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

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 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 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 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.