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SENATE BILL 94
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Jeff Steinborn
AN ACT
RELATING TO CRIME; INCREASING THE STATUTES OF LIMITATIONS FOR
CRIMINAL SEXUAL PENETRATION.
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. 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
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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 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. 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. for a crime against a minor pursuant to Section
30-9-11 NMSA 1978, prosecution may commence at any time after
the occurrence of the crime until the alleged victim reaches
the age of thirty-five; provided that this subsection shall not
apply to violent first degree felonies or to Paragraph (1) of
Subsection G of Section 30-9-11 NMSA 1978;
[H.] I. 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.] J. for a capital felony, a first degree
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violent felony or second degree murder pursuant to Subsection B
of Section 30-2-1 NMSA 1978, no limitation period shall exist
and prosecution for these crimes may commence at any time after
the occurrence of the crime."
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--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 Section 30-6-1,
30-9-11 or 30-9-13 NMSA 1978 or of Paragraph (1) of Subsection
G of Section 30-9-11 NMSA 1978 until the victim attains the age
of eighteen or the violation is reported to a law enforcement
agency, whichever occurs first."
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