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The Death Penalty in New Mexico

How New Mexico law treats death penalty, from the state code and official state agencies.

Short answer: 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… NMSA 1978, 31-18-14 (2009), as quoted by the New Mexico Department of Justice

Death penaltyNew 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of release or parole, and the death-penalty procedure sections (NMSA 1978, 31-20A-1, -2.1, -3, -4 and -6) were repealed.
Source: New Mexico Department of Justice (Attorney General) agency bill analysis of 2025 SB 187, which says the analysis is not an official policy or legal position of the department. SB 187 (2025) would have reinstated death for murder of a peace officer; its outcome was not confirmed.
Source: NMSA 1978, 31-18-14 (2009), as quoted by the New Mexico Department of Justice

More New Mexico criminal law

FAQ

Does New Mexico have the death penalty?
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of release or parole, and the death-penalty procedure sections (NMSA 1978, 31-20A-1, -2.1, -3, -4 and -6) were repealed.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.