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 [
30-1-1 NMSA 1978] 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 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.