reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 1 - General Provisions › Section 30-1-1 - Name and effective date of code.

This act is called and may be cited as the "Criminal Code". It shall become effective on July 1, 1963.
History:
1953 Comp., § 40A-1-1, enacted by Laws 1963, ch. 303, § 1-1.
ANNOTATIONS
Meaning of "this act".
— The words "this act" refer to Laws 1963, ch. 303, which enacted the original Criminal Code. Most of the provisions of Laws 1963, ch. 303, that have not been repealed are compiled in arts. 1 to 28 of this chapter, but some are compiled in Chapter 31. See the Table of Disposition of Acts. In addition, the Criminal Code includes later acts in which the legislature specifically stated its intention to add to the Criminal Code.
Law reviews.
— For article, "The Proposed New Mexico Criminal Code," see 1 Nat. Resources J. 122 (1961)
For article, "Survey of New Mexico Law, 1982-83: Criminal Law," see 14 N.M.L. Rev. 89 (1984).
For symposium, "The Impact of the Equal Rights Amendment on the New Mexico Criminal Code," see 3 N.M.L. Rev. 106 (1973).
For article, "Survey of New Mexico Law, 1982-83: Criminal Law," see 14 N.M.L. Rev. 89 (1984).
For comment, "Survey of New Mexico Law: Criminal Law," see 15 N.M.L. Rev. 231 (1985).
For article, "Coopting the Journalist's Privilege: Of Sources and Spray Paint," see 23 N.M.L. Rev. 435 (1993).
For note and comment, "Criminal Procedure — A Criminal Defendant is Entitled to a Specific Jury Instruction When Supporting Evidence Exists: State v. Arias," see 24 N.M.L. Rev. 485 (1994).
For article, "The Cultural Defense and the Problem of Cultural Preemption: A Framework for Analysis," see 27 N.M.L. Rev. 101 (1997).
For note, "Criminal Procedure — New Mexico Court of Appeals Defines the Scope of a Lawful Inventory Search of a Detainee Under the New Mexico Detoxification Act — State v. Johnson," see 28 N.M.L. Rev. 115 (1998).
For note, "Criminal Law — Home Alone: Why House Arrest Doesn't Qualify for Presentence Confinement Credit in New Mexico — State v. Fellhauer," see 28 N.M.L. Rev. 519 (1998).
For note and comment, "State v. Urioste: A Prosecutor's Dream and Defendant's Nightmare," see 34 N.M.L. Rev. 517 (2004).
For article, "Criminal Justice and the 2003-2004 United States Supreme Court Term", see 35 N.M.L. Rev. 123 (2005).
For article, "Reflections on Fifteen Years of the Teague v. Lane Retroactivity Paradigm: A Study of the Persistence, the Pervasiveness and Perversity of the Court's Doctrine", see 35 N.M.L. Rev. 161 (2005).
For note and comment, "Immigration Consequences of Guilty Pleas: What State v. Paredez Means to New Mexico Criminal Defendants and Defense Attorneys," see 36 N.M.L. Rev. 603 (2006).
For article, "Developing a State Constitutional Law Strategy in New Mexico Criminal Prosecutions," see 39 N.M.L. Rev, 407 (2009).
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 1 - General Provisions › Section 30-1-4 - Crime defined.

A crime is an act or omission forbidden by law and for which, upon conviction, a sentence of either death, imprisonment or a fine is authorized.
History:
1953 Comp., § 40A-1-4, enacted by Laws 1963, ch. 303, § 1-4.
ANNOTATIONS
Nature of criminal intent.
— Criminal intent is more than intentional taking. It is a mental state of conscious wrongdoing.
State v. Austin
, 1969-NMCA-095, 80 N.M. 748, 461 P.2d 230.
Crime as public offense.
— A crime is a public offense, and all public offenses are expressly defined to be crimes in New Mexico. 1959 Op. Att'y Gen. No. 59-154 (opinion rendered under 40-1-2 to 40-1-4, 1953 Comp.).
Violation of public law.
— A "public offense" is the same as a "crime," and may include a breach of the laws established for the protection of the public, as distinguished from an infringement of mere private rights. It is an act committed or omitted in violation of public law. 1959 Op. Att'y Gen. No. 59-154 (opinion rendered under 40-1-2 to 40-1-4, 1953 Comp.).
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 1 - General Provisions › Section 30-1-5 - Classification of crimes.

Crimes are classified as felonies, misdemeanors and petty misdemeanors.
History:
1953 Comp., § 40A-1-5, enacted by Laws 1963, ch. 303, § 1-5.
ANNOTATIONS
Meaning of "crime" in Detoxification Act.
— The Criminal Code makes it clear that the prohibition in the Detoxification Act (Section 43-2-16 NMSA 1978) against charging an individual held in protective custody with any "crime" includes misdemeanors and petty misdemeanors. 1973 Op. Att'y Gen. No. 73-52.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 1 - General Provisions › Section 30-1-7 - Degrees of felonies.

Felonies under the Criminal Code are classified as follows:
A. capital felonies;
B. first degree felonies;
C. second degree felonies;
D. third degree felonies; and
E. fourth degree felonies.
A felony is a capital, first, second, third or fourth degree felony when it is so designated under the Criminal Code. A crime declared to be a felony, without specification of degree, is a felony of the fourth degree.
History:
1953 Comp., § 40A-1-7, enacted by Laws 1963, ch. 303, § 1-7.
ANNOTATIONS
Law reviews.
— For article, "The Proposed New Mexico Criminal Code", see 1 Nat. Resources J. 122 (1961).
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 1 - General Provisions › Section 30-1-9.1 - Offenses against children; tolling of statute of limitations.

