New Mexico Criminal Statute of Limitations

Statute: §§30-1-8 et seq.

Summary: The following sets forth a description of a particular crime or infraction, followed by the time period following such crime within which a legal action can be initiated in New Mexico.  If action is not taken within the stated period below, the victim may potentially lose its right to press charges and the state may no longer be entitled to prosecute:

Felonies:

• Capital or 1st degree felony: N/A
• 2nd degree: 6 years
• 3rd and 4th degree: 5 years
• Other felonies: 3 years
• Child abuse, criminal sexual penetration, or criminal sexual contact of minor: until victim turns 18 years. old or the offense is reported, whichever occurs first

Misdemeanors:

• Generally: 2 years
• Petty Offenses: 1 year

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