2021 New Mexico Statutes
Chapter 30 - Criminal Offenses
Article 1 - General Provisions
Section 30-1-9.1 - Offenses against children; tolling of statute of limitations.

Universal Citation: NM Stat § 30-1-9.1 (2021)

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.

History: Laws 1987, ch. 117, § 1.

ANNOTATIONS

Applicability. — Laws 1987, ch. 117, § 2 provided that the provisions of Laws 1987, ch. 117, § 1 apply only to crimes committed on or after June 19, 1987.

Report of a violation to a law enforcement agency. — The statute of limitations to commence a prosecution for a violation of Section 30-6-1, 30-9-11 or 30-9-13 NMSA 1978 is triggered only for the specific violation that was reported to a law enforcement agency and does not commence to run until the facts that form the basis for the violation that is being prosecuted were reported to a law enforcement agency. State v. Whittington, 2008-NMCA-063, 144 N.M. 85, 183 P.3d 97.

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