The applicable time period for commencing prosecution pursuant to Section 30-1-8 NMSA 1978 shall not commence to run for an alleged violation of Section 30-6-1, 30-9-11 or 30-9-13 NMSA 1978 until the victim attains the age of eighteen or the violation is reported to a law enforcement agency, whichever occurs first.
History:
Laws 1987, ch. 117, § 1.
ANNOTATIONS
Applicability.
— Laws 1987, ch. 117, § 2 provided that the provisions of Laws 1987, ch. 117, § 1 apply only to crimes committed on or after June 19, 1987.
Report of a violation to a law enforcement agency.
— The statute of limitations to commence a prosecution for a violation of Section 30-6-1, 30-9-11 or 30-9-13 NMSA 1978 is triggered only for the specific violation that was reported to a law enforcement agency and does not commence to run until the facts that form the basis for the violation that is being prosecuted were reported to a law enforcement agency.
State v. Whittington
, 2008-NMCA-063, 144 N.M. 85, 183 P.3d 97.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 1 - General Provisions › Section 30-1-9.2 - Criminal sexual penetration; tolling of statute of limitations.

A. When DNA evidence is available and a suspect has not been identified, the applicable time period for commencing a prosecution pursuant to Section 30-1-8 NMSA 1978 shall not commence to run for an alleged violation of Section 30-9-11 NMSA 1978 until a DNA profile is matched with a suspect.
B. As used in this section, "DNA" means deoxyribonucleic acid."
History:
Laws 2003, ch. 257, § 1.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 257, § 3 made the act effective on July 1, 2003.
Applicability.
— Laws 2003, ch. 257, § 2 provided that the provisions of Laws 2003, ch. 257, § 1 apply to an alleged violation of Section 30-9-11 NMSA 1978 for which the applicable time period for commencing a prosecution as provided in Section 30-1-8 NMSA 1978 had not expired as of July 1, 2003.
Section does not apply retroactively.
— Generally, a statute is applied prospectively unless the legislature has made clear its intention to apply it retroactively. This section does not indicate whether the legislature intended the statute to apply to crimes committed before its effective date, and therefore it may be presumed that the legislature intended this section to operate prospectively. This intent is reflected in the express language of the applicability provision which states that the provisions of this act are applicable to an alleged violation of 30-9-11 NMSA 1978, for which the applicable time period for commencing a prosecution, as provided in 30-1-8 NMSA 1978, had not expired as of July 1, 2003.
Retroactive Application of Criminal Statute
(4/27/17), Att'y Gen. Adv. Ltr. 2017-04.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 1 - General Provisions › Section 30-1-15 - Alleged victims of domestic abuse, stalking or sexual assault; forbearance of costs.

A. An alleged victim of an offense specified in Subsection B of this section is not required to bear the cost of:
(1) the prosecution of a misdemeanor or felony domestic violence offense, including costs associated with filing a criminal charge against an alleged perpetrator of the offense;
(2) the filing, issuance or service of a warrant;
(3) the filing, issuance or service of a witness subpoena; or
(4) the filing, issuance, registration or service of a protection order.
B. The provisions of Subsection A of this section apply to:
(1) alleged victims of domestic abuse as defined in Section 40-13-2 NMSA 1978;
(2) sexual offenses described in Sections 30-9-11 through 30-9-14 and 30-9-14.3 NMSA 1978;
(3) crimes against household members described in Sections 30-3-12 through 30-3-16 NMSA 1978;
(4) harassment, stalking and aggravated stalking described in Sections 30-3A-2 through 30-3A-3.1 NMSA 1978; and
(5) the violation of an order of protection that is issued pursuant to the Family Violence Protection Act [Chapter 40, Article 13 NMSA 1978] or entitled to full faith and credit.
History:
Laws 2002, ch. 34, § 1; 2002, ch. 35, § 1; 2008, ch. 40, § 1.
ANNOTATIONS
Cross references.
— For costs of criminal processes associated with domestic abuse offenses,
see
40-13-3.1 NMSA 1978.
The 2008 amendment,
effective July 1, 2008, provided for cost-free prosecution of a misdemeanor or felony domestic violence offense, filing of a warrant and a witness subpoena, and the filing and registration of a protection order.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 1 - General Provisions › Section 30-1-16 - Defense based on victim's gender, gender identity, gender expression or sexual orientation prohibited.

A. It shall not be a defense, justification or excuse in a criminal proceeding that the defendant's conduct was a reaction to the discovery of, knowledge about or potential disclosure of a victim's or witness's actual or perceived:
(1) gender;
(2) gender expression;
(3) gender identity; or
(4) sexual orientation.
B. It shall not be a defense, justification or excuse in a criminal proceeding that the defendant was romantically propositioned in a nonviolent or non-threatening manner by a person of the same gender or a person who is transgender.
C. Nothing in this section shall prevent a defendant from raising other recognized affirmative defense.
D. As used in this section:
(1) "gender expression" means the external appearance of a person's gender identity, often expressed through the person's behavior, physical appearance or voice, which expression may or may not conform to socially defined behaviors and characteristics typically associated with masculinity or femininity;
(2) "gender identity" means a person's self-perception, or perception of that person by another, of the person's identity as a male or female based upon the person's appearance, behavior or physical characteristics that are in accord with or opposed to the person's physical anatomy, chromosomal sex or sex at birth; and
(3) "sexual orientation" means heterosexuality, homosexuality or bisexuality, whether actual or perceived.
History:
Laws 2022, ch. 56, § 52.
ANNOTATIONS
Effective dates.
— Laws 2022, ch. 56, § 52 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2022, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 2 - Homicide › Section 30-2-2 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1980, ch. 21, § 2, repealed 30-2-2 NMSA 1978, as enacted by Laws 1963, ch. 303, § 2-2, relating to malice.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 2 - Homicide › Section 30-2-5 - Excusable homicide.

