New Mexico Criminal Laws: Felony and Misdemeanor Classes, Theft, Self-Defense and Bail

New Mexico grades noncapital felonies by degree (first through fourth), each with a set 'basic sentence' of imprisonment and a maximum fine. First degree felony: eighteen years imprisonment, fine not to exceed fifteen thousand dollars ($15,000). Second degree felony: nine years imprisonment, fine not to exceed ten thousand dollars ($10,000). Third degree felony: three years imprisonment, fine not to exceed five thousand dollars ($5,000). Fourth degree felony: eighteen months imprisonment, fine not to exceed five thousand dollars ($5,000). Special categories carry different basic sentences: life imprisonment for a first degree felony resulting in the death of a child or for aggravated criminal sexual penetration; eighteen years for a second degree felony resulting in the death of a human being; fifteen years for a second degree felony for a sexual offense against a child; twelve years for a second degree felony for sexual exploitation of children; six years for a third degree felony resulting in the death of a human being or for a sexual offense against a child; eleven years for a third degree felony for sexual exploitation of children; and ten years for a fourth degree felony for sexual exploitation of children. The court may alter the basic sentence under the Criminal Sentencing Act.

New Mexico has two lower grades of crime: misdemeanors and petty misdemeanors. Misdemeanor: imprisonment in the county jail for a definite term less than one year, or a fine of not more than one thousand dollars ($1,000), or both, in the judge's discretion. Petty misdemeanor: imprisonment in the county jail for a definite term not to exceed six months, or a fine of not more than five hundred dollars ($500), or both. When a sentence is deferred or suspended, the court places the defendant on supervised or unsupervised probation.

Theft (called larceny in New Mexico) becomes a felony when the value of the property stolen is over five hundred dollars ($500). The tiers are: $250 or less — petty misdemeanor; over $250 but not more than $500 — misdemeanor; over $500 but not more than $2,500 — fourth degree felony; over $2,500 but not more than $20,000 — third degree felony; over $20,000 — second degree felony. Stealing livestock is a third degree felony regardless of value, and stealing a firearm is a fourth degree felony when its value is less than $2,500.

New Mexico has no duty to retreat; the rule comes from case law and the uniform jury instructions rather than a statute. The Supreme Court-approved instruction states that a person defending against an attack, defending another, or defending property 'need not retreat' and may stand the person's ground. The committee commentary states: 'A person need not, however, retreat even though the person could do so safely,' citing State v. Horton, 1953-NMSC-044, 57 N.M. 257, 258 P.2d 371. A person may use no more force than is reasonably necessary to avoid the threatened harm.

Under the defense-of-habitation jury instruction, a killing in defense of the defendant's dwelling is justified if the place was being used as the defendant's dwelling; it appeared to the defendant that the commission of a violent felony was immediately at hand and that it was necessary to kill the intruder to prevent it; and a reasonable person in the same circumstances would have acted as the defendant did. The state must prove beyond a reasonable doubt that the defendant did not kill in defense of habitation. The committee commentary notes that NMSA 1978, § 30-2-7(A) makes homicide justifiable when committed in the necessary defense of property, but that one cannot defend property, other than one's habitation, from a mere trespass to the extent of killing the aggressor; in defense of habitation one does not have to fear for one's life or believe great bodily harm will result, but an apparent necessity to kill to prevent a violent felony is required (State v. Couch, 1946-NMSC-047; State v. Boyett, 2008-NMSC-030).

No limitation period: a capital felony; a first degree violent felony; second degree murder; second degree criminal sexual contact of a minor (§ 30-9-13); and second degree criminal sexual penetration (§ 30-9-11) (§ 30-1-8(H)). Second degree felony — within six years from the time the crime was committed; third or fourth degree felony — within five years; misdemeanor — within two years; petty misdemeanor — within one year; any crime not contained in the Criminal Code or where a limitation is not otherwise provided for — within three years. For abandonment or abuse of a child and third or fourth degree CSP/CSCM offenses, the period does not start until the victim attains the age of eighteen or the violation is reported to law enforcement, whichever occurs first (§ 30-1-9.1).

Under Article II, Section 13 of the New Mexico Constitution (as amended in 2016) and Rule 5-401, a defendant eligible for pretrial release shall be released on personal recognizance or an unsecured appearance bond; the court may add non-monetary conditions but must impose the least restrictive conditions that reasonably ensure appearance and public safety. In setting conditions the court shall consider any available results of a Supreme Court-approved pretrial risk assessment instrument and the defendant's financial resources. A secured bond may be required only with written findings of particularized reasons; it must be set at the lowest amount necessary, the court shall not set a secured bond that a defendant cannot afford for the purpose of detaining a defendant otherwise eligible for release, and secured bond shall not be set by reference to a predetermined schedule of monetary amounts. A court of record may detain a felony defendant before trial if the prosecutor proves by clear and convincing evidence that the defendant poses a danger and no release conditions will reasonably ensure safety (detention motions follow Rule 5-409). In district court the release hearing must be held no later than three days after arrest if the defendant is held in the local detention center (five days otherwise), and a defendant still in custody 24 hours after the order because of inability to post bond or meet conditions is entitled to a review hearing within five days.

Applicants apply to the Law Offices of the Public Defender and complete the Supreme Court-approved eligibility form, under oath. An applicant is presumed indigent if currently receiving listed public assistance (such as TANF, GA, SSI, SSDI, food stamps, Medicaid or public housing). Otherwise an applicant is indigent if available funds (household net income plus assets minus exceptional expenses) do not exceed one hundred fifty percent (150%) of the current federal poverty guidelines. A non-refundable $10.00 application fee is charged for each case (NMSA 1978, § 31-15-12); it may be waived if the fee would pose an exceptional hardship. An applicant found not indigent may appeal to the court within ten (10) days after being advised of the decision.

New Mexico's criminal code does not use the phrase 'age of consent'; it sets ages in the criminal sexual penetration statute. Sexual penetration of a child under thirteen years of age is criminal sexual penetration in the first degree (§ 30-9-11(D)(1)). Sexual penetration of a child thirteen to sixteen years of age is criminal sexual penetration in the fourth degree, a fourth degree felony, when the perpetrator is at least eighteen years of age, is at least four years older than the child and is not the spouse of that child (§ 30-9-11(G)(1)). School employees, contractors and volunteers who are at least eighteen and at least four years older commit the same offense with a student thirteen to eighteen years of age (§ 30-9-11(G)(2)). Force or coercion, or a position of authority, makes conduct with a child thirteen to eighteen a more serious offense (§§ 30-9-11(E), 30-9-13).

Adult-use cannabis is legal for persons twenty-one years of age or older: possessing, using, purchasing or transporting not more cannabis than authorized is lawful and not grounds for detention, search or arrest (§ 26-2C-25(A)(1)). Amounts in excess of two ounces of cannabis, sixteen grams of cannabis extract and eight hundred milligrams of edible cannabis may be possessed if the excess is stored in the person's private residence and not visible from a public place (§ 26-2C-25(A)(2)). Home grow: not more than six mature cannabis plants and six immature cannabis plants per person, with no more than twelve mature plants in one household (§ 26-2C-25(A)(9)). Smoking cannabis in a public place, except in a cannabis consumption area, carries a civil penalty of fifty dollars ($50.00) (§ 26-2C-26). A person 21 or older producing more than six and up to twelve plants is subject to a $50.00 fine; more than twelve plants is a fourth degree felony (§ 26-2C-27). Odor of cannabis alone is not reasonable suspicion to stop or search (§ 26-2C-25(C)).

