Chapter 30 — Chapter 30

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.

No person shall be twice put in jeopardy for the same crime. The defense of double jeopardy may not be waived and may be raised by the accused at any stage of a criminal prosecution, either before or after judgment. When the indictment, information or complaint charges different …

No person indicted or charged by information or complaint of any crime shall be sentenced therefor, unless he has been legally convicted of the crime in a court having competent jurisdiction of the cause and of the person. No person shall be convicted of a crime unless found guil…

As used in the Criminal Code: A. "great bodily harm" means an injury to the person which creates a high probability of death; or which causes serious disfigurement; or which results in permanent or protracted loss or impairment of the function of any member or organ of the body; …

A person may be charged with and convicted of the crime as an accessory if he procures, counsels, aids or abets in its commission and although he did not directly commit the crime and although the principal who directly committed such crime has not been prosecuted or convicted, o…

All trials of crime shall be had in the county in which they were committed. In the event elements of the crime were committed in different counties, the trial may be had in any county in which a material element of the crime was committed. In the event death results from the cri…

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 agai…

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)…

The Criminal Code has no application to crimes committed prior to its effective date. A crime is committed prior to the effective date of the Criminal Code if any of the essential elements of the crime occurred before that date. Prosecutions for prior crimes shall be governed, pr…

In criminal cases where no provision of this code is applicable, the common law, as recognized by the United States and the several states of the Union, shall govern. History: 1953 Comp., § 40A-1-3, enacted by Laws 1963, ch. 303, § 1-3.

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.

Crimes are classified as felonies, misdemeanors and petty misdemeanors. History: 1953 Comp., § 40A-1-5, enacted by Laws 1963, ch. 303, § 1-5.

A. A crime is a felony if it is 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. B. A crime is a misdemeanor if it is so designated by law or if upon conviction thereof a sentence of imprisonme…

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 designa…

A person shall not be prosecuted, tried or punished in any court of this state unless the indictment is found or information or complaint is filed within the time as provided: A. except as provided in Subsection H of this section: (1) for a second degree felony, within six years …

A. If after any crime has been committed the defendant shall conceal himself, or shall flee from or go out of the state, the prosecution for such crime may be commenced within the time prescribed in Section 1-8 [30-1-8 NMSA 1978], after the defendant ceases to conceal himself or …

abandonment or abuse of a child; 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 abandonment or abuse of a child, as provided in Section 30-6-1 NMSA…

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 a third or fourth degree felony pursuant to Sec…

A. Murder in the first degree is the killing of one human being by another without lawful justification or excuse, by any of the means with which death may be caused: (1) by any kind of willful, deliberate and premeditated killing; (2) in the commission of or attempt to commit an…

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.

Manslaughter is the unlawful killing of a human being without malice. A. Voluntary manslaughter consists of manslaughter committed upon a sudden quarrel or in the heat of passion. Whoever commits voluntary manslaughter is guilty of a third degree felony resulting in the death of …

A. Assisting suicide consists of deliberately aiding another in the taking of the person's own life, unless the person aiding another in the taking of the person's own life is a person acting in accordance with the provisions of the End-of-Life Options Act [Chapter 24, Article 7C…

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 sud…

A. Homicide is justifiable when committed by a public officer or public employee or those acting by their command and in their aid and assistance: (1) in obedience to any judgment of a competent court; (2) when necessarily committed in overcoming actual resistance to the executio…

Homicide is justifiable when committed by any person in any of the following cases: A. when committed in the necessary defense of his life, his family or his property, or in necessarily defending against any unlawful action directed against himself, his wife or family; B. when co…

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, …

A. The acquiring, profiting or anticipating of benefits by reason of the commission of murder where the person committing such crime is convicted of either a capital, first or second degree felony, is against the public policy of this state and is prohibited. B. In all cases invo…

Assault consists of either: A. an attempt to commit a battery upon the person of another; B. any unlawful act, threat or menacing conduct which causes another person to reasonably believe that he is in danger of receiving an immediate battery; or C. the use of insulting language …

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.

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 conti…

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. Wh…

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…

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, kidnapp…

A. Battery against a household member consists of the unlawful, intentional touching or application of force to the person of a household member, when done in a rude, insolent or angry manner. B. Whoever commits battery against a household member is guilty of a misdemeanor. C. Up…

A. Aggravated battery against a household member consists of the unlawful touching or application of force to the person of a household member with intent to injure that person or another. B. Whoever commits aggravated battery against a household member is guilty of a misdemeanor…

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 s…

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 memb…

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 …

Aggravated assault consists of either: A. unlawfully assaulting or striking at another with a deadly weapon; B. committing assault by threatening or menacing another while wearing a mask, hood, robe or other covering upon the face, head or body, or while disguised in any manner, …

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 …

Assault with intent to commit a violent felony consists of any person assaulting another with intent to kill or commit any murder, mayhem, criminal sexual penetration in the first, second or third degree, robbery or burglary. Whoever commits assault with intent to commit a violen…

Battery is the unlawful, intentional touching or application of force to the person of another, when done in a rude, insolent or angry manner. Whoever commits battery is guilty of a petty misdemeanor. History: 1953 Comp., § 40A-3-4, enacted by Laws 1963, ch. 303, § 3-4.

A. Aggravated battery consists of the unlawful touching or application of force to the person of another with intent to injure that person or another. B. Whoever commits aggravated battery, inflicting an injury to the person which is not likely to cause death or great bodily harm…

criminal damage to property. A. As used in this section: (1) "licensed premises" means all public and private rooms, facilities and areas in which alcoholic beverages are sold or served in the customary operating procedures of establishments licensed to sell or serve alcoholic li…

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 …

from a motor vehicle. A. Shooting at a dwelling or occupied building consists of willfully discharging a firearm at a dwelling or occupied building. Whoever commits shooting at a dwelling or occupied building that does not result in great bodily harm to another person is guilty o…

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 [Chapte…

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 divi…

A. As used in this section: (1) "in the lawful discharge of his duties" means engaged in the performance of the duties of a school employee; and (2) "school employee" includes a member of a local public school board and public school administrators, teachers and other employees o…

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, w…