Homicide is excusable in the following cases:
A. when committed by accident or misfortune in doing any lawful act, by lawful means, with usual and ordinary caution and without any unlawful intent; or
B. when committed by accident or misfortune in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat, if no undue advantage is taken, nor any dangerous weapon used and the killing is not done in a cruel or unusual manner.
History:
1953 Comp., § 40A-2-6, enacted by Laws 1963, ch. 303, § 2-6.
ANNOTATIONS
Limited instruction erroneous.
— Instruction limiting defendant's defense of excusable homicide, by omitting homicide committed in doing a lawful act, by lawful means, and with ordinary caution, constituted reversible error.
State v. Welch
, 1933-NMSC-084, 37 N.M. 549, 25 P.2d 211.
Law reviews.
— For symposium, "The Impact of the Equal Rights Amendment on the New Mexico Criminal Code," see 3 N.M.L. Rev. 106 (1973).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 40 Am. Jur. 2d Homicide §§ 110 to 138.
Discharge of firearm without intent to inflict injury as proximate cause of homicide resulting therefrom, 55 A.L.R. 921.
Hunting accident: criminal responsibility for injury or death resulting from, 23 A.L.R.2d 1401.
Druggist's criminal responsibility for death or injury in consequence of mistake, 55 A.L.R.2d 714.
Criminal responsibility for injury or death in operation of mechanically defective motor vehicle, 88 A.L.R.2d 1165.
Criminal liability for excessive or improper punishment inflicted on child by parent, teacher, or one in loco parentis, 89 A.L.R.2d 396.
Retreat: duty to retreat where assailant and assailed share the same living quarters, 26 A.L.R.3d 1296.
Improper treatment of disease, 45 A.L.R.3d 114.
Homicide: physician's withdrawal of life supports from comatose patient, 47 A.L.R.4th 18.
Homicide: duty to retreat where assailant and assailed share the same living quarters, 67 A.L.R.5th 637.
40 C.J.S. Homicide §§ 101 to 138.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 2 - Homicide › Section 30-2-8 - When homicide is excusable or justifiable defendant to be acquitted.

Whenever any person is prosecuted for a homicide, and upon his trial the killing shall be found to have been excusable or justifiable, the jury shall find such person not guilty and he shall be discharged.
History:
1953 Comp., § 40A-2-9, enacted by Laws 1963, ch. 303, § 2-9.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 3 - Assault and Battery › Section 30-3-7 - Injury to pregnant woman.

A. Injury to [a] pregnant woman consists of a person other than the woman injuring a pregnant woman in the commission of a felony causing her to suffer a miscarriage or stillbirth as a result of that injury.
B. As used in this section:
(1) "miscarriage" means the interruption of the normal development of the fetus, other than by a live birth and which is not an induced abortion, resulting in the complete expulsion or extraction from a pregnant woman of a product of human conception; and
(2) "stillbirth" means the death of a fetus prior to the complete expulsion or extraction from its mother, irrespective of the duration of pregnancy and which is not an induced abortion; and death is manifested by the fact that after the expulsion or extraction the fetus does not breathe spontaneously or show any other evidence of life such as heart beat, pulsation of the umbilical cord or definite movement of voluntary muscles.
C. Whoever commits injury to [a] pregnant woman is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
History:
Laws 1985, ch. 239, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For injury to pregnant woman by vehicle,
see
66-8-101.1 NMSA 1978.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 3 - Assault and Battery › Section 30-3-8.1 - Seizure and forfeiture of motor vehicle; procedure.

A. A motor vehicle shall be subject to seizure and forfeiture when the vehicle is used or intended for use in the commission of the offense of shooting at or from a motor vehicle pursuant to Subsection B of Section 30-3-8 NMSA 1978.
B. The provisions of the Forfeiture Act [Chapter 31, Article 27 NMSA 1978] apply to the seizure, forfeiture and disposal of a motor vehicle subject to forfeiture pursuant to Subsection A of this section.
History:
Laws 1993, ch. 78, § 2; 2002, ch. 4, § 11.
ANNOTATIONS
The 2002 amendment,
effective July 1, 2002, deleted former Subsections B through F, which contained standards and procedures for the forfeiture of motor vehicles used or intended for use in the commission of the offense of shooting at or from a motor vehicle pursuant to Subsection B of Section 30-3-8 NMSA 1978; and added present Subsection B.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Who is exempt from forfeiture of conveyances under "innocent owner" provision of 21 USC § 881(a)(4), 112 A.L.R. Fed. 589.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 3 - Assault and Battery › Section 30-3-8.2 - Court record of conviction; revocation of driver's license.

