26.05.080 Time limitations.
(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.
(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.