State v. N.S.

N.S. was charged in juvenile court with rape in the third degree. The court found N.S. guilty of the lesser included offense of attempted rape in the third degree even though the statute of limitations for that crime had run. Because we hold that a defendant cannot be convicted of a lesser offense upon a prosecution for a greater crime commenced after the statute has run on the lesser offense, we reverse and dismiss.

I

N.S. was charged in juvenile court with rape in the third degree of his younger sister, E.S. The victim testified that the incident occurred when she was about 11 years old and…