Upon a conviction for the offense of shooting at or from a motor vehicle pursuant to Subsection B of Section 30-3-8 NMSA 1978, or of a conviction for a conspiracy or attempt to commit that offense, the district court shall send a record of the conviction to the motor vehicle division of the taxation and revenue department. The division shall immediately revoke the driver's licenses or driving privileges of all persons convicted of the offense of shooting at or from a motor vehicle, or convicted of conspiring or attempting to commit that offense, pursuant to the provisions of Subsection E of Section 66-5-29 NMSA 1978.
History:
Laws 1993, ch. 78, § 3.
ANNOTATIONS
Effective dates.
— Laws 1993, ch. 78, § 5 makes the act effective on July 1, 1993.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 3 - Assault and Battery › Section 30-3-9.1 - Assault; battery; sports officials.

A. As used in this section:
(1) "in the lawful discharge of his duties" means engaged in the performance of the duties of a sports official;
(2) "sports official" means a person who:
(a) serves as a referee, umpire linesman, timer or scorer, or who serves in a similar capacity, while working, supervising or administering a sports event; and
(b) is registered as a member of a local, state, regional or national organization that is engaged in providing education and training to sports officials.
B. Assault upon a sports official consists of:
(1) an attempt to commit a battery upon the person of a sports official while he is in the lawful discharge of his duties; or
(2) any unlawful act, threat or menacing conduct that causes a sports official while he is in the lawful discharge of his duties to reasonably believe that he is in danger of receiving an immediate battery.
C. Whoever commits assault upon a sports official is guilty of a misdemeanor.
D. Aggravated assault upon a sports official consists of unlawfully assaulting or striking at a sports official with a deadly weapon while he is in the lawful discharge of his duties.
E. Whoever commits aggravated assault upon a sports official is guilty of a third degree felony.
F. Battery upon a sports official is the unlawful, intentional touching or application of force to the person of a sports official while he is in the lawful discharge of his duties, when done in a rude, insolent or angry manner.
G. Whoever commits battery upon a sports official is guilty of a misdemeanor.
H. Aggravated battery upon a sports official consists of the unlawful touching or application of force to the person of a sports official with intent to injure that sports official while he is in the lawful discharge of his duties.
I. Whoever commits aggravated battery upon a sports official, inflicting an injury to the sports official that is not likely to cause death or great bodily harm, but does cause painful temporary disfigurement or temporary loss or impairment of the functions of any member or organ of the body, is guilty of a fourth degree felony.
J. Whoever commits aggravated battery upon a sports official, inflicting great bodily harm, or does so with a deadly weapon or in any manner whereby great bodily harm or death can be inflicted, is guilty of a third degree felony.
History:
Laws 2001, ch. 92, § 1.
ANNOTATIONS
Cross references.
— For interference with an athletic event,
see
30-20-18 NMSA 1978.
Effective dates.
— Laws 2001, ch. 92, § 2, makes the act effective on July 1, 2001.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 3 - Assault and Battery › Section 30-3-10 - Short title.

Sections 30-3-10 through 30-3-18 NMSA 1978 may be cited as the "Crimes Against Household Members Act".
History:
Laws 1995, ch. 221, § 1; 2009, ch. 255, § 1.
ANNOTATIONS
The 2009 amendment,
effective June 19, 2009, changed the reference of the act to Sections 30-3-10 through 30-3-18 NMSA 1978,
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 3 - Assault and Battery › Section 30-3-11 - Definitions.

As used in the Crimes Against Household Members Act:
A. "household member" means a spouse, former spouse, parent, present or former stepparent, present or former parent in-law, grandparent, grandparent-in-law, a co-parent of a child or a person with whom a person has had a continuing personal relationship. Cohabitation is not necessary to be deemed a household member for the purposes of the Crimes Against Household Members Act;
B. "continuing personal relationship" means a dating or intimate relationship;
C. "strangulation" means the unlawful touching or application of force to another person's neck or throat with intent to injure that person and in a manner whereby great bodily harm or death can be inflicted, the result of which impedes the person's normal breathing or blood circulation; and
D. "suffocation" means the unlawful touching or application of force that blocks the nose or mouth of another person with intent to injure that person and in a manner whereby great bodily harm or death can be inflicted, the result of which impedes the person's normal breathing or blood circulation.
History:
Laws 1995, ch. 221, § 2; 2008, ch. 16, § 1; 2010, ch. 85, § 1; 2018, ch. 30, § 1.
ANNOTATIONS
The 2018 amendment,
effective July 1, 2018, added definitions of "strangulation" and "suffocation" to the Crimes Against Household Members Act; added Subsections C and D.
The 2010 amendment,
effective July 1, 2010, in Subsection A, after "former spouse", deleted "or family member, including a relative"; after second instance of "present or former", added "parent"; and after "parent in-law", added "grandparent, grandparent-in-law".
The 2008 amendment,
effective July 1, 2008, added the definition of "continuing personal relationship" in Subsection B.
Minor child of accused
is not included in the definition of "household member".
State v. Stein
, 1999-NMCA-065, 127 N.M. 362, 981 P.2d 295.
Adult children
— A plain reading of this section supports a conclusion that the definition of "household member" includes adult children of the accused.
State v. Montoya
, 2005-NMCA-005, 136 N.M. 674, 104 P.3d 540, cert. quashed, 2005-NMCERT-011, 138 N.M. 586, 124 P.3d 564.
Victim need not cohabit or reside with defendant in order to be a household member.
State v. Montoya
, 2005-NMCA-005, 136 N.M. 674, 104 P.3d 540, cert. quashed, 2005-NMCERT-011, 138 N.M. 586, 124 P.3d 564.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 3 - Assault and Battery › Section 30-3-12 - Assault against a household member.

