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(1) Unless otherwise specified by statute, a prosecution shall be commenced within the later of the following periods:

(a) Prosecution for any Class A or Class B offense must be commenced within one (1) year after the alleged offense is committed;

(b) Prosecution for any Class C or Class D offense must be commenced within two (2) years after the alleged offense is committed;

(c) Prosecution for any Class E offense must be commenced within five (5) years after the alleged offense is committed;

(d) Prosecution of any Class F offense must be commenced within ten (10) years after the alleged offense is committed;

(e) Prosecution for an offense where the victim is a minor must be commenced within six (6) years of the victim’s eighteenth (18th) birthday.

(2) The period of limitation does not run under the following conditions:

(a) During any period in which the offender is not usually and publicly residing within this Reservation or is beyond the jurisdiction of the Tribal Court;

(b) During any period in which the offender is a public officer and the offense charged is theft of public funds while in public office; or

(c) During a prosecution pending against the offender for the same conduct even if the prosecution is dismissed.

(3) There shall be no statute of limitations for the prosecution of:

(a) Murder in the first or second degree.

(b) All offenses under Chapter 26.20 CTC.

(4) An offense is committed either when every element occurs or, if the offense is based upon a continuing course of conduct, when the course of conduct is terminated. The time starts to run on the day after the offense is committed.

(5) A prosecution is commenced when a complaint is filed.