STATUTE OF LIMITATIONS FOR CERTAIN SEX CRIMES, the official text

SENATE BILL 41

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Angel M. Charley and Jeff Steinborn and George K. Muñoz

and Cindy Nava

AN ACT

RELATING TO CRIME; ELIMINATING THE STATUTE OF LIMITATIONS FOR
CERTAIN SEXUAL CRIMES; MAKING CONFORMING AMENDMENTS; REPEALING
SECTION 30-1-9.2 NMSA 1978 (BEING LAWS 2003, CHAPTER 257,
SECTION 1).

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1. Section 30-1-8 NMSA 1978 (being Laws 1963,
Chapter 303, Section 1-8, as amended) is amended to read:

"30-1-8. TIME LIMITATIONS FOR COMMENCING PROSECUTION.--A
person shall not be prosecuted, tried or punished in any court
of this state unless the indictment is found or information or
complaint is filed within the time as provided:

A. except as provided in Subsection H of this
section:

(1) for a second degree felony, within six
years from the time the crime was committed; and

[B.] (2) for a third or fourth degree felony,
within five years from the time the crime was committed;

[C.] B. for a misdemeanor, within two years from
the time the crime was committed;

[D.] C. for a petty misdemeanor, within one year
from the time the crime was committed;

[E.] D. for any crime against or violation of
Section 51-1-38 NMSA 1978, within three years from the time the
crime was committed;

[F.] E. for a felony pursuant to Section 7-1-71.3,
7-1-72 or 7-1-73 NMSA 1978, within five years from the time the
crime was committed; provided that for a series of crimes
involving multiple filing periods within one calendar year, the
limitation shall begin to run on December 31 of the year in
which the crimes occurred;

[G.] F. for an identity theft crime pursuant to
Section 30-16-24.1 NMSA 1978, within five years from the time
the crime was discovered;

[H.] G. for any crime not contained in the Criminal
Code or where a limitation is not otherwise provided for,
within three years from the time the crime was committed; and

[I. for a capital felony, a first degree violent
felony or second degree murder pursuant to Subsection B of
Section 30-2-1 NMSA 1978]

H. no limitation period shall exist and prosecution
for [these] the following crimes may commence at any time after
the occurrence of [the crime]:

(1) a capital felony, as provided in Section
31-18-14 NMSA 1978;

(2) a first degree violent felony;

(3) second degree murder, as provided in
Subsection B of Section 30-2-1 NMSA 1978;

(4) second, third or fourth degree criminal
sexual penetration, as provided in Section 30-9-11 NMSA 1978;

(5) second, third or fourth degree criminal
sexual contact of a minor, as provided in Section 30-9-13 NMSA
1978;

(6) second, third or fourth degree attempt to
commit a felony, as provided in Section 30-28-1 NMSA 1978, if
the crime attempted is:

(a) criminal sexual penetration, as
provided in Section 30-9-11 NMSA 1978; or

(b) criminal contact of a minor, as
provided in Section 30-9-13 NMSA 1978;

(7) second, third or fourth degree conspiracy,
as provided in Section 30-28-2 NMSA 1978, if the crime
conspired to be committed is:

(a) criminal sexual penetration, as
provided in Section 30-9-11 NMSA 1978; or

(b) criminal contact of a minor, as
provided in Section 30-9-13 NMSA 1978; and

(8) second, third or fourth degree criminal
solicitation, as provided in Section 30-28-3 NMSA 1978, if the
crime solicited is:

(a) criminal sexual penetration, as
provided in Section 30-9-11 NMSA 1978; or

(b) criminal contact of a minor, as
provided in Section 30-9-13 NMSA 1978."

SECTION 2. Section 30-1-9.1 NMSA 1978 (being Laws 1987,
Chapter 117, Section 1) is amended to read:

"30-1-9.1. [OFFENSES AGAINST CHILDREN] ALLEGED VIOLATIONS
FOR THE ABANDONMENT OR ABUSE OF A CHILD--TOLLING OF STATUTE OF
LIMITATIONS.--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 abandonment or
abuse of a child, as provided in 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."

SECTION 3. REPEAL.--Section 30-1-9.2 NMSA 1978 (being
Laws 2003, Chapter 257, Section 1) is repealed.

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