2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 1 - Issuance of Process and Warrants › Section 31-1-2 - Definitions.

Unless a specific meaning is given, as used in the Criminal Procedure Act:
A. "accused" means any person charged with the violation of any law of this state imposing a criminal penalty;
B. "bail bond" is a contract between surety and the state to the effect that the accused and the surety will appear in court when required and will comply with all conditions of the bond;
C. "defendant" means any person accused of a violation of any law of this state imposing a criminal penalty;
D. "felony" means any crime so designated by law or if upon conviction thereof a sentence of death or of imprisonment for a term of one year or more is authorized;
E. "person", unless a contrary intention appears, means any individual, estate, trust, receiver, cooperative association, club, corporation, company, firm, partnership, joint venture, syndicate or other entity;
F. "police officer", "law enforcement officer", "peace officer" or "officer" means any full-time salaried or certified part-time salaried officer who by virtue of office or public employment is vested by law with the duty to maintain the public peace;
G. "recognizance" means any obligation of record entered into before a court requiring the accused to appear at all appropriate times or forfeit any bail and be subject to criminal penalty for failure to appear;
H. "release on personal recognizance" or "release on own recognizance" means the release of a defendant without bail, bail bond or sureties upon the defendant's promise to appear at all appropriate times;
I. "rules of civil procedure" means rules of civil procedure for the district courts of the state of New Mexico, as may be amended from time to time;
J. "rules of criminal procedure" means rules of criminal procedure for the district courts, magistrate courts and municipal courts adopted by the New Mexico supreme court, as may be amended from time to time;
K. "misdemeanor" means any offense for which the authorized penalty upon conviction is imprisonment in excess of six months but less than one year; and
L. "petty misdemeanor" means any offense so designated by law or if upon conviction a sentence of imprisonment for six months or less is authorized.
History:
1953 Comp., § 41-1-2, enacted by Laws 1972, ch. 71, § 5; 1973, ch. 73, § 2; 1979, ch. 123, § 1; 2009, ch. 249, § 1.
ANNOTATIONS
Repeals and reenactments.
— Laws 1972, ch. 71, § 5, repealed 41-1-2, 1953 Comp., relating to warrants and affidavits of information and belief, and enacted a new 31-1-2 NMSA 1978.
The 2009 amendment,
effective June 19, 2009, in Subsection F, after "full-time salaried", added "or certified part-time salaried".
No "accused" prior to commencement of criminal proceedings.
— Where no complaint, information or indictment has been filed which names the accused, and no criminal prosecution has been commenced, the defendant is not an "accused" nor a "defendant."
Sanchez v. Attorney Gen.
, 1979-NMCA-081, 93 N.M. 210, 598 P.2d 1170.
Petty misdemeanor does not include violations of city ordinances
in this penalty range, since such a violation is not a misdemeanor. 1973 Op. Att'y Gen. No. 73-46.