§3105-A. Statute of limitations

1.  Expiration of limitation; defense.  It is a defense that prosecution was commenced after the expiration of the applicable period of limitations provided in this section, except that a prosecution for the juvenile crime of murder or criminal homicide in the first or 2nd degree may be commenced at any time. It is a defense that prosecution was commenced after the expiration of the applicable period of limitations provided in this section, except that if the victim had not attained 16 years of age at the time of the crime and the juvenile had attained 16 years of age, a prosecution for the juvenile crime of unlawful sexual contact under Title 17-A, former section 255 or section 255-A or gross sexual assault under Title 17-A, section 253 may be commenced at any time if the attorney for the State first presents evidence based on DNA, as defined in section 2136, to the court in a closed hearing that implicates the defendant in the crime by a preponderance of the evidence.

[PL 2005, c. 87, §1 (AMD).]

2.  Limitations.  Prosecution for juvenile crimes other than murder or criminal homicide in the first or 2nd degree are subject to the following periods of limitations.

A. A prosecution for conduct which, if committed by an adult, is a Class A, Class B or Class C crime, shall be commenced within 6 years after it is committed.   [PL 1987, c. 222, §2 (NEW).]

B. A prosecution for conduct which, if committed by an adult, is a Class D or Class E crime shall be commenced within 3 years after it is committed.   [PL 1987, c. 222, §2 (NEW).]

C. A prosecution for conduct specified in section 3103, subsection 1, paragraph B, C, E, F or H must be commenced within one year after it is committed.   [PL 2009, c. 93, §3 (AMD).]

[PL 2009, c. 93, §3 (AMD).]

3.  Limitations not to run.  The periods of limitations shall not run:

A. During any time when the accused is absent from the State, but in no event shall this provision extend the period of limitation otherwise applicable by more than 5 years;   [PL 1987, c. 222, §2 (NEW).]

B. During any time when a prosecution against the accused for the same juvenile crime based on the same conduct is pending in the Juvenile Court of this State; or   [PL 1987, c. 222, §2 (NEW).]

C. During any time when, notwithstanding that the court lacks jurisdiction for a reason stated in Title 17-A, section 10-A, subsection 1, an adult prosecution against the accused for the adult offense based on the same conduct is pending in the District Court or the Superior Court.   [PL 1987, c. 222, §2 (NEW).]

[PL 1987, c. 222, §2 (NEW).]

4.  Commencement after dismissal.  If a timely juvenile petition is dismissed for any error, defect, insufficiency or irregularity, a new prosecution for the same juvenile crime based on the same conduct may be commenced within 3 months after the dismissal, even though the period of limitation has expired at the time of the dismissal or will expire within the period of time.

[PL 1987, c. 222, §2 (NEW).]

5.  Elements; commencement of prosecution.  For purposes of this section:

A. A juvenile crime is committed when every element of the crime has occurred, or if the juvenile crime consists of a continuing course of conduct, at the time when the course of conduct or the defendant's complicity in the conduct is terminated; and   [PL 1987, c. 222, §2 (NEW).]

B. A prosecution is commenced when a juvenile petition is filed.   [PL 1987, c. 222, §2 (NEW).]

[PL 1987, c. 222, §2 (NEW).]

6.  Lesser included juvenile crime; effect.  The defense established by this section does not bar an adjudication of a juvenile crime included in the juvenile crime charged, notwithstanding that the period of limitation has expired for the included juvenile crime, if, as to the juvenile crime charged, the period of limitation has not expired or there is no such period, and there is evidence that sustains an adjudication for the juvenile crime charged.

[PL 2015, c. 409, §6 (AMD).]

SECTION HISTORY

PL 1987, c. 222, §2 (NEW). PL 1987, c. 769, §A54 (AMD). PL 1989, c. 445, §3 (AMD). PL 1995, c. 470, §5 (AMD). PL 2005, c. 87, §§1,2 (AMD). PL 2009, c. 93, §3 (AMD). PL 2015, c. 409, §6 (AMD).