Section 30-1-8 - Time limitations for commencing prosecutionA 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 [30-1-1 NMSA 1978] or where a limitation is not otherwise provided for, within three years from the time the crime was committed; andI. for a capital felony, a first degree 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.1953 Comp., § 40A-1-8, enacted by Laws 1963, ch. 303, § 1-8; 1979, ch. 5, § 1; 1980, ch. 50, § 1; 1997, ch. 157, § 1; 2005, ch. 108, § 7; 2009, ch. 95, § 2.Amended by 2022, c. 56,s. 23, eff. 5/18/2022.