonable fear of imminent great bodily harm to the complainant or another;
(d) the
actor is armed with a dangerous weapon or any article used or fashioned in a
manner to lead the complainant to reasonably believe it to be a dangerous
weapon and uses or threatens to use the weapon or article to cause the
complainant to submit;
(e) the
actor causes personal injury to the complainant, and either of the following
circumstances exist:
(i) the
actor uses force or coercion to accomplish sexual penetration; or
(ii)
the actor knows or has reason to know that the complainant is mentally
impaired, mentally incapacitated, or physically helpless;
(f) the
actor is aided or abetted by one or more accomplices within the meaning of section
609.05, and either of the following circumstances exists:
(i) an
accomplice uses force or coercion to cause the complainant to submit; or
(ii) an
accomplice is armed with a dangerous weapon or any article used or fashioned in
a manner to lead the complainant reasonably to believe it to be a dangerous
weapon and uses or threatens to use the weapon or article to cause the
complainant to submit;
(g) the
actor has a significant relationship to the complainant and the complainant was
under 16 years of age at the time of the sexual penetration. Neither mistake as to the complainant's age
nor consent to the act by the complainant is a defense; or
(h) the
actor has a significant relationship to the complainant, the complainant was
under 16 years of age at the time of the sexual penetration, and:
(i) the
actor or an accomplice used force or coercion to accomplish the penetration;
(ii)
the complainant suffered personal injury; or
(iii)
the sexual abuse involved multiple acts committed over an extended period of
time.
Neither
mistake as to the complainant's age nor consent to the act by the complainant
is a defense.
Subd.
2. Penalty. (a) Except as
otherwise provided in section 609.109
or 609.3455, a person convicted under subdivision 1 may be sentenced to
imprisonment for not more than 30 years or to a payment of a fine of not more
than $40,000, or both.
(b)
Unless a longer mandatory minimum sentence is otherwise required by law or the
Sentencing Guidelines provide for a longer presumptive executed sentence, the
court shall presume that an executed sentence of 144 months must be imposed on
an offender convicted of violating this section. Sentencing a person in a
manner other than that described in this paragraph is a departure from the
Sentencing Guidelines.
(c) A
person convicted under this section is also subject to conditional release
under section 609.3455.
Subd.
3. Stay. Except when
imprisonment is required under section 609.109 or 609.3455, if a person is
convicted under subdivision 1, clause (g), the court may stay imposition or
execution of the sentence if it finds that:
(a) a
stay is in the best interest of the complainant or the family unit; and
(b) a
professional assessment indicates that the offender has been accepted by and
can respond to a treatment program.
If the
court stays imposition or execution of sentence, it shall include the following
as conditions of probation:
(1)
incarceration in a local jail or workhouse;
(2) a
requirement that the offender complete a treatment program; and
(3) a
requirement that the offender have no unsupervised contact with the complainant
until the offender has successfully completed the treatment program unless
approved by the treatment program and the supervising correctional agent.
