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New Mexico Capital Punishment Laws

Capital punishment, or "the death penalty" 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 The Land of Enchantment repealed its death sentence statute in 2009.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.

States can enact their own capital punishment laws, 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.

New Mexico's History With the Death Penalty

Terry Clark 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.

On March 18, 2009, New Mexico abolished the death penalty 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 and Timothy Allen, remained on death row. But in 2019, the New Mexico Supreme Court commuted their sentences to life imprisonment.

Capital Punishment Statutes in New Mexico

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.

Code section New Mexico Statutes 31-18-14: Sentencing authority; capital felonies
Is capital punishment allowed?

No

Note: 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.

Capital Punishment in America

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, with the majority of these executions happening in states like Alabama, Florida, Missouri, Oklahoma, and Texas.

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.

Despite the U.S. Supreme Court's 1976 ruling 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.

Have Legal Questions? Ask a New Mexico Attorney

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 near you today.

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