NEW MEXICO : Rape/Molestation Statutes of Limitation
Criminal sexual penetration is the unlawful and intentional causing of a person to engage in sexual intercourse, cunnilingus, fellatio or anal intercourse or the causing of penetration, to any extent and with any object, of the genital or anal openings of another, whether or not there is any emission.
Criminal sexual penetration in the first degree consists of all sexual penetration perpetrated:
1. on a child under 13 years of age, or;
2. by the use of force or coercion that results in great bodily harm or great mental anguish to the victim
First-degree criminal sexual penetration is a first-degree felony. There is no statute of limitations for first-degree felonies in New Mexico.
Bob commits criminal sexual penetration against Jane when she's 12. Because his crime is a first-degree felony, there is no limit of time by which Bob must be prosecuted; charges can be brought against him at any time.
Criminal sexual penetration in the second degree consists of all criminal sexual penetration perpetrated:
1. on a child thirteen to eighteen years of age when the perpetrator is in a position of authority over the child and uses this authority to coerce the child to submit;
2. on an inmate confined in a correctional facility or jail when the perpetrator is in a position of authority over the inmate;
3. by the use of force or coercion that results in personal injury to the victim;
4. by the use of force or coercion when the perpetrator is aided or abetted by one or more persons;
5. in the commission of any other felony; or
6. when the perpetrator is armed with a deadly weapon.
Criminal sexual contact of a minor is the unlawful and intentional touching of or applying force to the intimate parts of a minor or the unlawful and intentional causing of a minor to touch one's intimate parts. For the purposes of this section, "intimate parts" means the primary genital area, groin, buttocks, anus or breast.
1. on a child under thirteen years of age; or
2. on a child thirteen to eighteen years of age when:
a. the perpetrator is in a position of authority over the child and uses that authority to coerce the child to submit;
b. the perpetrator uses force or coercion that results in personal injury to the child;
c. the perpetrator uses force or coercion and is aided or abetted by one or more persons; or
d. the perpetrator is armed with a deadly weapon.
Criminal sexual penetration in the second degree and criminal sexual contact of a minor are both second-degree felonies. The statute of limitations for second-degree felonies in New Mexico is 6 years after the commission of the act.
Bob makes criminal sexual contact with Jane, who is 12 years old. Jane needs to tell someone as soon as possible, as in New Mexico, she only has 6 years from the date the act occured for Bob to be prosecuted for the crime.
Criminal sexual penetration in the third degree consists of all criminal sexual penetration perpetrated through the use of force or coercion. Whoever commits criminal sexual penetration in the third degree is guilty of a third degree felony. Whoever commits criminal sexual penetration in the third degree when the victim is a child who is thirteen to eighteen years of age is guilty of a third degree felony for a sexual offense against a child.
Criminal sexual penetration in the fourth degree consists of all criminal sexual penetration:
1. perpetrated on a child thirteen to sixteen years of age when the perpetrator is at least eighteen years of age and is at least four years older than the child and not the spouse of that child; or
2. perpetrated on a child thirteen to eighteen years of age when the perpetrator, who is a licensed school employee, an unlicensed school employee, a school contract employee, a school health service provider or a school volunteer, and who is at least eighteen years of age and is at least four years older than the child and not the spouse of that child, learns while performing services in or for a school that the child is a student in a school.
Criminal sexual contact of a minor in the fourth degree consists of all criminal sexual contact:
1. of a child thirteen to eighteen years of age perpetrated with force or coercion; or
2. of a minor perpetrated on a child thirteen to eighteen years of age when the perpetrator, who is a licensed school employee, an unlicensed school employee, a school contract employee, a school health service provider or a school volunteer, and who is at least eighteen years of age and is at least four years older than the child and not the spouse of that child, learns while performing services in or for a school that the child is a student in a school.
The statute of limitations for criminal sexual penetration in the third and fourth degrees, as well as criminal sexual contact of a minor in the third and fourth degrees is 5 years from the commission of the act.
Bob makes criminal sexual contact with Jane when she's 16 years old. Jane must tell someone as soon as possible, as she has only 5 years from the date the incident occurred in which Bob can be prosecuted for his crime.
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