Subdivision
1. Crime defined. A person who
engages in sexual contact with another person is guilty of criminal sexual
conduct in the second degree if any of the following circumstances exists:
(a) the
complainant is under 13 years of age and the actor is more than 36 months older
than the complainant. Neither mistake
as to the complainant's age nor consent to the act by the complainant is a
defense. In a prosecution under this
clause, the state is not required to prove that the sexual contact was coerced;
(b) the
complainant is at least 13 but less than 16 years of age and the actor is more
than 48 months older than the complainant and in a position of authority over
the complainant. Neither mistake as to the complainant's age nor consent to the
act by the complainant is a defense;
(c)
circumstances existing at the time of the act cause the complainant to have a
reasonable fear of imminent great bodily harm to the complainant or another;
(d) the
actor is armed with a dangerous weapon or any article used or fashioned in a
manner to lead the complainant to reasonably believe it to be a dangerous
weapon and uses or threatens to use the dangerous weapon to cause the
complainant to submit;
(e) the
actor causes personal injury to the complainant, and either of the following
circumstances exist:
(i) the
actor uses force or coercion to accomplish the sexual contact; or
(ii)
the actor knows or has reason to know that the complainant is mentally
impaired, mentally incapacitated, or physically helpless;
(f) the
actor is aided or abetted by one or more accomplices within the meaning of
section 609.05, and either of the following circumstances exists:
(i) an
accomplice uses force or coercion to cause the complainant to submit; or
(ii) an
accomplice is armed with a dangerous weapon or any article used or fashioned in
a manner to lead the complainant to reasonably believe it to be a dangerous
weapon and uses or threatens to use the weapon or article to cause the complainant
to submit;
(g) the
actor has a significant relationship to the complainant and the complainant was
under 16 years of age at the time of the sexual contact. Neither mistake as to the complainant's age
nor consent to the act by the complainant is a defense; or
(h) the
actor has a significant relationship to the complainant, the complainant was
under 16 years of age at the time of the sexual contact, and:
(i) the
actor or an accomplice used force or coercion to accomplish the contact;
(ii)
the complainant suffered personal injury; or
(iii)
the sexual abuse involved multiple acts committed over an extended period of
time.
Neither
mistake as to the complainant's age nor consent to the act by the complainant
is a defense.
Subd. 2
Penalty. (a) Except as otherwise
provided in section 609.109 or 609.3455, a person convicted under subdivision 1
may be sentenced to imprisonment for not more than 25 years or to a payment of
a fine of not more than $35,000, or both.
(b)
Unless a longer mandatory minimum sentence is otherwise required by law or the
Sentencing Guidelines provide for a longer presumptive executed sentence, the
court shall presume that an executed sentence of 90 months must be imposed on
an offender convicted of violating subdivision 1, clause (c), (d),
(e),
(f), or (h). Sentencing a person in a
manner other than that described in this paragraph is a departure from the
Sentencing Guidelines.
(c) A
person convicted under this section is also subject to conditional release
under section 609.3455.
Subd. 3. Stay. Except when imprisonment is required under
section 609.109 or 609.3455, if a person is convicted under subdivision 1,
clause (g), the court may stay imposition or execution of the sentence if it
finds that:
(a) a
stay is in the best interest of the complainant or the family unit; and
(b) a
professional assessment indicates that the offender has been accepted by and
can respond to a treatment program.
If the
court stays imposition or execution of sentence, it shall include the following
as conditions of probation:
(1)
incarceration in a local jail or workhouse;
(2) a
requirement that the offender complete a treatment program; and
(3) a
requirement that the offender have no unsupervised contact with the complainant
until the offender has successfully completed the treatment program unless
approved by the treatment program and the supervising correctional agent.
Subdivision
1. Crime defined. A person who
engages in sexual penetration with another person is guilty of criminal sexual
conduct in the third degree if any of the following circumstances exists:
(a) the
complainant is under 13 years of age and the actor is no more than 36 months
older than the complainant. Neither mistake
as to the complainant's age nor consent to the act by the complainant shall be
a defense;
(b) the
complainant is at least 13 but less than 16 years of age and the actor is more
than 24 months older than the complainant.
In any such case it shall be an affirmative defense, which must be
proved by a preponderance of the evidence, that the actor believes the
complainant to be 16 years of age or older.
If the actor in such a case is no more than 48 months but more than 24
months older than the complainant, the actor may be sentenced to imprisonment
for not more than five years. Consent
by the complainant is not a defense;
(c) the
actor uses force or coercion to accomplish the penetration;
(d) the
actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;
(e) the
complainant is at least 16 but less than 18 years of age and the actor is more
than 48 months older than the complainant and in a position of authority over
the complainant.
