Statutes | Jamestown S'Klallam Tribal Code Title 21 Chapter 21.2 ยง 21.2.3 | 2020
(1) Prosecutions for criminal offenses shall not be commenced after the periods prescribed in this section.
(a) The following offenses may be prosecuted at any time after their commission:
(i) Murder
(ii) Homicide by abuse
(iii) Arson if a death results
(iv) Vehicular homicide
(v) Vehicular assault if a death results
(vi) Hit-and-run injury-accident if a death results.
(b) The following offenses shall not be prosecuted more than ten years after their commission:
(i) Any felony committed by a public officer if the commission is in connection with the duties of his or her office or constitutes a breach of his or her public duty or a violation of the oath of office
(ii) Arson if no death results or
(iii)(A) Violations of sections 3.2A.44.040 or 3.2A.44.050 if the rape is reported to a law enforcement agency within one year of its commission except that if the victim is under fourteen years of age when the rape is committed and the rape is reported to a law enforcement agency within one year of its commission, the violation may be prosecuted up to the victims twentyeighth birthday.
(B) If a violation of sections 3.2A.44.040 or 3.2A.44.050 is not reported within one year, the rape may not be prosecuted: (I) More than three years after its commission if the violation was committed against a victim fourteen years of age or older or (II) more than three years after the victims eighteenth birthday or more than seven years after the rapes commission, whichever is later, if the violation was committed against a victim under fourteen years of age.
(c) Violations of the following provisions of this Title may be prosecuted up to the victims twenty-eighth birthday: 3.2A.44.070, 3.2A.44.073, 3.2A.44.076, 3.2A.44.079, 3.2A.44.080, 3.2A.44.083, 3.2A.44.086, 3.2A.44.089, 3.2A.44.100 (1)(b), 3.2A.64.020.
(d) The following offenses shall not be prosecuted more than six years after their commission or their discovery, whichever occurs later:
(i) Violations of sections 3.2A.82.060 or 3.2A.82.080
(ii) Any felony violation of chapter 3.2A.83
(iii) Any felony violation of chapter 3.2.35
(iv) Theft in the first or second degree under chapter 3.2A.56 when accomplished by color or aid of deception or
(v) Trafficking in stolen property in the first or second degree under chapter 3.2A.82 in which the stolen property is a motor vehicle or major component part of a motor vehicle.
(e) Bigamy shall not be prosecuted more than three years after the time specified in section 3.2A.64.010.
(f) A violation of section 3.2A56.030 must not be prosecuted more than three years after the discovery of the offense when the victim is a tax exempt corporation under 26 U.S.C. Sec. 501(c)(3).
(g) No other felony may be prosecuted more than three years after its commission except that in a prosecution under section 3.2A.44.115, if the person who was viewed, photographed, or filmed did not realize at the time that he or she was being viewed, photographed, or filmed, the prosecution must be commenced within two years of the time the person who was viewed or in the photograph or film first learns that he or she was viewed, photographed, or filmed.
(h) No gross misdemeanor may be prosecuted more than two years after its commission.
(i) No misdemeanor may be prosecuted more than one year after its commission.
(2) The periods of limitation prescribed in subsection (1) of this section do not run during any time when the person charged is not usually and publicly resident within this state.
(3) In any prosecution for a sex offense as defined in section 3.2A.94.030, the periods of limitation prescribed in subsection (1) of this section run from the date of commission or one year from the date on which the identity of the suspect is conclusively established by deoxyribonucleic acid testing, whichever is later.
(4) If, before the end of a period of limitation prescribed in subsection (1) of this section, an indictment has been found or a complaint or an information has been filed, and the indictment, complaint, or information is set aside, then the period of limitation is extended by a period equal to the length of time from the finding or filing to the setting aside.