A. Assault against a household member consists of:
(1) an attempt to commit a battery against a household member; or
(2) any unlawful act, threat or menacing conduct that causes a household member to reasonably believe that he is in danger of receiving an immediate battery.
B. Whoever commits assault against a household member is guilty of a petty misdemeanor.
History:
Laws 1995, ch. 221, § 3.
ANNOTATIONS
Effective dates.
— Laws 1995, ch. 221, § 8 made the Crimes Against Household Members Act effective on July 1, 1995.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 3 - Assault and Battery › Section 30-3-13 - Aggravated assault against a household member.

A. Aggravated assault against a household member consists of:
(1) unlawfully assaulting or striking at a household member with a deadly weapon; or
(2) willfully and intentionally assaulting a household member with intent to commit any felony.
B. Whoever commits aggravated assault against a household member is guilty of a fourth degree felony.
History:
Laws 1995, ch. 221, § 4.
ANNOTATIONS
Effective dates.
— Laws 1995, ch. 221, § 8 made the Crimes Against Household Members Act effective on July 1, 1995.
Sufficient evidence.
— Where defendant pointed a gun at the victim and told the victim that defendant was going to shoot the victim; the victim believed defendant was going to shoot the victim; the victim grabbed the gun away and threw the gun into a field; the police found the gun in the field; the gun was a Raven brand gun; the police found a Raven brand firearms box in defendant's home; and defendant and the victim had ended their relationship a week before, the evidence was sufficient to convict defendant of aggravated assault against a household member.
State v. Quintana
, 2009-NMCA-115, 147 N.M. 169, 218 P.3d 87.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 3 - Assault and Battery › Section 30-3-14 - Assault against a household member with intent to commit a violent felony.

A. Assault against a household member with intent to commit a violent felony consists of any person assaulting a household member with intent to kill or commit any murder, mayhem, criminal sexual penetration in the first, second or third degree, robbery, kidnapping, false imprisonment or burglary.
B. Whoever commits assault against a household member with intent to commit a violent felony is guilty of a third degree felony.
History:
Laws 1995, ch. 221, § 5.
ANNOTATIONS
Effective dates.
— Laws 1995, ch. 221, § 8 made the Crimes Against Household Members Act effective on July 1, 1995.
Separate punishable offenses.
— Criminal sexual penetration and assault with intent to commit criminal sexual penetration on a household member statutes create separate punishable offenses.
State v. Jensen
, 2005-NMCA-113, 138 N.M. 254, 118 P.3d 762, cert. quashed, 2005-NMCERT-011, 138 N.M. 586, 124 P.3d 564.
Double jeopardy.
— Where an assault was with an intent to commit criminal sexual penetration, followed then by criminal sexual penetration, the fear, and the acts of penetration with resulting personal injury, are reasonably separable conduct that the defendant was not placed in double jeopardy.
State v. Jensen
, 2005-NMCA-113, 138 N.M. 254, 118 P.3d 762, cert. quashed, 2005-NMCERT-011, 138 N.M. 586, 124 P.3d 564.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 3 - Assault and Battery › Section 30-3-17 - Multiple convictions of battery or aggravated battery.

A. Whoever commits three offenses of battery against a household member as provided in Section 30-3-15 NMSA 1978 or aggravated battery against a household member as provided in Subsection B of Section 30-3-16 NMSA 1978, or any combination thereof, when the household member is a spouse, a former spouse, a co-parent of a child or a person with whom the offender has had a continuing personal relationship is guilty of a fourth degree felony.
B. Whoever commits four or more offenses of battery against a household member as provided in Section 30-3-15 NMSA 1978 or aggravated battery against a household member as provided in Subsection B of Section 30-3-16 NMSA 1978, or any combination thereof, when the household member is a spouse, a former spouse, a co-parent of a child or a person with whom the offender has had a continuing personal relationship is guilty of a third degree felony.
C. For the purpose of determining the number of offenses committed, each offense must have been committed after conviction for the preceding offense.
History:
Laws 2008, ch. 16, § 4.
ANNOTATIONS
Effective dates.
— Laws 2008, ch. 16, § 6 made this section effective July 1, 2008.
Applicability.
— Laws 2008, ch. 16, § 5 provided that the provisions of Laws 2008, ch. 16, § 4 apply to convictions obtained on or after July 1, 2008.
Habitual offender enhancement not prohibited.
— Where defendant, a three-time domestic violence offender, pleaded no contest to, and was convicted of, felony battery against a household member, the district court did not err in enhancing defendant's sentence by one year, pursuant to 31-18-17(A) NMSA 1978, based on a prior conviction for false imprisonment, because contrary to defendant's argument, the felony battery against a household member statute is not self-enhancing, and based on the plain language of the statutes at issue, the one-year habitual offender enhancement of defendant's fourth degree felony battery on a household member sentence was proper as a matter of law.
State v. Barela
, 2019-NMCA-005, cert. granted.
The Habitual Offender Act is applicable to convictions of felony battery against a household member.
— Where defendant pleaded guilty to battery against a household member after battering the mother of his child, and where this was defendant's third conviction of battery against a household member, and where the district court enhanced defendant's conviction to a fourth degree felony under § 30-3-17(A) NMSA 1978, and where defendant had previously been convicted of a separate felony, the district court enhanced defendant's sentence by one year under the Habitual Offender Act, § 31-18-17 NMSA 1978, the district court did not err in applying the Habitual Offender Act, because the plain language of § 30-3-17(A) NMSA 1978 and § 31-18-17 NMSA 1978 does not preclude their simultaneous application.
State v. Barela
, 2021-NMSC-001,
aff'g
2019-NMCA-005, 458 P.3d 501.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 3 - Assault and Battery › Section 30-3-18 - Criminal damage to property of household member; deprivation of property of household member.

