30-1-8. Time limitations for commencing prosecution.

368 words·~2 min read·/nm/chapter-30-criminal-offenses/article-1-general-provisions/30-1-8·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A person shall not be prosecuted, tried or punished in any court of this state unless the indictment is found or information or complaint is filed within the time as provided:

A. except as provided in Subsection H of this section:

(1)for a second degree felony, within six years from the time the crime was committed; and

(2)for a third or fourth degree felony, within five years from the time the crime was committed;

B. for a misdemeanor, within two years from the time the crime was committed;

C. for a petty misdemeanor, within one year from the time the crime was committed;

D. for any crime against or violation of Section 51-1-38 NMSA 1978, within three years from the time the crime was committed;

E. for a felony pursuant to Section 7-1-71.3, 7-1-72 or 7-1-73 NMSA 1978, within five years from the time the crime was committed; provided that for a series of crimes involving multiple filing periods within one calendar year, the limitation shall begin to run on December 31 of the year in which the crimes occurred;

F. for an identity theft crime pursuant to Section 30-16-24.1 NMSA 1978, within five years from the time the crime was discovered;

G. for any crime not contained in the Criminal Code [Chapter 30 NMSA 1978] or where a limitation is not otherwise provided for, within three years from the time the crime was committed; and

H. no limitation period shall exist and prosecution for the following crimes may commence at any time after the occurrence of:

(1)a capital felony, as provided in Section 31-18-14 NMSA 1978;

(2)a first degree violent felony;

(3)second degree murder, as provided in Subsection B of Section 30-2-1 NMSA 1978;

(4)second degree criminal sexual contact of a minor, as provided in Section 30-9-13 NMSA 1978; or

(5)second degree criminal sexual penetration, as provided in Section 30-9-11 NMSA 1978.

History: 1953 Comp., § 40A-1-8, enacted by Laws 1963, ch. 303, § 1-8; 1979, ch. 5, § 1; 1980, ch. 50, § 1; 1997, ch. 157, § 1; 2005, ch. 108, § 7; 2009, ch. 95, § 2; 2022, ch. 56, § 23; 2026, ch. 21, § 1.