Neither
mistake as to the complainant's age nor consent to the act by the complainant
is a defense;
(f) the
actor has a significant relationship to the complainant and the complainant was
at least 16 but under 18 years of age at the time of the sexual penetration. Neither mistake as to the complainant's age
nor consent to the act by the complainant is a defense;
(g) the
actor has a significant relationship to the complainant, the complainant was at
least 16 but under 18 years of age at the time of the sexual penetration, and:
(i) the
actor or an accomplice used force or coercion to accomplish the penetration;
(ii)
the complainant suffered personal injury; or
(iii)
the sexual abuse involved multiple acts committed over an extended period of
time.
Neither
mistake as to the complainant's age nor consent to the act by the complainant
is a defense;
(h) the
actor is a psychotherapist and the complainant is a patient of the
psychotherapist and the sexual penetration occurred:
(i)
during the psychotherapy session; or
(ii)
outside the psychotherapy session if an ongoing psychotherapist-patient
relationship exists.
Consent
by the complainant is not a defense;
(i) the
actor is a psychotherapist and the complainant is a former patient of the
psychotherapist and the former patient is emotionally dependent upon the
psychotherapist;
(j) the
actor is a psychotherapist and the complainant is a patient or former patient
and the sexual penetration occurred by means of therapeutic deception. Consent by the complainant is not a defense;
(k) the
actor accomplishes the sexual penetration by means of deception or false
representation that the penetration is for a bona fide medical purpose. Consent by the complainant is not a defense;
(1) the
actor is or purports to be a member of the clergy, the complainant is not
married to the actor, and:
(i) the
sexual penetration occurred during the course of a meeting in which the
complainant sought or received religious or spiritual advice, aid, or comfort
from the actor in private; or
(ii)
the sexual penetration occurred during a period of time in which the
complainant was meeting on an ongoing basis with the actor to seek or receive
religious or spiritual advice, aid, or comfort in private. Consent by the complainant is not a defense;
(m) the
actor is an employee, independent contractor, or volunteer of a state, county,
city, or privately operated adult or juvenile correctional system, including,
but not limited to, jails, prisons, detention centers, or work release
facilities, and the complainant is a resident of a facility or under
supervision of the correctional system.
Consent by the complainant is not a defense; or
(n) the
actor provides or is an agent of an entity that provides special transportation
service, the complainant used the special transportation service, and the
sexual penetration occurred during or immediately before or after the actor
transported the complainant. Consent by
the complainant is not a defense.
Subd.
2. Penalty. Except as otherwise
provided in section 609.3455, a person convicted under subdivision 1 may be
sentenced to imprisonment for not more than 15 years or to a payment of a fine
of not more than $30,000, or both. A
person convicted under this section is also subject to conditional release
under section 609.3455.
Subd.
3. Stay. Except when
imprisonment is required under section 609.109 or 609.3455, if a person is
convicted under subdivision 1, clause (f), the court may stay imposition or
execution of the sentence if it finds that:
(a) a
stay is in the best interest of the complainant or the family unit; and
(b) a
professional assessment indicates that the offender has been accepted by and
can respond to a treatment program.
If the
court stays imposition or execution of sentence, it shall include the following
as conditions of probation:
(1)
incarceration in a local jail or workhouse;
(2) a
requirement that the offender complete a treatment program; and
(3) a
requirement that the offender have no unsupervised contact with the complainant
until the offender has successfully completed the treatment program unless
approved by the treatment program and the supervising correctional agent.
Subdivision 1. Crime defined. A person who engages in sexual contact with
another person is guilty of criminal sexual conduct in the fourth degree if any
of the following circumstances exists:
(a) the
complainant is under 13 years of age and the actor is no more than 36 months
older than the complainant. Neither
mistake as to the complainant's age or consent to the act by the complainant is
a defense. In a prosecution under this
clause, the state is not required to prove that the sexual contact was coerced;
(b) the
complainant is at least 13 but less than 16 years of age and the actor is more
than 48 months older than the complainant or in a position of authority over
the complainant.