Simple assault in New Mexico is an attempt to commit a battery, any unlawful act, threat or menacing conduct that makes another person reasonably believe they are in danger of receiving an immediate battery, or the use of insulting language toward another impugning his honor, delicacy or reputation; it is a petty misdemeanor (up to six months in the county jail, a fine of up to $500, or both, § 31-19-1(B)) (§ 30-3-1). Aggravated assault includes unlawfully assaulting or striking at another with a deadly weapon, or assaulting someone while masked or disguised to conceal identity; it is a fourth degree felony (basic sentence eighteen months, fine up to $5,000, § 31-18-15) (§ 30-3-2). Assault with intent to kill or to commit murder, mayhem, first-, second- or third-degree criminal sexual penetration, robbery or burglary is a third degree felony (basic sentence three years, fine up to $5,000, § 31-18-15) (§ 30-3-3).

New Mexico has a separate battery offense: the unlawful, intentional touching or application of force to another person, done in a rude, insolent or angry manner. Simple battery is a petty misdemeanor (up to six months in the county jail, a fine of up to $500, or both, § 31-19-1(B)) (§ 30-3-4). Aggravated battery is an unlawful touching or application of force with intent to injure; it is a misdemeanor if it causes painful temporary disfigurement or temporary loss or impairment of a body member or organ, and a third degree felony (basic sentence three years, fine up to $5,000, § 31-18-15) if it inflicts great bodily harm, is done with a deadly weapon, or is done in any manner whereby great bodily harm or death can be inflicted (§ 30-3-5). Battery against a household member is a separate offense (see domestic violence).

New Mexico has separate offenses for assault and battery against a household member. Assault against a household member is a petty misdemeanor (up to six months in the county jail, a fine of up to $500, or both, § 31-19-1(B)) (§ 30-3-12). Battery against a household member is a misdemeanor (a definite term of less than one year in the county jail, a fine of up to $1,000, or both, § 31-19-1(A)); the offender must complete a domestic violence offender treatment or intervention program, and probation may last up to two years (§ 30-3-15). Aggravated assault against a household member (with a deadly weapon, or with intent to commit any felony) is a fourth degree felony (§ 30-3-13), and assault against a household member with intent to commit a violent felony is a third degree felony (§ 30-3-14). Aggravated battery against a household member is a misdemeanor when it causes painful temporary injury, and a third degree felony when it inflicts great bodily harm, is done with a deadly weapon, is committed by strangulation or suffocation, or is done in any manner whereby great bodily harm or death can be inflicted (§ 30-3-16).

New Mexico charges shoplifting as its own offense: taking possession of or concealing merchandise offered for sale by a retailer, intending to take it without paying, or altering a price tag or switching containers to pay less. According to the Supreme Court-approved jury instruction, shoplifting merchandise worth $250 or less is a petty misdemeanor; higher values are charged by tier (over $250, over $500 as a fourth-degree felony, over $2,500 as a third-degree felony, over $20,000 as a second-degree felony). Since a 2023 amendment, when a person shoplifts more than once over a ninety (90)-day period, prosecutors may charge a single count based on the aggregated retail market value of the merchandise, which can raise the grade. The 2023 amendment also created a separate offense of aggravated shoplifting: shoplifting followed immediately by assaulting or striking at someone with a deadly weapon to keep the stolen property or to escape.

Burglary is entering a vehicle, watercraft, aircraft, dwelling or other structure without authorization intending to commit any felony or theft inside. Entering a dwelling house is a third degree felony (basic sentence three years, fine up to $5,000, § 31-18-15); entering any other vehicle or structure is a fourth degree felony (basic sentence eighteen months, fine up to $5,000, § 31-18-15) (§ 30-16-3). Aggravated burglary — being armed with a deadly weapon, arming oneself after entering, or committing a battery on anyone inside or while entering or leaving — is a second degree felony (basic sentence nine years, fine up to $10,000, § 31-18-15) (§ 30-16-4). Robbery is theft of anything of value from another person or their immediate control by use or threatened use of force or violence; it is a third degree felony, and robbery while armed with a deadly weapon is a second degree felony for the first offense and a first degree felony (basic sentence eighteen years, fine up to $15,000) for second and subsequent offenses (§ 30-16-2).

Vandalism is called criminal damage to property in New Mexico: intentionally damaging another person's real or personal property without the owner's consent. It is a petty misdemeanor (up to six months in the county jail, a fine of up to $500, or both, § 31-19-1(B)), except that when the damage amounts to more than one thousand dollars ($1,000) it is a fourth degree felony (basic sentence eighteen months, fine up to $5,000, § 31-18-15) (§ 30-15-1). Graffiti is a separate offense: damage of $1,000 or less is a petty misdemeanor with a mandatory one hundred hours of community service and restitution; damage greater than $1,000 is a fourth degree felony with a mandatory one hundred sixty hours of community service and restitution (§ 30-15-1.1).

Criminal trespass in New Mexico is knowingly entering or remaining on posted private property without written permission from the owner or person in control; on unposted land knowing the owner or occupant has denied or withdrawn consent; or on state or local government land knowing the custodian has denied or withdrawn consent. Criminal trespass is a misdemeanor (a definite term of less than one year in the county jail, a fine of up to $1,000, or both, § 31-19-1(A)) (§ 30-14-1(E)). Entering another's land without prior permission and damaging the land or its improvements is also a misdemeanor, and the person is liable for civil damages equal to double the value of the damage (§ 30-14-1(D)). Trespass connected with hunting, fishing or trapping also leads to revocation of the hunting or fishing license for not less than three years.

In New Mexico, intentionally possessing a controlled substance without a valid prescription is a crime (§ 30-31-23(A)). Possessing any amount of a Schedule I, II, III or IV substance is generally a misdemeanor, punished by a fine of not less than five hundred dollars ($500) or more than one thousand dollars ($1,000) or imprisonment for a definite term less than one year, or both (§ 30-31-23(D)). Possessing a narcotic drug in Schedule I or II, methamphetamine, phencyclidine, flunitrazepam or GHB-type substances is a fourth degree felony (basic sentence eighteen months, fine up to $5,000, § 31-18-15) (§ 30-31-23(E)). Using or possessing drug paraphernalia with intent to use it is handled by a penalty assessment with a fine of fifty dollars ($50.00), while delivering or manufacturing paraphernalia for delivery is a misdemeanor (§ 30-31-25.1(C)). A person with no prior drug conviction who is found guilty of possession may receive a conditional discharge: the court defers proceedings and places the person on probation for up to one year, and dismisses the case without an adjudication of guilt if probation is completed (§ 30-31-28).

A driver involved in a crash must stop, remain at the scene, give name, address and vehicle registration, show a driver's license on request, and render reasonable assistance to anyone injured (§§ 66-7-201(A), 66-7-203). Leaving the scene of a crash that damages only an attended vehicle is a misdemeanor (§ 66-7-202). Leaving the scene of a crash with injury that does not result in great bodily harm or death is a misdemeanor sentenced under § 31-19-1(A) (less than one year in jail, a fine of up to $1,000, or both). Where the crash results in great bodily harm or death, failing to stop or give information and aid is a fourth degree felony, and knowingly failing to do so is a third degree felony (§ 66-7-201(B)-(D)). The license or permit to drive of a person convicted under § 66-7-201 is revoked (§ 66-7-201(E)).

