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Legislation Detail
SB 94 STATUTE OF LIMITATIONS FOR CERTAIN SEX CRIMES
Sponsored By: Sen Jeff Steinborn

Actions: [2] SHPAC/SJC-SHPAC [9] DP-SJC

Scheduled: Not Scheduled

Summary:
 Senate Bill 94 (SB 94) increases the statutes of limitations for certain criminal sexual penetration offenses against children.  
Legislation Overview:
 Senate Bill 94 (SB 94) amends two sections of criminal law regarding the statutes of limitations for certain offenses of criminal sexual penetration. 
Frist, the bill amends Section 30-1-8 NMSA 1978 by providing that a prosecution for criminal sexual penetration against a minor can be brought at any time until the alleged victim reaches the age of 35.  
This does not apply to violent first degree felonies or criminal sexual penetration in the fourth degree.  Criminal sexual penetration in the fourth degree consists of criminal sexual penetration of a victim aged 13 to 16 when the perpetrator is at least 18 years old and at least four years older than the child, or when a victim aged 13 to 18 by a school employee who is at least 18 and at least four years older than the child.  
Second, the bill amends Section 30-1-9.1 NMSA 1978 by clarifying that the statute of limitation for criminal sexual penetration in the fourth degree begins to run once the victim turns 18 or the violation is reported to law enforcement, whichever occurs first.  
Current Law:
 Currently, the statute of limitation for criminal sexual penetration cases against a minor begins to run once the victim turns 18 or the violation is reported to law enforcement, whichever occurs first. 
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