Consent
by the complainant to the act is not a defense. In any such case, it shall be an affirmative defense which must
be proved by a preponderance of the evidence that the actor believes the
complainant to be 16 years of age or older;
(c) the
actor uses force or coercion to accomplish the
sexual contact;
(d) the
actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;
(e) the
complainant is at least 16 but less than 18 years of age and the actor is more
than 48 months older than the complainant and in a position of authority over
the complainant.
Neither mistake as to the complainant's age
nor consent to the act by the complainant is a defense;
(f) the
actor has a significant relationship to the complainant and the complainant was
at least 16 but under 18 years of age at the time of the sexual contact. Neither mistake as to the complainant's age
nor consent to the act by the complainant is a defense;
(g) the
actor has a significant relationship to the complainant, the complainant was at
least 16 but under 18 years of age at the time of the sexual contact, and:
(i) the
actor or an accomplice used force or coercion to accomplish the contact;
(ii)
the complainant suffered personal injury; or
(iii)
the sexual abuse involved multiple acts committed over an extended period of
time.
Neither
mistake as to the complainant's age nor consent to the act by the complainant
is a defense;
(h) the
actor is a psychotherapist and the complainant is a patient of the
psychotherapist and the sexual contact occurred:
(i)
during the psychotherapy session; or
(ii)
outside the psychotherapy session if an ongoing psychotherapist-patient
relationship exists. Consent by the
complainant is not a defense;
(i) the
actor is a psychotherapist and the complainant is a former patient of the
psychotherapist and the former patient is emotionally dependent upon the
psychotherapist;
(j) the
actor is a psychotherapist and the complainant is a patient or former patient
and the sexual contact occurred by means of therapeutic deception. Consent by the complainant is not a defense;
(k) the
actor accomplishes the sexual contact by means of deception or false
representation that the contact is for a bona fide medical purpose. Consent by the complainant is not a defense;
(1) the
actor is or purports to be a member of the clergy, the complainant is not
married to the actor, and:
(i) the
sexual contact occurred during the course of a meeting in which the complainant
sought or received religious or spiritual advice, aid, or comfort from the
actor in private; or
(ii)
the sexual contact occurred during a period of time in which the complainant
was meeting on an ongoing basis with the actor to seek or receive religious or
spiritual advice, aid, or comfort in private.
Consent by the complainant is not a defense;
(m) the
actor is an employee, independent contractor, or volunteer of a state, county,
city, or privately operated adult or juvenile correctional system, including,
but not limited to, jails, prisons, detention centers, or work release
facilities, and the complainant is a resident of a facility or under
supervision of the correctional system.
Consent by the complainant is not a defense; or
(n) the
actor provides or is an agent of an entity that provides special transportation
service, the complainant used the special transportation service, the
complainant is not married to the actor, and the sexual contact occurred during
or immediately before or after the actor transported the complainant. Consent by the complainant is not a defense.
Subd.
2. Penalty. Except as otherwise
provided in section 609.3455, a person convicted under subdivision 1 may be
sentenced to imprisonment for not more than ten years or to a payment of a fine
of not more than $20,000, or both. A
person convicted under this section is also subject to conditional release
under section 609.3455.
Subd.
3. Stay. Except when
imprisonment is required under section 609.109 or 609.3455, if a person is
convicted under subdivision 1, clause (f), the court may stay imposition or
execution of the sentence if it finds that:
(a) a
stay is in the best interest of the complainant or the family unit; and
(b) a
professional assessment indicates that the offender has been accepted by and
can respond to a treatment program.
If the
court stays imposition or execution of sentence, it shall include the following
as conditions of probation:
(1)
incarceration in a local jail or workhouse;
(2) a
requirement that the offender complete a treatment program; and
(3) a
requirement that the offender have no unsupervised contact with the complainant
until the offender has successfully completed the treatment program unless
approved by the treatment program and the supervising correctional agent.
