2006 New Mexico Statutes - Section 30-1-8 — Time limitations for commencing prosecution.

30-1-8. Time limitations for commencing prosecution.

No person shall be prosecuted, tried or punished in any court of this state unless the indictment is found or information or complaint is filed therefor within the time as provided:

A.     for a second degree felony, within six years from the time the crime was committed;

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

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

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

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

F.     for a felony pursuant to Sections 7-1-72 or 7-1-73 NMSA 1978 or Section 4 of this 2005 act, 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.     for any crime not contained in the Criminal Code [ 30-1-1 NMSA 1978] or where a limitation is not otherwise provided for, within three years from the time the crime was committed; and

H.     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.

Disclaimer: These codes may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.