Reckless driving in New Mexico is driving any vehicle carelessly and heedlessly in willful or wanton disregard of the rights or safety of others, without due caution and circumspection, and at a speed or in a manner that endangers or is likely to endanger any person or property. A first conviction is punished by imprisonment for not less than five days nor more than ninety days, or a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100), or both; a second or subsequent conviction by imprisonment for not less than ten days nor more than six months, or a fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000), or both. After a conviction, the director may suspend the driver's license or permit for not to exceed ninety days.

Harassment is knowingly pursuing a pattern of conduct intended to annoy, seriously alarm or terrorize another person that serves no lawful purpose and would cause a reasonable person substantial emotional distress; it is a misdemeanor (a definite term of less than one year in the county jail, a fine of up to $1,000, or both, § 31-19-1(A)) (§ 30-3A-2). Stalking is knowingly pursuing a pattern of conduct (two or more acts, by any action, method, device or means, including following, monitoring, surveilling, threatening or communicating to or about a person) intended to place someone in reasonable apprehension of death, bodily harm, sexual assault, confinement or restraint. Stalking is a misdemeanor for a first conviction and a fourth degree felony on a second or subsequent conviction, and the court must order counseling or a domestic violence offender program (§ 30-3A-3). Aggravated stalking — stalking in violation of a protection order or release conditions, while possessing a deadly weapon, or against a victim under sixteen — is a fourth degree felony, and a third degree felony on a second or subsequent conviction (§ 30-3A-3.1).

Resisting, evading or obstructing an officer includes knowingly obstructing or resisting an officer serving court process, intentionally fleeing or evading an officer known to be trying to arrest the person, willfully refusing to stop a vehicle when signaled by a uniformed officer in a marked police vehicle, and resisting or abusing a judge, magistrate or peace officer; it is a misdemeanor (a definite term of less than one year in the county jail, a fine of up to $1,000, or both, § 31-19-1(A)) (§ 30-22-1). Aggravated fleeing a law enforcement officer — willfully and carelessly driving in a way that endangers another person's life after being signaled to stop by an officer in pursuit — is a fourth degree felony (basic sentence eighteen months, fine up to $5,000, § 31-18-15) when no one is injured, and a third degree felony (basic sentence three years, fine up to $5,000, § 31-18-15) when another person is injured (§ 30-22-1.1).

Missing a required court date is a crime in New Mexico when a person released pending a criminal case, an appeal or a probation revocation proceeding willfully fails to appear before the court. If the person was released in connection with a felony proceeding, failure to appear is a fourth degree felony (basic sentence eighteen months, fine up to $5,000, § 31-18-15); if released in connection with a misdemeanor or petty misdemeanor proceeding, it is a petty misdemeanor (up to six months in the county jail, a fine of up to $500, or both, § 31-19-1(B)).

A district judge decides probation violations under Supreme Court Rule 5-805. If it appears a probationer violated probation, the court may issue an arrest warrant (with or without release conditions) or the court or probation office may issue a notice to appear. If revocation is recommended, the probation office reports the facts to the district attorney and the court, and the district attorney must within five days either file a motion to revoke probation listing each alleged violation or file a notice of intent not to prosecute. An initial hearing must begin within thirty days of the motion and an adjudicatory hearing within sixty days after the initial hearing; a jailed probationer must be released back to supervision if those deadlines are missed, and the court may dismiss the motion. Some judicial districts run a technical-violation program in which a probationer may agree to automatic sanctions for violations that do not involve new criminal charges.

New Mexico has several obstruction-type offenses. Tampering with evidence — destroying, changing, hiding, placing or fabricating physical evidence to prevent anyone's apprehension, prosecution or conviction or to throw suspicion on another — is graded by the underlying crime: a third degree felony if that crime is a capital, first or second degree felony; a fourth degree felony if it is a third or fourth degree felony or is indeterminate; and a petty misdemeanor if it is a misdemeanor or petty misdemeanor (§ 30-22-5). Bribing, intimidating or threatening a witness (or someone likely to become a witness, or someone reporting a felony to police) is a third degree felony (basic sentence three years, fine up to $5,000, § 31-18-15), and retaliating against a witness by causing or threatening bodily injury or property damage is a second degree felony (basic sentence nine years, fine up to $10,000) (§ 30-24-3). Knowingly obstructing or resisting an officer serving court process is part of resisting, evading or obstructing an officer, a misdemeanor (§ 30-22-1).

Perjury in New Mexico is making a false statement under oath, affirmation or penalty of perjury, knowing it is untrue, when the statement is material to the issue in any judicial, administrative, legislative or other official proceeding or matter. Perjury is a fourth degree felony (basic sentence eighteen months, fine up to $5,000, § 31-18-15).

Being drunk in public is not a crime in New Mexico. State policy is that intoxicated and incapacitated persons 'may not be subjected to criminal prosecution, but rather should be afforded protection' and treatment (§ 43-2-3), and no county, municipality or other political subdivision may adopt or enforce a local law that makes drinking, being a common drunkard or being found in an intoxicated condition an element of an offense carrying a criminal or civil penalty (§ 43-2-4; laws on DUI and on the sale, purchase or use of alcohol at stated times and places are not affected). Instead, an intoxicated person who, for example, is disorderly in a public place or unable to care for their own safety may be taken into protective custody at a treatment facility; this is not an arrest or a criminal record, and the person generally may not be held more than seventy-two hours without a court petition (§ 43-2-8). Disorderly conduct while intoxicated can still be charged under the disorderly conduct statute.

Disorderly conduct in New Mexico covers engaging in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct that tends to disturb the peace, and maliciously disturbing, threatening or, in an insolent manner, intentionally touching any house occupied by any person. It is a petty misdemeanor (up to six months in the county jail, a fine of up to $500, or both, § 31-19-1(B)).

Indecent exposure is knowingly and intentionally exposing one's primary genital area to public view; it is a misdemeanor (a definite term of less than one year in the county jail, a fine of up to $1,000, or both, § 31-19-1(A)), and the court must also order professional counseling at the person's own expense (§ 30-9-14). Aggravated indecent exposure — exposure in a lewd and lascivious manner with intent to threaten or intimidate another person while exposing to a child under eighteen or while committing assault, aggravated assault, battery, aggravated battery, criminal sexual penetration or child abuse, among other listed offenses — is a fourth degree felony (basic sentence eighteen months, fine up to $5,000, § 31-18-15), also with mandatory counseling (§ 30-9-14.3).

Prostitution in New Mexico is knowingly engaging in or offering to engage in a sexual act for hire; it is a petty misdemeanor (up to six months in the county jail, a fine of up to $500, or both, § 31-19-1(B)) for a first conviction and a misdemeanor for a second or subsequent conviction (§ 30-9-2). Buying sex is called patronizing prostitutes: knowingly hiring or offering to hire a prostitute (or someone believed to be one), or entering or remaining in a place where prostitution is practiced intending to engage in a sexual act with a prostitute. It is likewise a petty misdemeanor, and a misdemeanor for a second or subsequent conviction (§ 30-9-3).

