NEW MEXICO

CHILD SEX ABUSE SOLs

Historical CSA SOL Treatise

CHILD USA has diligently tracked SOL Reform in all 50 states for years! We have the answer to your state-specific SOL questions. Our Legal team has compiled your go-to resource book to get started on your SOL legal research, available in e-book or hard cover versions.

When you add CHILD USA’s CSA SOL History Treatise to our 2024 SOL Tracker, you have robust research to back up your investigation into the SOL for each client.

More Details & Free Sample Downloads HERE

Visit the 2024 National SOL Tracker HERE

CURRENT CIVIL SOL

CSA: The civil SOL for CSA claims against all defendants is age 24 with a 3-year discovery rule.

Trafficking: The civil SOL for trafficking claims is age 28.

CSAM: The civil SOL for CSAM claims against all defendants is age 24 with a 3-year discovery rule.

CIVIL SOL SNAPSHOT

AGE CAP

CSA: Age 24

Trafficking: Age 28

CSAM: Age 24

REVIVAL LAW

None

DISCOVERY TOLLING

3 years

CURRENT NEW MEXICO CIVIL LAW

N.M. Stat. Ann. 1978, § 37-1-30 - Action for damages due to childhood sexual abuse; limitation on actions

A. An action for damages based on personal injury caused by childhood sexual abuse shall be commenced by a person before the latest of the following dates:

(1) the first instant of the person’s twenty-fourth birthday; or

(2) three years from the date that a person first disclosed the person’s childhood sexual abuse to a licensed medical or mental health care provider in the context of receiving health care from the provider.

B. As used in this section, “childhood sexual abuse” means conduct that, if prosecuted in a criminal matter, would constitute a violation of:

(1) Section 30-9-11 NMSA 1978, regarding criminal sexual penetration of a minor;

(2) Section 30-9-13 NMSA 1978, regarding criminal sexual contact of a minor; or

(3) the Sexual Exploitation of Children Act.

C. The provisions of Section 37-1-8 NMSA 1978 and any statutes of limitation therein shall not apply to causes of action for childhood sexual abuse.

Case law

Kevin J. v. Sager, 128 N.M. 794, 797, 999 P.2d 1026, 1029 (N.M. Ct. App. 1999) (“Accordingly, reading the statute as a whole in its logical sense and applying the requirement for medical or psychological testimony to the entire section, we believe that the legislature intended the statute of limitations to begin running at the time a plaintiff knew or had reason to know of the connection between the alleged childhood sexual abuse and the injury, as established by competent medical or psychological testimony.”)

CURRENT CRIMINAL SOL

CSA: There is no criminal SOL for first-degree felonies, including CSA. The SOL is age 23 for non-first-degree abandonment or abuse, criminal sexual penetration, or criminal sexual contact. The SOL for other felonies is 5 or 6 years from commission, and 2 years for misdemeanors.

Trafficking: There is no SOL for trafficking of victims under age 13. The SOL is 6 years from the offense for trafficking victims under age 16.

CSAM: The SOL for CSAM is 6 years from the offense for second-degree felony violations and 5 years from the offense for third- and fourth-degree felony violations.

CRIMINAL SOL SNAPSHOT

OTHER FELNOIES

CSA	No SOL
TRAFFICKING	No SOL
CSAM	6 years from offense

CURRENT NEW MEXICO CRIMINAL LAW

N.M. Stat. Ann. 1978, § 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, 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.

N.M. Stat. Ann. 1978, § 30-1-9.1 - Offenses against children; tolling of statute of limitations

The applicable time period for commencing prosecution pursuant to Section 30-1-8 NMSA 1978 shall not commence to run for an alleged violation of Section 30-6-1, 30-9-11 or 30-9-13 NMSA 1978 until the victim attains the age of eighteen or the violation is reported to a law enforcement agency, whichever occurs first.

N.M. Stat. Ann. § 30-1-9.2 - Criminal sexual penetration; tolling of statute of limitations

A. When DNA evidence is available and a suspect has not been identified, the applicable time period for commencing a prosecution pursuant to Section 30-1-8 NMSA 1978 shall not commence to run for an alleged violation of Section 30-9-11 NMSA 1978 until a DNA profile is matched with a suspect.

B. As used in this section, “DNA” means deoxyribonucleic acid.”

Case Law

The information provided is solely for informational purposes and is not legal advice. To determine the New Mexico SOL in a particular case, contact a lawyer in the state.

BACK TO STATE MAP

Last Updated: December 5, 2023