Subdivision
1. Crime defined. A person is
guilty of criminal sexual conduct in the fifth degree:
(1) if
the person engages in nonconsensual sexual contact; or
(2) the
person engages in masturbation or lewd exhibition of the genitals in the
presence of a minor under the age of 16, knowing or having reason to know the
minor is present.
For
purposes of this section, "sexual contact" has the meaning given in
section 609.341, subdivision 11, paragraph (a), clauses (i) and (iv), but does
not include the intentional touching of the clothing covering the immediate
area of the buttocks. Sexual contact
also includes the intentional removal or attempted removal of clothing covering
the complainant's intimate parts or undergarments, and the nonconsensual
touching by the complainant of the actor's intimate parts, effected by the
actor, if the action is performed with sexual or aggressive intent.
Subd.
2. Penalty. A person convicted
under subdivision 1 may be sentenced to imprisonment for not more than one year
or to a payment of a fine of not more than $3,000, or both.
Subd.
3. Felony. A person is guilty of
a felony and may be sentenced to imprisonment for not more than five years or
to payment of a fine of not more than $10,000, or both, if the person violates
subdivision 1, clause (2), after having been previously convicted of or
adjudicated delinquent for violating subdivision 1, clause (2); section 617.23,
subdivision 2, clause (1); or a statute from another state in conformity with
subdivision 1, clause (2), or section 617.23, subdivision 2, clause (1).
Subdivision
1. Crime defined. A person is
guilty of criminal sexual predatory conduct if the person commits a predatory
crime that was motivated by the offender's sexual impulses or was part of a
predatory pattern of behavior that had criminal sexual conduct as its
goal.
Subd.
2. Penalty. (a) Except as
provided in section 609.3455, the statutory maximum sentence for a violation of
subdivision 1 is: (1) 25 percent longer
than for the underlying predatory crime; or (2) 50 percent longer than for the
underlying predatory crime, if the violation is committed by a person with a
previous sex offense conviction, as defined in section 609.3455, subdivision
1.
(b) In
addition to the sentence imposed under paragraph (a), the person may also be
sentenced to the payment of a fine of not more than $20,000.
(c) A
person convicted under this section is also subject to conditional release
under section 609.3455.
Subdivision
1. Definitions. As used in this
section:
(a)
"child" means a person 15 years of age or younger;
(b)
"sexual conduct" means sexual contact of the individual's primary
genital area, sexual penetration as defined in section 609.341, or sexual
performance as defined in section
617.246; and
(c)
"solicit" means commanding, entreating, or attempting to persuade a
specific person in person, by telephone, by letter, or by computerized or other
electronic means.
Subd.
2. Prohibited act. A person 18
years of age or older who solicits a child or someone the person reasonably
believes is a child to engage in sexual conduct with intent to engage in sexual
conduct is guilty of a felony and may be sentenced to imprisonment for not more
than three years, or to payment of a fine of not more than $5,000, or both.
Subd.
3. Defenses. Mistake as to age is not a defense to a
prosecution under this section.
Whoever
has sexual intercourse with another nearer of kin to the actor than first
cousin, computed by rules of the civil law, whether of the half or the whole
blood, with knowledge of the relationship, is guilty of incest and may be
sentenced to imprisonment for not more than ten years.
Criminal code
Chapter 609
Subdivision
1. Acts constituting. Whoever
orally or in writing makes any of the following threats and thereby causes
another against the other's will to do any act or forbear doing a lawful act is
guilty of coercion and may be sentenced as provided in subdivision 2:
(1) a
threat to unlawfully inflict bodily harm upon, or hold in confinement, the
person threatened or another, when robbery or attempt to rob is not committed
thereby; or
(2) a
threat to unlawfully inflict damage to the property of the person threatened or
another; or
(3) a
threat to unlawfully injure a trade, business, profession, or calling; or
(4) a
threat to expose a secret or deformity, publish a defamatory statement, or
otherwise to expose any person to disgrace or ridicule; or
(5) a
threat to make or cause to be made a criminal charge, whether true or false;
provided, that a warning of the consequences of a future violation of law given
in good faith by a peace officer or prosecuting attorney to any person shall not
be deemed a threat for the purposes of this section.