According to the New Mexico Gaming Control Board, gambling is prohibited unless specifically permitted by law (Gaming Control Act § 60-2E-4 and Criminal Code §§ 30-19-1 to 30-19-15). Legal forms include: the state lottery; tribal casinos operated under tribal-state compacts; casinos with gaming machines at five licensed racetracks (up to 750 machines each) and horse-race wagering placed at a licensed track; up to 15 gaming machines at qualified veterans' and fraternal clubs, for members only; and bingo, raffles and pull-tabs run by qualified organizations. The Board states that sports betting pools and wagering on sporting events (other than horse racing at a licensed track), casino nights and paid poker games are prohibited, and that it does not license or approve any internet or online gambling. It describes running commercial gambling (§ 30-19-3) as a fourth-degree felony.

Embezzlement is a separate crime in New Mexico (NMSA 1978, § 30-16-8). Under the Supreme Court's jury instruction, the state must prove the person was entrusted with property or money, converted it to their own use (keeping it rather than returning it, or using it for their own purpose), and at that time fraudulently intended to deprive the owner of it — even temporarily. Like larceny, embezzlement is graded by value: the instruction's use notes refer to value brackets of 'over $250,' 'over $500,' 'over $2,500,' or 'over $20,000,' and describe $250 or less as a petty misdemeanor.

Credit card fraud in New Mexico includes fraudulently using a credit card by representing that you are the cardholder or are authorized by the cardholder, with intent to deceive or cheat (NMSA 1978, § 30-16-25 defines the terms). The Supreme Court's jury instruction says the value of goods or services obtained is charged in brackets of 'over $250,' 'over $500,' 'over $2,500,' or 'over $20,000,' and that $250 or less is a petty misdemeanor. Theft of a credit card and possession of incomplete credit cards are separate offenses with their own instructions.

Writing a bad check is called 'issuance of a worthless check' under the Worthless Check Act (NMSA 1978, §§ 30-36-1 to 30-36-9); the Supreme Court's jury instruction calls it fraud by worthless check. The state must prove the person gave a check, received money or something of value for it, knew there would be neither sufficient funds nor credit to pay it in full, and intended to cheat or deceive. The instruction's committee commentary says the act divides the offense into petty offenses and felonies.

Blackmail is called extortion in New Mexico: communicating or transmitting any threat, by any means, intending to wrongfully obtain anything of value (the statute also covers threats made to make someone act against their will).Threats that count include threats to unlawfully injure a person or property, to accuse someone of a crime, to expose or impute a deformity or disgrace, to expose a secret, or to kidnap. Extortion is a third degree felony (basic sentence three years, fine up to $5,000, § 31-18-15).

First-degree murder is a killing without lawful justification or excuse that is (1) willful, deliberate and premeditated, (2) committed during the commission or attempted commission of any felony (felony murder), or (3) caused by an act greatly dangerous to the lives of others showing a depraved mind. It is a capital felony, and the sentence is life imprisonment or life imprisonment without possibility of release or parole. Second-degree murder is a killing without justification, not upon sufficient provocation, sudden quarrel or heat of passion, where the person knows the acts create a strong probability of death or great bodily harm; it is a second degree felony resulting in the death of a human being, with a basic sentence of 18 years and a fine of up to $12,500. New Mexico has no third-degree murder.

Manslaughter is an unlawful killing without malice. Voluntary manslaughter (upon a sudden quarrel or in the heat of passion) is a third degree felony resulting in the death of a human being: basic sentence 6 years, fine up to $5,000. Involuntary manslaughter (during an unlawful act that is not a felony, or a lawful act done without due caution) is a fourth degree felony: basic sentence 18 months, fine up to $5,000. Homicide by vehicle (killing someone by unlawfully operating a motor vehicle) is a second degree felony (basic sentence 9 years, fine up to $10,000) if the driver was under the influence of alcohol or drugs, with the basic sentence increased by four years for each prior DWI conviction within ten years; it is a third degree felony (3 years) if the driver was driving recklessly under § 66-8-113.

Abuse of a child (New Mexico's child endangerment law) is knowingly, intentionally or negligently, and without justifiable cause, causing or permitting a child under 18 to be placed in a situation that may endanger the child's life or health, tortured, cruelly confined or punished, or exposed to the weather. Without death or great bodily harm it is a third degree felony for a first offense and a second degree felony for later offenses; with great bodily harm it is a first degree felony; negligent abuse causing death, and intentional abuse causing the death of a child 12 to 18, are first degree felonies; intentional abuse causing the death of a child under 12 is a first degree felony resulting in the death of a child (life imprisonment). Abandonment of a child by a parent, guardian or custodian is a misdemeanor, or a second degree felony if it results in death or great bodily harm. Contributing to the delinquency of a minor (any act or omission that causes or tends to encourage delinquency of a person under 18) is a fourth degree felony.

Arson is maliciously or willfully starting a fire or causing an explosion to destroy or damage a building, occupied structure or another person's property, a bridge, utility line, fence or sign, or any property to collect insurance. The grade depends on the damage: $250 or less, petty misdemeanor; over $250 up to $500, misdemeanor; over $500 up to $2,500, fourth degree felony; over $2,500 up to $20,000, third degree felony; over $20,000, second degree felony. Negligent arson (recklessly starting a fire or explosion that causes death or bodily injury, or damages another's building or occupied structure) is a fourth degree felony. Aggravated arson (willfully or maliciously setting fire to or using explosives on a bridge, vehicle, building, dwelling or other listed structure, causing a person great bodily harm) is a second degree felony.

Cruelty to animals (negligently mistreating, injuring, killing without lawful justification or tormenting an animal, or abandoning or failing to provide necessary sustenance to an animal in one's care) is a misdemeanor; a fourth or later conviction is a fourth degree felony. Extreme cruelty to animals (intentionally or maliciously torturing, mutilating, injuring or poisoning an animal, or maliciously killing one) is a fourth degree felony. The court may order an animal cruelty prevention or education program and psychological counseling at the offender's expense, and must order an assessment and any needed counseling for a child adjudicated of cruelty. Insects and reptiles are not covered, and hunting, fishing, veterinary care, pest control, accepted farming and rodeo practices and licensed research are exempt. Section 30-18-1 does not set an animal ownership ban.

Yes. Unauthorized distribution of sensitive images is distributing, publishing or otherwise making available (electronically or otherwise) sensitive images of a person without that person's consent, with intent to harass, humiliate or intimidate them, cause them to fear for their safety, cause unwanted physical contact or injury, or cause substantial emotional distress, where the conduct would cause a reasonable person substantial emotional distress. 'Sensitive images' include images depicting or simulating an intimate act or showing a person's genitals or a woman's breast below the top of the areola. A first offense is a misdemeanor; a second or later conviction is a fourth degree felony. Internet and telecommunications providers are not liable for others' content.

New Mexico's cyberbullying law is a school-policy law, not a criminal statute. The Safe Schools for All Students Act defines cyberbullying as bullying through electronic communication and requires each local school board to adopt and enforce policies to prevent bullying (including electronic communication on or using school property) and to prohibit electronic communication directed at a student that substantially interferes with the student's ability to participate in school; consequences are school discipline. Criminal conduct may be charged under general laws, such as harassment (a knowing pattern of conduct intended to annoy, seriously alarm or terrorize another person that would cause a reasonable person substantial emotional distress), a misdemeanor.