A. Criminal damage to the property of a household member consists of intentionally damaging real, personal, community or jointly owned property of a household member with the intent to intimidate, threaten or harass that household member.
B. Whoever commits criminal damage to the property of a household member is guilty of a misdemeanor, except that when the damage to the household member's interest in the property amounts to more than one thousand dollars ($1,000), the offender is guilty of a fourth degree felony.
C. Deprivation of the property of a household member consists of intentionally depriving a household member of the use of separate, community or jointly owned personal property of the household member with the intent to intimidate or threaten that household member.
D. Whoever commits deprivation of the property of a household member is guilty of a misdemeanor.
History:
1978 Comp., § 30-3-18, as enacted by Laws 2009, ch. 255, § 2.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 255 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 3 - Assault and Battery › Section 30-3-19 - Threatening a judge or an immediate family member of a judge; penalty.

A. No person shall threaten a judge or the immediate family member of a judge with the intent to:
(1) place the judge or the immediate family member of a judge in fear of great bodily harm to the judge or to an immediate family member of the judge;
(2) prevent or interrupt the ability to carry out the judge's job duties; or
(3) retaliate against a judge on account of the performance of the judge's official duties during the judge's term of service.
B. A person who violates the provisions of this section is guilty of a fourth degree felony.
C. As used in this section:
(1) "immediate family member" means a spouse, child, sibling, parent, grandparent or grandchild, and "immediate family member" includes a stepparent, a stepchild, a stepsibling and an adoptive relationship;
(2) "judge" means a current or former justice, judge, magistrate, domestic violence special commissioner or hearing officer; and
(3) "retaliate" means intentionally threatening bodily injury to or damage to the property of a judge or a family member of a judge with the intent to retaliate against the judge for the judge's exercise of the judge's judicial duties and causing the judge or the family member to reasonably believe that the judge's or the family member's person or property is in danger.
History:
Laws 2022, ch. 56, § 47.
ANNOTATIONS
Effective dates.
— Laws 2022, ch. 56, § 47 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2022, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 3 - Assault and Battery › Section 30-3-20 - Malicious sharing of personal information of a judge or an immediate family member of a judge; penalty.

A. No person shall share the personal information of a judge or an immediate family member of a judge with the intent to:
(1) cause harm to the judge or an immediate family member of a judge;
(2) place the judge or an immediate family member of a judge in fear of great bodily harm to the judge or to an immediate family member of the judge; or
(3) prevent or interrupt the ability to carry out the judge's job duties.
B. A person who violates the provisions of this section is guilty of a misdemeanor.
C. As used in this section:
(1) "immediate family member" means a spouse, child, sibling, parent, grandparent or grandchild, and "immediate family member" includes a stepparent, a stepchild, a stepsibling and an adoptive relationship;
(2) "judge" means a current or former justice, judge, magistrate, domestic violence special commissioner or hearing officer; and
(3) "personal information" means a person's personal physical address, personal phone number or physical location.
History:
Laws 2022, ch. 56, § 48.
ANNOTATIONS
Effective dates.
— Laws 2022, ch. 56, § 48 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2022, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 3A - Harassment and Stalking › Section 30-3A-1 - Short title.

Chapter 30, Article 3A NMSA 1978 may be cited as the "Harassment and Stalking Act".
History:
1978 Comp., § 30-3A-1, enacted by Laws 1997, ch. 10, § 1; 2009, ch. 21, § 1.
ANNOTATIONS
Repeals and reenactments.
— Laws 1997, ch. 10, § 7, repealed 30-3A-1 NMSA 1978, as enacted by Laws 1993, ch. 86, § 1, and Laws 1997, ch. 10, § 1, enacted a new section, effective July 1, 1997.
The 2009 amendment,
effective July 1, 2009, changed the reference to the act to Chapter 30, Article 3A, NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Validity, construction and application of stalking statutes, 29 A.L.R.5th 487.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 3A - Harassment and Stalking › Section 30-3A-2 - Harassment; penalties.

