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§ 30-1-8 NMSA 1978

Time limitations for commencing prosecution

Known as the Criminal Code

The act spans §§ 30-1-1 to 30-1-9.2 (18 sections).

Applied in 1 court decision — leading case Martinez v. Romero (1980)

Most recently applied in Martinez v. Romero (July 1980)

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; …

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.

Official source: NMOneSource (New Mexico Compilation Commission). Reproduced from public-domain New Mexico statutes; confirm against the official source for the current text. Not legal advice.