New Mexico has no separate sexting offense, but the sexual exploitation of children statute has a minor-to-minor exception. Possessing an obscene image of a child under 18 engaged in a prohibited sexual act is normally a fourth degree felony, but that possession ban does not apply to an image possessed by a child under 18 when the child shown is between 14 and 18 and knowingly and voluntarily consented to the possession, and either consented to its creation or produced it voluntarily without coercion. The exception does not cover images that result from coercion. Distributing such images is a separate third degree felony with no stated minor exception.

Under the Money Laundering Act, it is a crime to knowingly conduct a financial transaction with proceeds of a specified unlawful activity to conceal their source or avoid reporting requirements, to further other unlawful activity, or to transport or provide such property for those purposes. Grade depends on the amount: $10,000 or less, misdemeanor; over $10,000 up to $50,000, fourth degree felony; over $50,000 up to $100,000, third degree felony; over $100,000, second degree felony. A civil penalty of three times the value of the property also applies.

Human trafficking covers both labor and sex trafficking: knowingly recruiting, soliciting, enticing, transporting or obtaining a person, intending or knowing that force, fraud or coercion will be used to subject them to labor, services or commercial sexual activity; doing so with a person under 18 for commercial sexual activity; or knowingly benefiting from labor, services or commercial sex obtained by force, fraud or coercion. It is a third degree felony (basic sentence 3 years); a second degree felony (9 years) if the victim is under 16; and a first degree felony (18 years) if the victim is under 13. Restitution to the victim is required, and a victim may not be charged as an accessory.

Pedestrians must obey traffic-control signals at intersections, and cities may by ordinance require strict compliance and ban crossing outside crosswalks in business districts or on designated highways. A pedestrian crossing outside a marked or unmarked crosswalk must yield to all vehicles; between adjacent signalized intersections pedestrians may cross only in a marked crosswalk; and a pedestrian may not suddenly step into the path of a vehicle too close to yield. Drivers must yield to pedestrians in crosswalks where signals are not operating. Violations are penalty assessment misdemeanors with a $25.00 penalty assessment ('Pedestrian violation 66-7-333 through 66-7-340').

No one may knowingly drink alcohol in a motor vehicle on a public highway, or have an opened or partly emptied container of alcohol on their person in the vehicle. The registered owner may not keep an open container in the vehicle unless it is in the trunk (or an area not normally occupied if there is no trunk; the glove compartment does not count), the living quarters of a motor home or RV, a truck camper, or an unoccupied pickup bed. Passengers in buses, taxis and limousines for hire are exempt. A first violation is a penalty assessment misdemeanor ($25.00); a second or later violation is a misdemeanor (fine up to $300 and/or up to 90 days) with driver's license revocation of three months for a second violation and one year for a third or later.

A minor (under 21) may not buy, attempt to buy, receive, possess or be served alcohol, except when a parent, legal guardian or adult spouse serves the minor on private property (not licensed premises) under their control, or for religious practice. It is a misdemeanor: a first violation brings a fine of up to $1,000 and 30 hours of DWI-related community service; a second, up to $1,000, 40 hours and a 90-day driver's license suspension; a third or later, up to $1,000, 60 hours and suspension for two years or until age 21, whichever is longer. A minor who presents false evidence of age or identity to buy alcohol commits a petty misdemeanor, and giving or lending an ID to a minor for that purpose is also a petty misdemeanor. Selling, serving or buying alcohol for a minor is generally a fourth degree felony.

Driving on a suspended license, when the person knows or should have known of the suspension, is a misdemeanor punishable by a fine up to $300 and/or up to 90 days in jail (or up to 90 days in a certified alternative sentencing program), and the vehicle may be immobilized for 30 days. Driving on a revoked license is a misdemeanor punishable by 4 to 364 days in jail and a fine up to $1,000; if the revocation was for DWI or implied-consent refusal, at least seven consecutive days in jail and a $300 to $1,000 fine that cannot be suspended or deferred. After a revoked-license conviction the vehicle must be immobilized for 30 days and no new license is issued for an additional year. Driving while a license is only administratively suspended is a penalty assessment misdemeanor. The statutes do not set separate first-versus-repeat penalties.

No one may drive a motor vehicle, neighborhood electric car or moped on a highway without a valid New Mexico license (unless exempt). Because no specific penalty is set, a violation is a misdemeanor under the Motor Vehicle Code's general penalty: a fine up to $300 and/or up to 90 days in jail; a person is not convicted if they show the court a license that was valid when arrested. Failing to carry a physical license and show it on demand is a penalty assessment misdemeanor ($25.00 'No license display'), dismissed if a valid physical license is produced in court.

Switchblades and gravity knives are banned: making, possessing, displaying, selling, lending, giving away or buying a knife whose blade opens automatically by a button or spring, or opens by gravity or centrifugal thrust, is a petty misdemeanor. Knives such as daggers, switchblades, bowie knives, dirks and butcher knives are 'deadly weapons', and carrying a concealed deadly weapon is a petty misdemeanor except in one's home or on one's property, in a private vehicle for lawful protection, or by peace officers or concealed handgun licensees. Carrying any deadly weapon on public school premises (buildings, grounds, parking areas, school buses and school-sanctioned activity sites) is a fourth degree felony, except for listed groups such as peace officers, approved programs and adults over 19 in a private vehicle. Boarding a for-hire or public bus with a deadly weapon readily accessible, without the company's approval, is a misdemeanor. No statute in the Criminal Code's weapons article sets a blade-length limit.

Under the Fireworks Licensing and Safety Act, only 'permissible fireworks' may be possessed or used: ground and hand-held sparkling devices (cone and cylindrical fountains, crackling devices, flitter sparklers, ground spinners, illuminating torches, wheels), aerial devices (reloadable shell kits, aerial spinners, helicopters, mines, missile-type rockets, multiple tube devices, roman candles, shells, most stick-type rockets) and ground audible devices (chasers and firecrackers); small stick rockets and devices with more than 130 mg of explosive per report are not permitted. Selling fireworks to children under 16 is unlawful. Retail sales are allowed June 20 to July 6, the six days before and including New Year's Day, the three days before and including Chinese New Year, September 16 and Cinco de Mayo (year-round at permanent tourism stores). Fireworks may not be sold or used on state forest land, wildlands or a bosque, or set off in or thrown from a vehicle. Violations are misdemeanors punishable by a fine up to $1,000 and/or up to one year in jail. Cities and counties may not ban permissible fireworks other than aerial and ground audible devices, but during declared extreme or severe drought they must ban rockets, helicopters, aerial spinners and ground audible devices and may restrict others.

Kidnapping is unlawfully taking, restraining, transporting or confining a person by force, intimidation or deception with intent to hold them for ransom, as a hostage or shield, or to inflict death, physical injury or a sexual offense on them, among the listed purposes. It is a first degree felony (basic sentence 18 years), reduced to a second degree felony (9 years) when the kidnapper voluntarily frees the victim in a safe place without inflicting physical injury or a sexual offense. False imprisonment (intentionally confining or restraining someone without consent, knowing there is no lawful authority to do so) is a fourth degree felony (18 months). Custodial interference with a child, by a parent or by someone with no custody right, is also a fourth degree felony.

New Mexico has no general 'criminal threats' crime; threats are covered by several offenses. Assault, including any unlawful act, threat or menacing conduct that makes someone reasonably believe they are about to be hit, is a petty misdemeanor (up to 6 months). Aggravated assault (assaulting or striking at someone with a deadly weapon, or threatening or menacing someone while masked or disguised) is a fourth degree felony (18 months). Threatening a judge or a judge's immediate family to cause fear of great bodily harm, interfere with the judge's duties or retaliate is a fourth degree felony. Making a bomb scare, or a shooting threat that causes fear of great bodily harm, disrupts a public building or triggers an emergency response, is a fourth degree felony, and the court may order repayment of the victim's economic harm. Threatening injury by telephone is a misdemeanor, or a fourth degree felony for a repeat.

