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Specific Statue of Limitations

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NoName01

Guest
What is the name of your state?
North Dakota

I want to know what the statue of limitation is for the misdeamenor crime of "sex in a public place"....for example:
say a husband and wife (both consenting and over the age of 18) had a few to many glasses of wine and got frisky in a public park (the event was graphic but not leading to intercourse yet graphic enough for charges to be posted).. and they got caught being physically romantic. They were than charged with having sex in a public place a misdeameanor crime but they chose not to honor the warrant by facing the criminal charges.... what is the statue of limitations on such a charge in the state of north dakota? Even tho they have since moved out of north dakota I understand the charges still stand but would like to know when the statue of limitations will make this charge ineffective in the state it took place in? Also to what extent such a charge will have in damging this couple legally since they choose not to honor the warrant?
 


stephenk

Senior Member
the statute of limitations only applies to actually when charges are filed. In your case, the charges have been filed so a SOL question is moot. Now that you and hubby and failed to take care of the charges, warrants have most likely been issued. Warrants don't expire.

Good luck avoiding an arrest whenever you come in contact with the police or try to travel out of the U.S.
 

I AM ALWAYS LIABLE

Senior Member
My response:

The officer would NOT have given the two of you citations for this matter if the two of you were good looking. Apparently, you two were an ugly spectacle that HAD to be stopped!

IAAL
 
N

NoName01

Guest
Thanks for the reply but I still did not get the answer

...Okay so say the charges were dropped at some point in the situation after they were posted... but they are not dropped permenantly only dismissed due to the witness disappearing (the one who called the police to complain..."we suspect the jealous ex girlfriend").... there is still a statue of limitations because if this person wanted to they could recontact the police ...right? So what is the statue of limitations on the crime of having sex in a public place in the state of North Dakota? We already know it was a misdemeanor and has been dropped but can potentially be reinstated. This is why we want to know about the SOL specific to this criminal charge in this specific state. neither of us resides in ND or has for a large bit of time now.

All I want is an answer not a judement on the elements of the case situation. I am aware that my husband and I would be limited if the charges still applied. But they were never felony charges so most States would not have cared at all about them as most States dont extridite people for misdeamenor crimes and talking to the police has never been an issue for us. We only had to be concerned persay when in the state of ND.
 

CdwJava

Senior Member
If a warrrant is issued the SOL will be a moot point as the charges will remain until the warrant is served. And while they may not be extradited for a misdemeanor warrant from wherever they live, having a warrant dogging them into their retirement some day may keep them from good jobs, government loans, or an assortment of other things.

If they never get charged - great. But, if they do, they should really deal with it. And chances are the SOL is a year or two ... but, without knowing the specific section they are alleged to have violated it is a little tough to narrow down. At least I haven't been able to yet.

They might consider calling the ND Bar Association (or their equivalent) and asking that question.

- Carl
 

stephenk

Senior Member
"the one who called the police to complain..."we suspect the jealous ex girlfriend")"

Forget the SOL questions, tell us more about what you and hubby were doing in the park while the ex-girlfriend was watching! Drunk sex with voyeuristic elements!!! Wahooooooooooooo
 

I AM ALWAYS LIABLE

Senior Member
stephenk said:
"the one who called the police to complain..."we suspect the jealous ex girlfriend")"

Forget the SOL questions, tell us more about what you and hubby were doing in the park while the ex-girlfriend was watching! Drunk sex with voyeuristic elements!!! Wahooooooooooooo

My response:

Play cheesy '70's porn music, here . . .

IAAL
 

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