NEW MEXICO
CHILD SEX ABUSE SOLs
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 |
Civil SOL History
| Age Cap | |
| 2002 | CSA SOL of age 24, including CSAM claims.[i] |
| 2013 | Added a civil cause of action for human trafficking claims against human traffickers and set the SOL at age 28 (age of majority, 18, plus 10 years) or 10 years from the offense.[ii] |
| Revival Law | |
| N/A | No window or other SOL revival law. |
| Discovery | |
| Common Law | New Mexico has a common law discovery rule that delays accrual of the cause of action until “the plaintiff knows or with reasonable diligence should have known of the injury and its cause.”[iii] New Mexico courts refused to apply the discovery rule to a CSA case where the victim contracted venereal diseases and became pregnant prior to claiming discovery.[iv] |
| Statutory | In 1993, New Mexico enacted a statutory discovery rule giving the victim 3 years after they “knew or had reason to know, as established by competent medical or psychological testimony, that the injury was caused by childhood sexual abuse.”[v] In 2017, the statutory discovery provision was revised to allow a case to be brought within 3 years from the date a person first disclosed the abuse to a licensed medical or mental health care provider when seeking or receiving health care from that provider.[vi] However, the plaintiff does not need to understand every aspect of their injury before the SOL will begin to run.[vii] The discovery rule applies to perpetrators and non-perpetrators, as well as public entities when the claims are negligence-based.[viii] |
[i] N.M. Stat. Ann. § 37-1-30 (2002) (age twenty-four SOL). Pursuant to the discovery rule, the SOL ran from when a victim knew or had reason to know of the abuse and that it resulted in an injury, “as established by competent medical or psychological testimony.”
[ii] Id. at § 30-52-1.1 (2013) (human trafficking SOL).
[iii] Kirsch, supra note 669, at 509 (citing Roberts v. Southwest Community Health Servs., 837 P.2d 442, 451 (N.M. 1992)).
[iv] Kirsch, supra note 669, at 513.
[v] N.M. Stat. Ann. § 37-1-30 (1993).
[vi] Id. at § 37-1-30 (2021).
[vii] Kevin J. v. Sager, 999 P.2d 1026, 1031 (N.M. Ct. App. 1999).
[viii] R.P. v. Santa Fe Pub. Schs., 2020 WL 435368, *2, *4 (D. N.M. Jan. 28, 2020); Doe 1. v. Espanola Pub. Schs., 2019 WL 586661, *7, *13 (D. N.M. Feb. 12, 2019).
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 |
Criminal SOL History
| Age Cap | |
| 1997 | Since 1997, there has been no criminal SOL for first-degree felonies, including CSA and trafficking.[i] The SOL for other CSA, trafficking and CSAM felonies is between 5 and 6 years from when the crime is committed, and the SOL for misdemeanors is 2 years.[ii] The SOL for felony and misdemeanor abandonment or abuse of a child, criminal sexual penetration, and criminal sexual contact with a minor does not run until either a victim reaches the age of 18 or until the violation is reported to a law enforcement agency, whichever comes first.[iii] |
| 2003 | Added a DNA statute for the crime of sexual penetration, which provides that if DNA is collected the SOL only starts running after a match is found.[iv] |
| 2019 | New Mexico was poised to pass a bill that would have extended the criminal SOL for additional felonies, but the Governor vetoed that bill because of a drafting error that would have shortened the SOL for some felonies.[v] |
[i] Id. at § 30-1-8 (1997) (no SOL).
[ii] Id.
[iii] Id. at § 30-1-9.1 (1997) (majority tolling).
[iv] Id. at § 30-1-9.2 (2003) (DNA).
[v] Colleen Heild, Fatal flaw: Drafting error sinks child sex crime bill, Albuquerque J. (May 5, 2019, 12:05 AM), https://www.abqjournal.com/1311227/fatal-flaw-drafting-error-sinks-child-sex-crime-bill.html.
CURRENT NEW MEXICO CRIMINAL LAW
N.M. Stat. Ann. 1978, § 30-1-8 - Time limitations for commencing prosecution
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.
Last Updated: December 5, 2023