Taking a vehicle or motor vehicle without the owner's consent (unlawful taking), embezzling a vehicle, fraudulently obtaining one, and receiving, transferring or possessing a vehicle one knows or has reason to believe was stolen are each felonies graded by the number of offenses, not value: a fourth degree felony (18 months) for a first offense, a third degree felony (3 years) for a second, and a second degree felony (9 years) for a third or later, regardless of which of these provisions the earlier offenses were under. Violating several of these provisions with one vehicle counts as a single offense. An owner's earlier consent is never presumed to carry over. Injuring or tampering with a motor vehicle, including starting its engine without the owner's authority, is a misdemeanor.

Receiving stolen property means intentionally receiving, keeping or disposing of property knowing or believing it was stolen (unless meant to return it to the owner); 'stolen' includes property taken by theft, fraud, embezzlement or robbery. Grades by value: $250 or less is a petty misdemeanor; over $250 to $500 a misdemeanor; over $500 to $2,500 a fourth degree felony (18 months); over $2,500 to $20,000 a third degree felony (3 years); and over $20,000 a second degree felony (9 years). A stolen firearm worth under $2,500 is a fourth degree felony. A dealer is presumed to know property was stolen if found with goods stolen from 2 or more people on separate occasions, 5 or more stolen items within a year, or goods bought far below their value.

Yes. Organized retail crime is acting with one or more others to steal, or to receive, buy or possess knowing it was stolen, merchandise with a combined retail value of $2,500 or more from one or more retailers within one year with intent to sell, exchange or return it for value; stealing such merchandise as an agent of others as part of an organized plan; or recruiting, organizing, directing, managing or financing others to commit these acts or other merchandise theft. It is a second degree felony (basic sentence 9 years). Values are combined over the year, and the case may be brought in any county where merchandise was stolen.

Trafficking (manufacturing any Schedule I-V controlled substance, or distributing, selling, giving away or possessing with intent to distribute a Schedule I or II narcotic drug or methamphetamine) is a second degree felony (basic sentence 9 years) for a first offense and a first degree felony (18 years) for a second or later offense; knowingly trafficking in a drug-free school zone is a first degree felony. New Mexico's statute sets these grades without weight thresholds or mandatory minimum terms. Distributing or possessing with intent to distribute other Schedule I-IV drugs is a third degree felony (second degree for a repeat), synthetic cannabinoids are a fourth degree felony (higher for repeats or over 100 pounds), and Schedule V drugs are a misdemeanor. Secretly giving someone GHB or flunitrazepam to commit a crime against them is a third degree felony.

Intentionally obtaining or attempting to obtain a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge is a fourth degree felony (basic sentence 18 months). The same grade applies to using a fictitious, revoked, suspended or another person's registration number in making or distributing controlled substances, furnishing false or fraudulent information in required records or reports, and making equipment to counterfeit drug markings.

New Mexico calls this 'great bodily harm by vehicle': injuring someone to the level of great bodily harm through the unlawful operation of a motor vehicle. Doing so while under the influence of alcohol or drugs, or while driving recklessly, is a third degree felony (basic sentence 3 years), with 4 years added to the basic sentence for each prior DWI conviction within 10 years in the impaired-driving cases. Homicide by vehicle while impaired is a second degree felony, and while driving recklessly a third degree felony. Willfully refusing to stop for a uniformed officer's signal and thereby causing death or great bodily harm is also a third degree felony.

Without written permission from the chief of the state police, no one may drive on a highway in any race, speed competition or contest, drag race, acceleration contest, endurance test, exhibition of speed, or attempt to set a speed record, or take part in one in any way. Violating this is a misdemeanor under the Motor Vehicle Code, punishable by up to 90 days in jail and/or a fine up to $300, since no other penalty is specified.

It is unlawful to operate a motorboat under the influence of alcohol, under the influence of drugs to a degree that makes safe operation impossible, or with a blood or breath alcohol concentration of 0.08 or more. A first conviction carries up to 90 days in jail and/or a fine up to $500 (probation up to 1 year) plus a required boating safety course. A second or later conviction carries up to 364 days and/or a fine up to $750. Aggravated boating while intoxicated (0.16 or more, causing bodily injury, or refusing chemical testing while found to be impaired) adds a mandatory minimum of 48 consecutive hours in jail and a higher fine ($750 first, $1,000 later).

Knowingly or willfully making a false or fraudulent material statement in an insurance application, presenting a false or fraudulent claim or proof of loss to get money or benefits under a policy, or preparing false documents to support a claim is a crime graded by the purported loss to the insurer: $250 or less a petty misdemeanor; over $250 to $500 a misdemeanor; over $500 to $2,500 a fourth degree felony (18 months); over $2,500 to $20,000 a third degree felony (3 years); and over $20,000 a second degree felony (9 years). A false statement made under oath is also perjury. The Insurance Fraud Act defines insurance fraud as any act in an insurance transaction that is a crime under the Criminal Code or Insurance Code and sets up investigation and reporting.

Knowingly failing to disclose a material fact or a change in circumstances to obtain or keep receiving public assistance one is not entitled to is a crime graded by the value wrongly received in any 12 consecutive months: $250 or less a petty misdemeanor; over $250 to $500 a misdemeanor; over $500 to $2,500 a fourth degree felony (18 months); over $2,500 to $20,000 a third degree felony (3 years); and over $20,000 a second degree felony (9 years). A public employee who misappropriates food stamp benefits, WIC checks or public assistance funds faces the same value grades. Medicaid fraud (for example kickbacks or false claims for payment) is a fourth degree felony or graded by value depending on the conduct. Unemployment benefit fraud is in the Unemployment Compensation Law (chapter 51), which was not read in this pass.

Giving or offering anything of value to a public officer or public employee to influence an official opinion, judgment, vote, use of official power or performance of a public duty is bribery, a third degree felony (basic sentence 3 years). A public officer or employee who solicits or accepts anything of value intending to be influenced in an official matter commits a third degree felony and forfeits the office. Separate sections cover bribing or intimidating a witness, a witness accepting a bribe, bribing a contest participant, and Medicaid or other illegal kickbacks; the Criminal Code's section headings show no general commercial bribery offense.

Willfully attempting to evade or defeat any New Mexico tax or its payment is a felony punishable by 1 to 5 years in prison and/or a $1,000 to $10,000 fine, plus prosecution costs. Tax fraud (willfully signing a return one believes is false, helping prepare a fraudulent return, knowingly e-filing a false return, or hiding property to evade collection, among other acts) is graded by the tax owed: $250 or less a petty misdemeanor; over $250 to $500 a misdemeanor; over $500 to $2,500 a fourth degree felony; over $2,500 to $20,000 a third degree felony; and over $20,000 a second degree felony. Willfully failing, with intent to defraud, to collect and pay over a tax one is required to collect is a felony with 6 months to 3 years and/or a fine up to $5,000.

