New Mexico House advances bill to eliminate statute of limitations for sex crimes related to children
Just after 1 a.m. Tuesday, members of the New Mexico House Judiciary Committee unanimously advanced a bill to remove the time limits for prosecuting criminal sexual contact with children.
Senate Bill 41, sponsored by Senator Angel Charley (D-Acoma), originally would have removed the statute of limitations for serious sex crimes regardless of age, but was narrowed by a series of amendments in the Senate Judiciary Committee, after members in a Feb. 11 meeting expressed concerns that the law was applied too broadly and would complicate prosecutions and defenses, especially if there was missing or degraded evidence.
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Charley told the committee SB41 offers a measure of justice for survivors who experience sexual assault as children, which national statistics report affects at least one in four girls and one in 20 boys.
“These crimes are not rare, and they are often not reported quickly. Survivors have been consistent and clear, the timeline of healing does not align with the timeline that we currently have in our laws and our statutes,” Charley said. “Justice should not expire before someone is ready to speak.”
The bill removes the current six-year limit for prosecuting second-degree sexual criminal contact with minors. First-degree felonies involving criminal sexual contact with minors already lack statutes of limitation for prosecution.
Lawmakers approved an amendment addressing drafting errors in the bill Tuesday evening.
Representative William “Bill” Hall (R-Aztec) said he welcomed SB41, saying the measure would more closely align with federal laws, but said he would welcome expanding it in future sessions.
“This is a good start, even if it’s not quite what everyone wants, it more closely mirrors the federal laws,” Hall said.
New Mexico Coalition of Sexual Assault programs Executive Director Alexandria Taylor pointed to data showing that 40 percent of reported rape and sexual assault victims were 12 or under, according to the 2024 New Mexico Crime Victimization Report, but that many survivors don’t tell anyone about abuse until decades later.
“SB41 reflects the change in our understanding and how trauma works, and what we know about disclosure,” Taylor told Source NM in a call.
The bill now heads to the House floor and is expected to be heard Wednesday, Charley told Source NM.
