Here Is What Is Happening In New Mexico
Civil Statute of Limitations
Discovery Rule: Yes
Limitations Period: Age 24 or Discovery + 3 years
Tolling:  Yes
  • Statute of Limitations: Until Victim Turns 24 or 3 years from discovery, whichever is later. N.M. Stat. Ann. §37-1-30(A)(1).
Criminal Statute of Limitations
Limitations Period: None for first -degree felonies
Age 18 + 6 years for second -degree felonies
Age 18 + 5 years for third and fourth-degree felonies
2 years for misdemeanors
Tolling: Yes
Exceptions Yes
  • No Limit for Only Most Serious Child Sex Offenses, 5 or 6 years for Most Others : There is no statute of limitations for prosecutions of first-degree felonies, a 6-year statute of limitations for second-degree felonies, and a 5-year statute of limitations for third and fourth-degree felonies. § 30-1-8.
    • Criminal penetration in the first-degree (committed against a child less than 13 years old) is a first-degree felony, in the second-degree (committed against a child 13 to 18 years old and by the use of force or coercion) is a second-degree felony, and in the fourth-degree (committed against a victim 13 to 16 years old by someone over 18, more than 4 years older than the victim, and not the victim’s spouse; or against a victim 13 to 18 years old by someone in the victim’s school who is over 18, more than 4 years older than the victim, and knows or learns that the victim is a student in that school) is a fourth-degree felony. § 30-9-11.
    • Criminal sexual contact with a child is a second-degree felony, and entails sexual contact with the unclothed intimate parts of a child under 13 years old, or a child between 13 and 18 when the perpetrator is in a position of authority over the child and uses that authority to coerce the child to submit, uses force or coercion that results in injury or is aided or abetted by another person, or uses as a deadly weapon. § 30-9-13(B).
    • Any other sexual contact (i.e. not with the child’s unclothed intimate parts), under the same conditions, is a third-degree felony. § 30-9-13(C).
    • Manufacture of child pornography is a second-degree felony, while most other child pornography-related crimes are third or fourth-degree felonies. §§ 30-6A-3, -4(C).
    • Hiring or profiting from child prostitution is a second-degree felony, unless the child is less than 13 years old, in which case receiving a profit is a first-degree felony. § 30-6A-4.

  • Delayed Tolling for Minor Victims : Tolled until the victim is 18 years old. The statute of limitations for prosecutions of criminal sexual penetration or contact with a child does not run until the earlier of the victim reaching age 18 or the reporting of the offense to law enforcement. § 30-1-9.1.
State Outreach Organizations
Survivors Network of those Abused by Priests: New Mexico

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