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:
Attorney's Note
Under the New Mexico Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| second degree felony | up to 9 years | up to $10,000 |
| fourth degree felony | up to 18 months | up to $5,000 |
| petty misdemeanor | up to 6 months | up to $500 |
Terms Used In New Mexico Statutes 30-1-8
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
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 N.M. Stat. Ann., 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 N.M. Stat. Ann., 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 N.M. Stat. Ann., within five years from the time the crime was discovered;
H. for any crime not contained in the Criminal Code [30-1-1 N.M. Stat. Ann.] 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, a first degree violent felony or second degree murder pursuant to Subsection B of Section 30-2-1 N.M. Stat. Ann., no limitation period shall exist and prosecution for these crimes may commence at any time after the occurrence of the crime.