A. Harassment consists of knowingly pursuing a pattern of conduct that is intended to annoy, seriously alarm or terrorize another person and that serves no lawful purpose. The conduct must be such that it would cause a reasonable person to suffer substantial emotional distress.
B. Whoever commits harassment is guilty of a misdemeanor.
History:
1978 Comp., § 30-3A-2, enacted by Laws 1997, ch. 10, § 2.
ANNOTATIONS
Repeals and reenactments.
— Laws 1997, ch. 10, § 7, repealed 30-3A-2 NMSA 1978, as enacted by Laws 1993, ch. 86, § 2, and Laws 1997, ch. 10, § 2, enacted a new section, effective July 1, 1997.
Constitutionality.
— This section, as applied to defendant who repeatedly trespassed on victim's property, looked in her windows, and followed her both on and off her property, was not unconstitutionally vague; a person of ordinary intelligence would have known that such behavior was unlawful and would inflict substantial emotional distress upon the victim.
State v. Duran
, 1998-NMCA-153, 126 N.M. 60, 966 P.2d 768, cert. denied, 126 N.M. 533, 972 P.2d 352,
overruled on other grounds
,
State v. Laguna
, 1999-NMCA-152, 128 N.M. 345, 992 P.2d 896, cert. denied, 128 N.M. 149, 990 P.2d 823.
Double jeopardy.
— When the defendant had been convicted of contempt, a misdemeanor, for violating a domestic violence protective order and sentenced to jail time, double jeopardy did not bar prosecution of the defendant for the offenses of stalking and harassment stemming from the same conduct that gave rise to the contempt adjudication.
State v. Gonzales
, 1997-NMCA-039, 123 N.M. 337, 940 P.2d 185, cert. denied, 123 N.M. 229, 938 P.2d 204.
Where the state relies on identical acts of an accused involving the same course of conduct to prove both the offenses of harassment and of stalking, double jeopardy provisions preclude multiple punishment, and the offense of harassment is subsumed into the offense of misdemeanor stalking.
State v. Duran
, 1998-NMCA-153, 126 N.M. 60, 966 P.2d 768, cert. denied, 126 N.M. 533, 972 P.2d 352,
overruled on other grounds
,
State v. Laguna
, 1999-NMCA-152, 128 N.M. 345, 992 P.2d 896, cert. denied, 128 N.M. 149, 990 P.2d 823.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Construction and application of § 2A6.1 of United States Sentencing Guidelines (USSG § 2A6.1), pertaining to sentence to be imposed for making threatening communications, 148 A.L.R. Fed. 501.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 3A - Harassment and Stalking › Section 30-3A-4 - Exceptions.

The provisions of the [Harassment and] Stalking Act do not apply to:
A. picketing or public demonstrations that are lawful or that arise out of a bona fide labor dispute; or
B. a peace officer in the performance of his duties.
History:
1978 Comp., § 30-3A-4, enacted by Laws 1997, ch. 10, § 5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not a part of the law.
Repeals and reenactments.
— Laws 1997, ch. 10, § 7, repealed 30-3A-4 NMSA 1978, as enacted by Laws 1993, ch. 86, § 4, and Laws 1997, ch. 10, § 5, enacted a new section, effective July 1, 1997.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 4 - Kidnapping › Section 30-4-2 - Criminal use of ransom.

Criminal use of ransom consists of knowingly receiving, possessing, concealing or disposing of any portion of money or other property which has at any time been delivered for the ransom of a kidnaped person.
Whoever commits criminal use of ransom is guilty of a third degree felony.
History:
1953 Comp., § 40A-4-2, enacted by Laws 1963, ch. 303, § 4-2.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 5 - Abortion (Repealed.) › Section 30-5-1 - Repealed.

History:
1953 Comp., § 40A-5-1, enacted by Laws 1969, ch. 67, § 1; 1978 Comp., § 30-5-1, repealed by Laws 2021, ch. 2, § 1.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 2, § 1 repealed 30-5-1 NMSA 1978, as enacted by Laws 1969, ch. 67, § 1, relating to definitions, effective June 18, 2021. For provisions of former section,
see
the 2020 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 5 - Abortion (Repealed.) › Section 30-5-2 - Repealed.

History:
1953 Comp., § 40A-5-2, enacted by Laws 1969, ch. 67, § 2; 1978 Comp., § 30-5-2, repealed by Laws 2021, ch. 2, § 1.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 2, § 1 repealed 30-5-2 NMSA 1978, as enacted by Laws 1969, ch. 67, § 2, relating to persons and institutions exempt, effective June 18, 2021. For provisions of former section,
see
the 2020 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 5 - Abortion (Repealed.) › Section 30-5-3 - Repealed.

History:
1953 Comp., § 40A-5-3, enacted by Laws 1969, ch. 67, § 3; 1978 Comp., § 30-5-3, repealed by Laws 2021, ch. 2, § 1.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 2, § 1 repealed 30-5-3 NMSA 1978, as enacted by Laws 1969, ch. 67, § 3, relating to criminal abortion, effective June 18, 2021. For provisions of former section,
see
the 2020 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 5A - Partial-Birth Abortion Ban › Section 30-5A-2 - Definitions.

As used in the Partial-Birth Abortion Ban Act [30-5A-1 to 30-5A-5 NMSA 1978]:
A. "abortion" means the intentional termination of the pregnancy of a female by a person who knows the female is pregnant;
B. "fetus" means the biological offspring of human parents;
C. "partial-birth abortion" means a procedure in which any person, including a physician or other health care professional, intentionally extracts an independently viable fetus from the uterus into the vagina and mechanically extracts the cranial contents of the fetus in order to induce death; and
D. "physician" means a person licensed to practice in the state as a licensed physician pursuant to the Medical Practice Act [Chapter 61, Article 6 NMSA 1978] or an osteopathic physician licensed pursuant to Chapter 61, Article 10 NMSA 1978.
History:
Laws 2000, ch. 55, § 2.
ANNOTATIONS
Effective dates.
— Laws 2000, ch. 55 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective on May 17, 2000, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 5A - Partial-Birth Abortion Ban › Section 30-5A-3 - Prohibition of partial-birth abortions.