New Mexico calls rape 'criminal sexual penetration' (CSP). First degree CSP (on a child under 13, or by force or coercion causing great bodily harm or great mental anguish) is a first degree felony (basic sentence 18 years); aggravated CSP (on a child under 13 with intent to kill or depraved mind) carries life imprisonment. Second degree CSP (for example by force or coercion causing personal injury, with help from others, while armed, during another felony, or by a jail or prison official on an inmate) is a second degree felony (9 years), and other CSP by force or coercion is third degree (3 years). Unwanted touching of an adult's unclothed intimate parts (criminal sexual contact) is a fourth degree felony (18 months) when it involves force causing injury, help from others, or a weapon, and a misdemeanor otherwise when done by force or coercion. Offenses based only on age are covered on the age-of-consent page.

Criminal sexual penetration of a child under 13 is a first degree felony (basic sentence 18 years), or life imprisonment when done with intent to kill or depraved mind; CSP of a child 13 to 17 by force or coercion is a second degree felony for a sexual offense against a child (15 years) with a mandatory 3-year minimum that cannot be suspended. Criminal sexual contact of a minor (touching a minor's intimate parts) is a second degree felony for a sexual offense against a child, with the same 3-year mandatory minimum, when it involves unclothed intimate parts of a child under 13, or of a child 13 to 17 by someone in a position of authority who uses it to coerce, by force causing injury, with help from others, or while armed; the same acts without the unclothed element are third degree (6 years). Contact with a child 13 to 17 by force or coercion, or by a school employee or volunteer at least 4 years older, is a fourth degree felony.

New Mexico calls this 'sexual exploitation of children'. Knowingly possessing obscene material depicting a child under 18 in a prohibited sexual act is a fourth degree felony for sexual exploitation of children (basic sentence 10 years), and if a depicted child is under 13 the sentence increases by one year, with the first year served and not suspendable. Distributing it, or causing or permitting a child to engage in a prohibited sexual act knowing it may be recorded or performed publicly, is a third degree felony (11 years; second degree if the child is under 13). Manufacturing it is a second degree felony (12 years). Making or distributing obscene material that falsely depicts a real child as a participant (for example an altered image) is a fourth or third degree felony. A narrow exception covers a minor's consensual possession of images of a 14- to 17-year-old who voluntarily made or agreed to them.

Child solicitation by electronic communication device is knowingly soliciting a child under 16, using a computer, phone or other electronic device, to engage in sexual intercourse, sexual contact, a sexual or obscene performance or other sexual conduct, when the solicitor is at least 4 years older. It is a fourth degree felony (18 months) if the child is 13 to 15 and a third degree felony (3 years) if under 13; if the person also shows up at a meeting arranged through the solicitation, it is a third degree felony (13 to 15) or second degree felony (under 13). It is no defense that the 'child' was a police officer posing as one, and the offense occurs in New Mexico if the message is sent or received there.

Sex offenders living in New Mexico must register in person with the county sheriff within 5 business days after release from custody or being placed on probation or parole, or after moving to the state; out-of-state residents who work or go to school in New Mexico also register, and changes must be reported within 5 business days. The Department of Public Safety keeps registration information for life for offenders convicted of aggravated or first- to third-degree criminal sexual penetration, second- to fourth-degree criminal sexual contact of a minor, sexual exploitation of children, kidnapping of a child by a non-parent, fourth degree criminal sexual contact, or attempts; it keeps it for 10 years after conviction or release (whichever is later) for other listed offenses such as fourth degree CSP, child enticement and electronic child solicitation, or for life after a second conviction. Willfully or knowingly failing to register or verify is a fourth degree felony (18 months), and a third degree felony (3 years) after a prior conviction; knowingly giving false information is also a fourth degree felony.

A 'felon' may not receive, transport or possess a firearm or destructive device. A felon is someone with a felony conviction from any U.S. court if less than 10 years have passed since finishing the sentence or probation (whichever is later), the person has not been pardoned, and the person did not receive a deferred sentence; so the ban ends after 10 years or a pardon. A felon found in possession of a firearm commits a third degree felony (basic sentence 3 years); a serious violent felon commits a third degree felony with a basic term of 6 years. People subject to a domestic violence order of protection, or convicted of battery or criminal damage against a household member, a first stalking offense, or a crime listed in 18 U.S.C. 921, commit a misdemeanor by possessing a firearm.

New Mexico's Computer Crimes Act grades offenses by value. Knowingly accessing a computer, system or network to obtain money or property by embezzlement or fraud, knowingly altering, damaging, disrupting or destroying a computer or computer service without authorization (computer abuse), and accessing, using, copying or taking computer property or services without authorization are each a petty misdemeanor at $250 or less; a misdemeanor over $250 to $500; a fourth degree felony (18 months) over $500 to $2,500; a third degree felony (3 years) over $2,500 to $20,000; and a second degree felony (9 years) over $20,000. Knowingly inserting false data into a computer or database intending to harm another's property or financial interests is a fourth degree felony.

For telephone and telegraph communications, New Mexico follows one-party consent: interference with communications includes reading, interrupting, taking or copying a message or communication meant for another without the consent of a sender or intended recipient, and tapping a phone line without the owner's consent; it does not apply to a person acting under color of law who is a party to the communication or has one party's prior consent. Interference with communications is a misdemeanor (less than 1 year). The statute is written for telegraph and telephone communications and does not separately address recording an in-person conversation.

Intentionally making a report to police that a person committed a crime, knowing it is false, is a misdemeanor (less than 1 year). Knowingly giving police or a fire department a false report of a fire, explosion or placed explosive or destructive device (including setting off a fire alarm) is a misdemeanor, or a fourth degree felony (18 months) if it causes death or great bodily harm. Making a bomb scare, or a shooting threat that triggers a law enforcement or emergency response, is a fourth degree felony, and the court may order repayment of the victim's economic losses.

Yes, as a sentencing enhancement under the Hate Crimes Act. If the judge or jury finds beyond a reasonable doubt that a noncapital felony was 'motivated by hate', meaning committed because of the victim's actual or perceived race, religion, color, national origin, ancestry, age (60 or older), disability, gender, sexual orientation or gender identity, the basic prison sentence may be increased by 1 year, or by 2 years if the offender had a prior hate-motivated conviction. The sentence may include community service, treatment or education. For hate-motivated misdemeanors and petty misdemeanors, the sentence may include an alternative sentence such as community service.

After serving a prison sentence, an inmate must undergo a parole period: 2 years after a first, second or third degree felony and 1 year after a fourth degree felony (different periods for certain sex offenders and for life sentences). During parole, the parole board or the corrections director may issue a warrant or notice to appear for a violation of release conditions, and the person stays in custody pending a hearing. The parole board must promptly hold a parole revocation hearing; if the violation is established, the board may continue or revoke parole or enter any other order it sees fit, and decides whether time between the violation and arrest counts toward the sentence.

A restrained party convicted of violating an order of protection issued under the Family Violence Protection Act commits a misdemeanor (less than 1 year and/or up to $1,000). A second or later conviction requires at least 72 consecutive hours in jail that cannot be suspended or deferred. The court must order full restitution and professional counseling, and police may arrest without a warrant on probable cause and must also file any other criminal charges arising from the incident. A person subject to such an order who possesses a firearm commits a separate misdemeanor.

