New Mexico Criminal Statute of Limitations

Statutes of limitations set time limits for prosecutors to file charges in criminal cases. Learn about these time limits in New Mexico.

In New Mexico and most other states, violent crimes generally have longer statutes of limitations, and some crimes (like first-degree murder) have no statute of limitations—meaning a criminal case can be filed at any time. In certain instances, statutes of limitations are “tolled” (suspended), allowing the government more time to bring a case.

Felonies, Misdemeanors, and Petty Misdemeanors

Like many states, New Mexico sets time limits for a host of specific crimes. For crimes not specifically listed in the statute, a general statute of limitations applies based on the category of the crime.

Capital felonies and first-degree violent felonies have no time limits and can be prosecuted at any time. Capital felonies include premeditated murder, felony murder (murder committed during the commission or attempted commission of a felony), and depraved mind murder. Examples of first-degree violent felonies include aggravated criminal sexual penetration, kidnapping, and abuse of a child resulting in great bodily harm.

The general time limits for other crimes are:

  • six years for second-degree felonies
  • five years for third- and fourth-degree felonies
  • two years for misdemeanors, and
  • one year for petty misdemeanors.

For any crimes not listed in the state’s criminal code or where no time limit is provided, the time limit defaults to three years.

(N.M. Stat. §§ 30-1-8 to –9.2 (2020).)

Statute of Limitations for Specific Crimes

Below are examples of time limits for specific crimes in New Mexico. Keep in mind that the following is a partial list that broadly summarizes the law. You should look at the actual law for nuances and exceptions.

And know that changes to limitations periods made by the legislature apply only to crimes not yet time-barred. This means that, if the prosecution already ran out of time to file charges under the old law, any new changes to the law extending time limits don't apply.

Murder and Manslaughter

  • Murder in the first degree: no time limit
  • Murder in the second degree: 6 years after the crime
  • Voluntary and involuntary manslaughter: 5 years after the crime

Sex Offenses

  • Criminal sexual penetration in the first degree: no time limit
  • Criminal sexual penetration in the second degree: 6 years after the crime
  • Criminal sexual contact of an unclothed minor under 13: 6 years after the crime

Larceny (Theft) and Fraud

  • Larceny or fraud in the second degree (more than $20,000): 6 years after the crime
  • Larceny or fraud in the third and fourth degrees (more than $500): 5 years after the crime
  • Misdemeanor larceny or fraud (more than $250): 2 years after the crime
  • Petty misdemeanor larceny or fraud ($250 or less):1 year after the crime
  • Unemployment compensation fraud: 3 years after the crime
  • Identity theft: 5 years after the crime
  • Tax crimes and fraud: 5 years after the crime, or 5 years starting on December 31 for a series of crimes occurring in one calendar year

Tolling the Statute of Limitations

Generally, the statute of limitations starts when the crime occurs. But in circumstances where it’s difficult to discover the crime or a victim might be particularly scared to report it, the law might delay the starting of the time clock or extend the limitations period.

Crimes against a child. For instance, New Mexico law doesn’t start the clock for the following crimes until the victim turns 18 or the violation is reported to the police: abandonment or abuse of a child, criminal sexual penetration of a minor, and criminal sexual contact of a minor.

DNA evidence. The law also stops the clock in criminal sexual penetration cases where the suspect is unknown and DNA evidence is collected. The clock starts once a DNA profile matches a suspect.

Evading prosecution. Also, if a person tries to evade (avoid) arrest for a crime, the law gives the prosecutor extra time to file charges. In New Mexico, the statute of limitations doesn’t run while the defendant conceals him or herself, is absent from the state, or is not a resident of the state.

Time to Talk to a Lawyer

Statutes of limitations are confusing to say the least. The same conduct can be the basis for multiple criminal charges, meaning that more than one limitations period could apply. And because lawmakers can make changes to statutes of limitations, the time limit currently in law might not apply to a past crime. Consult a knowledgeable attorney in your area to understand how the statutes of limitations apply in a specific case.

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