SANTA FE — The New Mexico Senate has passed legislation that would eliminate the statute of limitations for criminal sexual contact of a minor, allowing victims to pursue criminal charges at any time after an assault.
Senate Bill 41 was approved Thursday by a 40–1 vote. The bill is sponsored by Senators Angel Charley, Jeff Steinborn, George K. Muñoz, and Cindy Nava, and now moves to the New Mexico House of Representatives for consideration.
Under current state law, victims of certain sexual crimes lose the ability to seek prosecution after six years, in some cases before the victim reaches the age of 24. Senate Bill 41 removes that limitation, recognizing that many survivors of childhood sexual assault are unable to come forward until later in life.
Supporters of the legislation say sexual assault is often a life-altering trauma, and that the existing time limits can prevent victims from seeking justice once they are emotionally ready. By removing the statute of limitations, the bill allows survivors time to mature, heal, and make decisions about pursuing legal action without a deadline.
The bill follows similar action taken in a growing number of states across the country that have eliminated statutes of limitations for serious sexual crimes involving children. Proponents argue the change will strengthen public safety by allowing offenders to be identified and prosecuted regardless of when the crime occurred.
“Justice doesn’t expire,” said Sen. Charley. “A victim’s pain and anguish have no statute of limitations, so neither should a victim’s right to closure.”
If approved by the House and signed into law, Senate Bill 41 would place child sexual assault crimes alongside other serious offenses in New Mexico that are not subject to time limits for prosecution.