Details

1. N.M. Stat. Ann. § 37-1-30(A)(1)-(2). (“Action for damages due to childhood sexual abuse; limitation on actions. A.  An action for damages based on personal injury caused by childhood sexual abuse shall be commenced by a person before the latest of the following dates:   (1)  the first instant of the person’s twenty-fourth birthday; or  (2)  three years from the date of the time that a person knew or had reason to know of the childhood sexual abuse and that the childhood sexual abuse resulted in an injury to the person, as established by competent medical or psychological testimony.”)

2. Kevin J. v. Sager, 128 N.M. 794, 2000-NMCA-012, 999 P.2d 1026, 1999 N.M. App. LEXIS 150, 39 N.M. St. B. Bull. 8 (N.M. Ct. App. 1999) (applying § 37-1-30(A)(2) to plaintiff’s claim against abuser doctor and employer hospital).(Full case caption: KEVIN J., Plaintiff-Appellee, v. EDWARD M. SAGER, M.D., and HEIGHTS MEDICAL CENTER, Defendants-Appellants.)

MAJORITY

1. Majority, yes.

a.  N.M. Stat. Ann. § 37-1-10 (Minors; incapacitated persons).

2. Discovery, yes, liberal

a. N.M. Stat. Ann. § 37-1-30(A)(2) (“from the date of the time that a person knew or had reason to know of the childhood sexual abuse and that the childhood sexual abuse resulted in an injury to the person, as established by competent medical or psychological testimony”) (here “resulted in” = causation prong).

b. Kevin J. v. Sager, 128 N.M. 794, 797, 999 P.2d 1026, 1029 (N.M. Ct. App. 1999) (“Accordingly, reading the statute as a whole in its logical sense and applying the requirement for medical or psychological testimony to the entire section, we believe that the legislature intended the statute of limitations to begin running at the time a plaintiff knew or had reason to know of the connection between the alleged childhood sexual abuse and the injury, as established by competent medical or psychological testimony.”);

N.M. Stat. Ann. § 30-1-8(I) (“for a capital felony or a first degree violent felony, no limitation period shall exist and prosecution for these crimes may commence at any time after the occurrence of the crime.”)

N.M. Stat. Ann. § 30-1-8 (A) (“ for a second degree felony, within six years from the time the crime was committed;”)

N.M. Stat. Ann. § 30-1-8 (B) (“for a third or fourth degree felony, within five years from the time the crime was committed;”)

N.M. Stat. Ann. § 30-1-9.1 (“The applicable time period for commencing prosecution pursuant to Section 30-1-8 NMSA 1978 shall not commence to run for an alleged violation of Section 30-6-1, 30-9-11 or 30-9-13 NMSA 1978 until the victim attains the age of eighteen or the violation is reported to a law enforcement agency, whichever occurs first.”)

General report to Children, Youth, and Families Department that criminal sexual contact of a minor may have occurred was insufficient to trigger running of the statute of limitations. In order for statute to begin running, victim must either reach 18, or a specific report of the actual charged incident must be made to a law enforcement agency. State v. Whittington, 2008-NMCA-063, 144 N.M. 85, 183 P.3d 970, 2008 N.M. App. LEXIS 32 (N.M. Ct. App. 2008).

N.M. Stat. Ann. § 30-9-11 – Criminal sexual penetration.

N.M. Stat. Ann. § 30-9-13 – Criminal sexual contact of a minor.

N.M. Stat. Ann. § 30-6-1 –  Abandonment or abuse of a child.

1978 Comp., § 30-1-9.1, enacted by Laws 1987, ch. 117, § 1. (text: The applicable time period for commencing prosecution pursuant to Section 30-1-8 NMSA 1978 shall not commence to run for an alleged violation of Section 30-6-1, 30-9-11 or 30-9-13 NMSA 1978 until the victim attains the age of eighteen or the violation is reported to a law enforcement agency, whichever occurs first. N.M. Stat. Ann. § 30-1-9.1).

DNA tolling– N.M. Stat. Ann. § 30-1-9.2 (A) (“When DNA evidence is available and a suspect has not been identified, the applicable time period for commencing a prosecution pursuant to Section 30-1-8 NMSA 1978 shall not commence to run for an alleged violation of Section 30-9-11 NMSA 1978 until a DNA profile is matched with a suspect.”)