New Mexico Criminal Statute of Limitations

Below is a summary of the statute of limitation periods for criminal cases in New Mexico. Statutes of limitations set forth the time period within which the state must commence a case for a crime. If the state tries to bring an action against someone after the applicable time period has passed, the person charged can have the case dismissed. In general, violent crimes have a longer statute of limitations, and with some crimes there is no statute of limitations. In certain instances, the statute of limitations may be tolled, or suspended, which grants the state additional time to commence a legal action.

N.M. Stat. Ann. 30-1-8 et seq.

Capital felony and 1st degree violent felony: no statute of limitations

2nd degree felony: 6 years

3rd or 4th degree felony: 5 years

Misdemeanors: 2 years

Petty misdemeanors: 1 year

Unemployment compensation violations: 3 years

State tax law frauds or violations (felonies): 5 years from date of crime or 5 years from December 31 if multiple crimes in 1 year

Identity theft crimes: 5 years

All other crimes: 3 years

Tolling Provisions

Child abuse or abandonment, criminal sexual penetration, or criminal sexual contact with minor: when victim turns 18 or crime is reported, whichever occurs first

Criminal sexual penetration with DNA evidence: when suspect is identified by DNA

Statute of limitations is tolled when:

  • suspect flees state or hides
  • suspect is not usually and publicly a resident of state

Back to State Criminal Defense Statutes

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