New Mexico uses offender categories in the Children's Code. A 'serious youthful offender' (15 to 17, indicted or bound over for first degree murder) is excluded from the definition of a delinquent child. A 'youthful offender' (14 to 17 adjudicated for listed serious offenses such as second degree murder, kidnapping, criminal sexual penetration, robbery, aggravated burglary or aggravated battery, a 14-year-old adjudicated for first degree murder, or 14 to 17 with three prior separate felony adjudications in three years) can receive an adult sentence or juvenile sanctions. To impose an adult sentence, the children's court attorney must file notice of intent, probable cause must be found, and the judge must find the child is not amenable to treatment and not eligible for a disability or mental health commitment, weighing listed factors. An adult sentence may be less than but cannot exceed the mandatory adult sentence and cannot be life without parole; otherwise the youth may be kept in juvenile custody until 21.

New Mexico abolished the death penalty in 2009. A person convicted of a capital felony (first-degree murder) is sentenced to life imprisonment or life imprisonment without possibility of release or parole, and the death-penalty procedure sections (NMSA 1978, 31-20A-1, -2.1, -3, -4 and -6) were repealed.

People with felony convictions cannot vote while imprisoned in a correctional facility as part of a felony sentence. Since House Bill 4 (enacted March 30, 2023), they become eligible to vote immediately on release from prison, including while on parole or probation; before that law, they had to finish the whole sentence, including parole and probation. The Corrections Department says people leaving its prisons are registered to vote on release.

Voting returns automatically on release from prison (House Bill 4, 2023). Other civil rights are restored by a governor's pardon, which under the state constitution (Art. V, Sec. 6) is at the governor's sole discretion; according to the Corrections Department's clemency policy, a pardon restores all or some of the rights of citizenship, removes state-imposed disabilities such as the right to vote and hold public office, and is generally applied for only after a waiting period free of arrest after discharge from supervision: 5 years for a fourth degree felony, 6 years for third degree, 7 years for second degree and 8 years for first degree (2 more years after an unsatisfactory discharge). For firearms, the state felon-in-possession ban applies only to a felony conviction for which less than 10 years have passed since the sentence or probation was completed, and does not apply after a pardon or to a deferred sentence (see the felon-in-possession page).

New Mexico has two repeat-offender laws. Habitual offender: a person convicted of a noncapital felony with one prior felony conviction has the basic sentence increased by one year (which may be suspended only if both felonies were nonviolent and the court makes specific findings); with two prior felonies, by four years; and with three or more, by eight years, which cannot be suspended or deferred. A prior counts only if less than ten years have passed since the person finished the sentence, probation or parole for it, and felony DWI convictions do not count. 'Three strikes': a person convicted of a third violent felony (first- or second-degree murder; shooting at or from a vehicle, kidnapping or armed robbery causing great bodily harm; or listed criminal sexual penetration offenses), each from a separate occurrence, must receive life imprisonment, with parole possible; felonies committed before age 18 do not count.

Restricted by Environment Department rule. Under the hemp rule 20.10.2 NMAC (an emergency rule effective August 1, 2025, made permanent effective January 28, 2026), a permitted hemp facility may not receive, possess, manufacture, advertise or sell semi-synthetic cannabinoids (made by chemically converting one cannabinoid into another; the Department's example is delta-8 THC made from CBD isolate) or synthetic cannabinoids, or products containing them; only listed cannabinoids such as CBD, CBG, CBN and THCV at 98 percent purity may be used. Hemp finished products may contain no more than 0.3 percent total THC, 2.0 milligrams of total THC per serving and 20 milligrams per package (tinctures 100 milligrams per package; broad-spectrum products 6.0 milligrams per package; cosmetics and vapes are exempt from the milligram limits), effective 60 days after the rule took effect. Adult-use cannabis itself is legal for people 21 and older under the Cannabis Regulation Act.

New Mexico has a legal medical psilocybin program. The Medical Psilocybin Act (Senate Bill 219, signed April 2025, effective June 20, 2025) sets up a regulated program run by the Department of Health for the medical use of psilocybin to treat qualified conditions such as major treatment-resistant depression, PTSD, substance use disorders and end-of-life care, with a Medical Psilocybin Advisory Board. The Department of Health says the program is set to be implemented by December 31, 2026. Possession outside the program remains governed by the Controlled Substances Act.

Kratom is not a controlled substance under New Mexico's Controlled Substances Act: neither kratom (Mitragyna speciosa) nor mitragynine appears in the statutory schedules I through V or anywhere else in Chapter 30 of the NMSA.

Hemp CBD products are legal and regulated by the Environment Department as hemp finished products. 'Hemp' means cannabis with not more than 0.3 percent THC on a dry weight basis, and CBD (cannabidiol) is a listed cannabinoid that may be used as an ingredient. Hemp finished products sold to consumers (food, cosmetics or inhalable products) must come from a permitted hemp facility and may contain no more than 0.3 percent total THC, 2.0 milligrams of total THC per serving and 20 milligrams per package (broad-spectrum products, with the THC removed, no more than 6.0 milligrams per package). Restaurants and bakeries that make hemp products must meet the same requirements as wholesale producers.

The minimum age to buy tobacco products, including e-cigarettes, is 21 under the Tobacco Products Act (SB 131, 2020), effective January 1, 2021. Retailers must be licensed by the Regulation and Licensing Department's Alcoholic Beverage Control Division, must verify age, and must post a sign stating that it is illegal for a person under 21 to purchase tobacco products. A licensee whose employee sells to someone under 21 generally faces a 1-day suspension and $1,000 fine for a first violation at a location, 7 days and $4,000 for a second within three years, 30 days and $7,000 for a third, and permanent license revocation for a fourth.

New Mexico's criminal elder-abuse law is the Resident Abuse and Neglect Act, which protects any person living in or receiving treatment from a 'care facility' (including nursing homes, assisted and group homes, home health agencies, adult day care and private homes where personal or nursing care is provided), regardless of age. Abuse or neglect of a resident is a petty misdemeanor if it causes no harm, a fourth degree felony (18 months) if it causes physical harm or great psychological harm, a third degree felony (3 years) if it causes great physical harm, and a second degree felony (9 years) if the resident dies. Exploiting a resident's property is a petty misdemeanor up to $250, a misdemeanor over $250 to $500, a fourth degree felony over $500 to $2,500, a third degree felony over $2,500 to $20,000, and a second degree felony over $20,000.

In New Mexico, voyeurism is intentionally viewing, or using a device (camera, phone, computer, binoculars and similar) to view, photograph, film, webcast or record, another person's intimate areas (genitals, groin, buttocks, anus, breasts or the underwear covering them) without their knowledge and consent, either inside a bedroom, bathroom, changing or fitting room, tanning booth or other private area, or anywhere the person reasonably expects privacy. It is a misdemeanor (up to 1 year in jail and/or a $1,000 fine), or a fourth degree felony (18 months) if the victim is under 18.

New Mexico has separate crimes for assaults on peace officers in the lawful discharge of their duties. Simple assault and battery are petty misdemeanors, but assault upon a peace officer is a misdemeanor and battery upon a peace officer (rude, insolent or angry touching) is a fourth degree felony (18 months). Aggravated assault upon a peace officer (with a deadly weapon, while disguised, or with intent to commit a felony) is a third degree felony (3 years); assault on a peace officer with intent to kill is a second degree felony (9 years). Aggravated battery upon a peace officer is a fourth degree felony if it causes painful temporary disfigurement or temporary loss of function, and a second degree felony if it causes great bodily harm or is done with a deadly weapon or in a way that could cause death or great bodily harm.