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Criminal Statutes of Limitations in New Mexico

How long prosecutors in New Mexico have to file charges for felonies and misdemeanors, and which crimes have no time limit.

Short answer: No limitation period: a capital felony; a first degree violent felony; second degree murder; second degree criminal sexual contact of a minor (§ 30-9-13); and second degree criminal sexual penetration (§ 30-9-11) (§ 30-1-8(H)). NMSA 1978, §§ 30-1-8, 30-1-9.1, 30-1-9.2

Criminal statutes of limitationsNo limitation period: a capital felony; a first degree violent felony; second degree murder; second degree criminal sexual contact of a minor (§ 30-9-13); and second degree criminal sexual penetration (§ 30-9-11) (§ 30-1-8(H)). Second degree felony — within six years from the time the crime was committed; third or fourth degree felony — within five years; misdemeanor — within two years; petty misdemeanor — within one year; any crime not contained in the Criminal Code or where a limitation is not otherwise provided for — within three years. For abandonment or abuse of a child and third or fourth degree CSP/CSCM offenses, the period does not start until the victim attains the age of eighteen or the violation is reported to law enforcement, whichever occurs first (§ 30-1-9.1).
As amended by 2026 Senate Bill 41, signed by the Governor as Laws 2026, Chapter 21 (March 4, 2026): https://www.nmlegis.gov/Legislation/Legislation?chamber=S&legtype=B&legno=41&year=26
Source: NMSA 1978, §§ 30-1-8, 30-1-9.1, 30-1-9.2

More New Mexico criminal law

FAQ

What is the statute of limitations for crimes in New Mexico?
No limitation period: a capital felony; a first degree violent felony; second degree murder; second degree criminal sexual contact of a minor (§ 30-9-13); and second degree criminal sexual penetration (§ 30-9-11) (§ 30-1-8(H)). Second degree felony — within six years from the time the crime was committed; third or fourth degree felony — within five years; misdemeanor — within two years; petty misdemeanor — within one year; any crime not contained in the Criminal Code or where a limitation is not otherwise provided for — within three years. For abandonment or abuse of a child and third or fourth degree CSP/CSCM offenses, the period does not start until the victim attains the age of eighteen or the violation is reported to law enforcement, whichever occurs first (§ 30-1-9.1).

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.