§ 15 §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.
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.
3.
Limitations not to run.
The periods of limitations shall not run:
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.
5.
Elements; commencement of prosecution.
For purposes of this section:
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.

Legislative 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). PL 2025, c. 431, §8 (AMD).