Subd.
2. Sentence. Whoever violates
subdivision 1 may be sentenced as follows:
(1) to
imprisonment for not more than 90 days or to payment of a fine of not more than
$1,000, or both if neither the pecuniary gain received by the violator nor the
loss suffered by the person threatened or another as a result of the threat
exceeds $300, or the benefits received or harm sustained are not susceptible of
pecuniary measurement; or
(2) to
imprisonment for not more than five years or to payment of a fine of not more
than $10,000, or both, if such pecuniary gain or loss is more than $300 but
less than $2,500; or
(3) to
imprisonment for not more than ten years or to payment of a fine of not more
than $20,000, or both, if such pecuniary gain or loss is $2,500, or more.
CRIMINAL PROCEDURE
CHAPTER 628
ACCUSATION
628.15
Time, how stated.
The precise time at which the offense was committed need not be stated in the indictment, but may be alleged to have been committed at any time before the finding thereof, except where the time shall be a material ingredient in the offense.
628.26
Limitations.
(a) Indictments or complaints for any crime resulting in the death of the victim may be found or made at any time after the death of the person killed.
(b) Indictments or complaints for a violation of section 609.25 may be found or made at any time after the commission of the offense.
(c) Indictments or complaints for violation of section 609.282 may be found or made at any time after the commission of the offense if the victim was under the age of 18 at the time of the offense.
(d) Indictments or complaints for violation of section 609.282 where the victim was 18 years of age or older at the time of the offense, or 609.42, subdivision 1, clause (1) or
(2), shall be found or made and filed in the proper court within six years after the commission of the offense.
(e) 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.
(f) Notwithstanding the limitations in paragraph (e), indictments or complaints for violation of sections 609.342 to 609.344 may be found or made and filed in the proper court at any time after commission of the offense, if physical evidence is collected and preserved that is capable of being tested for its DNA characteristics. If this evidence is not collected and preserved and the victim was 18 years old or older at the time of the offense, the prosecution must be commenced within nine years after the commission of the offense.
(g) Indictments or complaints for violation of sections 609.466 and 609.52, subdivision 2, clause (3), item (iii), shall be found or made and filed in the proper court within six years after the commission of the offense.
(h) Indictments or complaints for violation of section 609.52, subdivision 2, clause (3), items (i) and (ii), (4),
(15), or (16), 609.631, or 609.821, where the value of the property or services stolen is more than $35,000, shall be found or made and filed in the proper court within five years after the commission of the offense.
(i) Except for violations relating to false material statements, representations or omissions, indictments or complaints for violations of section 609.671 shall be found or made and filed in the proper court within five years after the commission of the offense.
(j) Indictments or complaints for violation of sections 609.561 to 609.563, shall be found or made and filed in the proper court within five years after the commission of the offense.
(k) In all other cases, indictments or complaints shall be found or made and filed in the proper court within three years after the commission of the offense.
(l) The limitations periods contained in this section shall exclude any period of time during which the defendant was not an inhabitant of or usually resident within this state.
(m) The limitations periods contained in this section for an offense shall not include any period during which the alleged offender participated under a written agreement in a pretrial diversion program relating to that offense.
(n) The limitations periods contained in this section shall not include any period of time during which physical evidence relating to the offense was undergoing DNA analysis, as defined in section 299C.155, unless the defendant demonstrates that the prosecuting or law enforcement agency purposefully delayed the DNA analysis process in order to gain an unfair advantage.
My email address true_perspective@yahoo.com
Revised 09/06