N.M. Stat. § 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. except as provided in Subsection H of this section:
(1)
for a second degree felony, within six years from the time the crime was
committed; and
(2)
for a third or fourth degree felony, within five years from the time the crime
was committed;
B. for a misdemeanor, within two years from the time the crime was committed;
C. for a petty misdemeanor, within one year from the time the crime was committed;
D. for any crime against or violation of Section 51-1-38 NMSA 1978, within three
years from the time the crime was committed;
E. 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;
F. for an identity theft crime pursuant to Section 30-16-24.1 NMSA 1978, within five
years from the time the crime was discovered;
G. for any crime not contained in the Criminal Code [Chapter 30 NMSA 1978] or
where a limitation is not otherwise provided for, within three years from the time the
crime was committed; and
H. no limitation period shall exist and prosecution for the following crimes may
commence at any time after the occurrence of:
(1)
a capital felony, as provided in Section 31-18-14 NMSA 1978;
(2)
a first degree violent felony;
(3)
second degree murder, as provided in Subsection B of Section 30-2-1
NMSA 1978;
(4)
second degree criminal sexual contact of a minor, as provided in Section
30-9-13 NMSA 1978; or
(5)
second degree criminal sexual penetration, as provided in Section 30-9-11
NMSA 1978.