N.M. Stat. Ann. § 30-1-9.2
History: Laws 2003, ch. 257, § 1; 2026, ch. 21, § 3.
The 2026 amendment, effective May 20, 2026, amended the section to reflect amendments to 30-1-8 NMSA 1978, which eliminated the statute of limitation period for certain sexual crimes; in Subsection A, after "alleged violation of" added "a third or fourth degree felony pursuant to".
Applicability. — Laws 2003, ch. 257, § 2 provided that the provisions of Laws 2003, ch. 257, § 1 apply to an alleged violation of Section 30-9-11 NMSA 1978 for which the applicable time period for commencing a prosecution as provided in Section 30-1-8 NMSA 1978 had not expired as of July 1, 2003.
Section does not apply retroactively. — Generally, a statute is applied prospectively unless the legislature has made clear its intention to apply it retroactively. This section does not indicate whether the legislature intended the statute to apply to crimes committed before its effective date, and therefore it may be presumed that the legislature intended this section to operate prospectively. This intent is reflected in the express language of the applicability provision which states that the provisions of this act are applicable to an alleged violation of 30-9-11 NMSA 1978, for which the applicable time period for commencing a prosecution, as provided in 30-1-8 NMSA 1978, had not expired as of July 1, 2003. Retroactive Application of Criminal Statute (4/27/17), Att'y Gen. Adv. Ltr. 2017-04.