No person shall perform a partial-birth abortion except a physician who has determined that in his opinion the partial-birth abortion is necessary to save the life of a pregnant female or prevent great bodily harm to a pregnant female:
A. because her life is endangered or she is at risk of great bodily harm due to a physical disorder, illness or injury, including a condition caused by or arising from the pregnancy; and
B. no other medical procedure would suffice for the purpose of saving her life or preventing great bodily harm to her.
History:
Laws 2000, ch. 55, § 3.
ANNOTATIONS
Cross references.
— For family planning,
see
24-8-1 NMSA 1978.
For sterilization,
see
24-9-1 NMSA 1978
For maternal, fetal and infant experimentation,
see
24-9A-1 NMSA 1978.
Effective dates.
— Laws 2000, ch. 55 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective on May 17, 2000, 90 days after adjournment of the legislature.
Severability.
— Laws 2000, ch. 55, § 6 provides that, if any part or application of § 3 of the Partial-Birth Abortion Act is held invalid, the remainder of the act or its application to other situations or persons shall be likewise invalid. Section 3 of that act is not severable.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 5A - Partial-Birth Abortion Ban › Section 30-5A-4 - Civil remedies.

A. Except as provided in Subsection B of this section, the following persons may bring a civil action to obtain relief pursuant to this section against a person who has violated the provisions of Section 3 [30-5A-3 NMSA 1978] of the Partial-Birth Abortion Ban Act:
(1) the person on whom a partial-birth abortion was performed;
(2) the biological father of the fetus that was the subject of the partial-birth abortion; and
(3) the parents of the person on whom the partial-birth abortion was performed if that person had not reached the age of majority at the time of the abortion.
B. The persons named as having a right of action in Subsection A of this section are barred from bringing a civil action pursuant to this section if:
(1) the pregnancy of the person on whom the partial-birth abortion was performed resulted from criminal conduct of the person seeking to bring the action; or
(2) the partial-birth abortion was consented to by the person seeking to bring the action.
C. A person authorized to bring a civil action pursuant to this section may recover compensatory damages for loss caused by violation of Section 3 of the Partial-Birth Abortion Ban Act.
History:
Laws 2000, ch. 55, § 4.
ANNOTATIONS
Effective dates.
— Laws 2000, ch. 55 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective on May 17, 2000, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 5A - Partial-Birth Abortion Ban › Section 30-5A-5 - Criminal penalty; exception.

A. Except as provided in Subsections B, C, D and E of this section, a person who violates Section 3 [30-5A-3 NMSA 1978] of the Partial-Birth Abortion Ban Act is guilty of a fourth degree felony and shall be sentenced pursuant to Section 31-18-15 NMSA 1978.
B. The provisions of the Partial-Birth Abortion Ban Act shall apply only to the exact procedure specified in that act.
C. The provisions of the Partial-Birth Abortion Ban Act are not intended to criminalize any other method of terminating a woman's pregnancy.
D. The provisions of the Partial-Birth Abortion Ban Act are not intended to subject a woman, upon whom the procedure specified in that act is performed, to criminal culpability as an accomplice, aider, abettor, solicitor or conspirator.
E. The provisions of the Partial-Birth Abortion Ban Act are not intended to subject any person to criminal culpability pursuant to laws governing attempt, solicitation or conspiracy to commit a crime.
History:
Laws 2000, ch. 55, § 5.
ANNOTATIONS
Effective dates.
— Laws 2000, ch. 55 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective on May 17, 2000, 90 days after adjournment of the legislature.
Severability.
— Laws 2000, ch. 55, § 6 provides that, except for § 3 of the Partial-Birth Abortion Ban Act, if any part or application of that act is held invalid, the remainder of its application to other situations or persons shall not be affected.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 6 - Crimes Against Children and Dependents › Section 30-6-4 - Obstruction of reporting or investigation of child abuse or neglect.

Obstruction of reporting or investigation of child abuse or neglect consists of:
A. knowingly inhibiting, preventing, obstructing or intimidating another from reporting, pursuant to Section 32A-4-3 NMSA 1978, child abuse or neglect, including child sexual abuse; or
B. knowingly obstructing, delaying, interfering with or denying access to a law enforcement officer or child protective services social worker in the investigation of a report of child abuse or sexual abuse.
Whoever commits obstruction of reporting or investigation of child abuse or neglect is guilty of a misdemeanor.
History:
Laws 1989, ch. 287, § 1; 2014, ch. 10, § 1.
ANNOTATIONS
The 2014 amendment,
effective May 21, 2014, corrected an outdated reference in the NMSA 1978; and in Subsection A, after "Section", changed "32-1-15" to "32A-4-3".
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 6A - Sexual Exploitation of Children › Section 30-6A-1 - Short title.

Chapter 30, Article 6A NMSA 1978 may be cited as the "Sexual Exploitation of Children Act".
History:
Laws 1984, ch. 92, § 1; 2015, ch. 13, § 1.
ANNOTATIONS
The 2015 amendment,
effective July 1, 2015, changed the statutory reference of the Sexual Exploitation of Children Act from "Sections 1 through 4 of this act" to "Chapter 30, Article 6A NMSA 1978".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Validity and construction of 18 USCS §§ 371 and 2252(a) penalizing mailing or receiving, or conspiring to mail or receive, child pornography, 86 A.L.R. Fed. 359.