{"id":375103,"date":"2016-03-31T21:36:01","date_gmt":"2016-04-01T02:36:01","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-mexico-law\/new-mexico-capital-punishment-laws.html"},"modified":"2024-12-06T12:13:00","modified_gmt":"2024-12-06T17:13:00","slug":"new-mexico-capital-punishment-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-mexico-law\/new-mexico-capital-punishment-laws.html","title":{"rendered":"New Mexico Capital Punishment Laws"},"content":{"rendered":"\n
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New Mexico Capital Punishment Laws<\/h1>\n
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\n By Olivia Wathne, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Capital punishment, or "the death penalty<\/a>" as it’s commonly known, is no longer a legal sentence in the state of New Mexico. The Land of Enchantment repealed its death sentence statute in 2009. This made it one of 23 states (along with the District of Columbia) that do not use capital punishment.<\/p>\r\n

States can enact their own capital punishment laws<\/a>, and 27 states have death penalty laws in place. Instead of the death penalty, New Mexico charges the most serious crimes with life imprisonment, with the possibility of parole depending on the nature and severity of the crime.<\/p>\r\n

New Mexico’s History With the Death Penalty<\/b><\/h2>\r\n

Terry Clark<\/a> was the last person executed in New Mexico before the state abolished the death penalty. He was put to death by lethal injection at the state penitentiary in Santa Fe on Nov. 6, 2001.<\/p>\r\n

On March 18, 2009, New Mexico abolished the death penalty<\/a> when Gov. Bill Richardson signed House Bill 2085. This decision followed a long legislative process, with the repeal passing through the state house and the senate. The move came from concerns about the death penalty statute and the use of lethal injection. The repeal of the death penalty was not retroactive. This meant that two men, Robert Ray Fry<\/a> and Timothy Allen<\/a>, remained on death row. But in 2019, the New Mexico Supreme Court <\/a>commuted their sentences to life imprisonment.<\/p>\r\n

Capital Punishment Statutes in New Mexico<\/b><\/h2>\r\n

Even before 2009, New Mexico did not have a history of executions. Since the state reinstated capital punishment in 1976, the state had only executed one person. New Mexico’s capital punishment laws are below.<\/p>\r\n\r\n
Code section<\/th>\r\nNew Mexico Statutes 31-18-14<\/a>: Sentencing authority; capital felonies<\/b><\/th>\r\n<\/tr>
Is capital punishment allowed?<\/th>\r\n

No<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note:<\/b> State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.<\/i><\/p>\r\n

Capital Punishment in America<\/b><\/h2>\r\n

The death penalty remains a deeply divisive issue in the United States. Recent polls show a near-even split between those who support capital punishment and those who don’t. But, support for executions and the frequency of their use have been declining. In 2023, states executed 24 people<\/a>, with the majority of these executions happening in states like Alabama, Florida, Missouri, Oklahoma, and Texas.<\/p>\r\n

The American landscape of capital punishment varies. States such as Georgia, Virginia, and Alabama continue to use the death penalty. States like New Jersey, Illinois, and Maryland have abolished it. Others, including California, Colorado, New York, and Washington, have also moved away from capital punishment, reflecting shifting attitudes nationwide.<\/p>\r\n

Despite the U.S. Supreme Court’s 1976 ruling<\/a> on the constitutionality of the death penalty, some states like Nebraska, North Carolina, and Oklahoma still uphold it. Iowa, Kansas, and New Hampshire have carried out no executions since the death penalty got reinstated in 1976.<\/p>\r\n

Have Legal Questions? Ask a New Mexico Attorney<\/b><\/h2>\r\n

Not all states have banned capital punishment, and death penalty law can be difficult to understand. If you would like legal help with a death penalty or potential sentence of life imprisonment matter, reach out to a New Mexico criminal law attorney<\/a> near you today.<\/p>\r\n

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