New Mexico Criminal Laws

The New Mexico Criminal Code defines a crime as an act or omission forbidden by law. A complex system of criminal offenses and sentences balances protecting New Mexicans and punishing lawbreakers.

New Mexico statutes have provisions for crimes ranging from Abuse of Privacy to Worthless Checks and everything in between, including Illegal Possession of Mercury (you’re fine unless you have over a pound without a legitimate purpose). Offenses are categorized as felonies or misdemeanors.

The criminal laws of New Mexico are expansive. FindLaw’s New Mexico Criminal Law section makes things a bit more manageable by explaining crime classifications, offense categories, self-defense, and more. We’ve also provided links to dozens of articles focusing on specific offenses. If you find yourself facing criminal charges, consider speaking with a New Mexico criminal defense attorney.

Classification of Crimes and Criminal Sentencing

Criminal offenses in New Mexico are classified as either felonies, misdemeanors, or petty misdemeanors. A simple way to differentiate between them is by their sentencing range:

• Felonies: Any prison time over one year

• Misdemeanors: Between six months and 12 months of jail time

• Petty Misdemeanors: Under six months of jail time

Things get a bit more complicated once aggravating factors, mitigating factors, and other variables affecting a sentence’s duration are thrown into the mix. The table below shows the parameters for each level of offense:

Statutes of limitations are paused for tolling while the defendant is out of the state of New Mexico or otherwise unavailable. Lesser offenses by first-time offenders are eligible for probation consideration.

Types of Offenses

Similar criminal offenses are grouped together under the New Mexico Criminal Code (New Mexico Statutes Chapter 30). For example, the Nuisance category contains littering, polluting water, and abandonment of dangerous containers. These are the categories:

• Article 1. General Provisions

• Article 2. Homicide

• Article 3. Assault and Battery

• Article 3A. Harassment and Stalking

• Article 4. Kidnapping

• Article 5A. Partial-Birth Abortion Ban

• Article 6. Crimes Against Children and Dependents

• Article 6A. Sexual Exploitation of Children

• Article 7. Weapons and Explosives

• Article 8. Nuisances

• Article 9. Sexual Offenses

• Article 9A. Animal Sexual Abuse Act

• Article 10. Marital and Familial Offenses

• Article 11. Crimes Against Reputation

• Article 12. Abuse of Privacy

• Article 13. Violation of Civil Rights

• Article 14. Trespass

• Article 15. Property Damage

• Article 16. Larceny

• Article 16B. Unauthorized Recording

• Article 16C. Unauthorized Theater Recording

• Article 16D. Unlawful Taking of A Vehicle or Motor Vehicle

• Article 17. Fire

• Article 18. Animals

• Article 19. Gambling

• Article 20. Crimes Against Public Peace

• Article 20A. Antiterrorism

• Article 20B. Demonstrations at Funerals and Memorial Services

• Article 21. Sabotage and Disloyalty

• Article 22. Interference with Law Enforcement

• Article 23. Misconduct by Officials

• Article 24. Bribery

• Article 25. Perjury and False Affirmations

• Article 26. Interference with Public Record

• Article 27. Malicious Prosecution, Etc.

• Article 28. Initiatory Crimes

• Article 29. Glues

• Article 30. Mercury

• Article 31. Controlled Substances

• Article 31A. Imitation Controlled Substances

• Article 31B. Drug Precursors

• Article 32. Forest Fires

• Article 33. Fraud and False Dealing

• Article 33A. Telecommunications Service Theft

• Article 35. Public Utilities

• Article 36. Worthless Checks

• Article 37. Sexually Oriented Material Harmful to Minor

• Article 37A. Unauthorized Distribution of Sensitive Images

• Article 38. Exhibiting Obscene Films Outdoors

• Article 39. False Reporting

• Article 40. Public Assistance

• Article 41. Kickback, Bribe, or Rebate

• Article 42. Racketeering

• Article 43. Loan Sharking

• Article 44. Medicaid Fraud

• Article 45. Computer Crimes

• Article 46. Ticket Scalping

• Article 47. Resident Abuse and Neglect

• Article 50. Fraudulent Telemarketing

• Article 51. Money Laundering

• Article 52. Human Trafficking

• Article 53. Disruption of Communication and Utility Services

Criminal acts not under the Criminal Code have sentences set by the statute. For example, conviction penalties for DUI/DWI offenses start at 90 days imprisonment, a fine of up to $500, and possible suspension of a driver’s license. The sentencing authority passes to the state supreme court or another proper venue if it’s not defined.

As per court rules and the state constitution, defendants facing criminal charges in the district court have the right to a public defender. They also have the option to hire their own criminal defense lawyer.

Self-Defense, Gun Control, and Stand-Your-Ground Laws

New Mexico has no stand-your-ground law in the statutes, but knowing when self-defense is justified can be confusing. Lethal force is permitted under New Mexico law when defending against any unlawful action, such as the threat of personal injury against a person or their family, which leaves itself open to interpretation.

Given state supreme court opinions and the jury instructions for trials where a defendant claims self-defense, New Mexico leans toward not requiring a duty to retreat if a person is defending themselves, others, or their home. Each case depends on the details.

New Mexico has extremely lax gun control laws. There are no universal background checks, extreme risk protection orders (ERPO), or required permits for concealed carry.

Facing Criminal Charges in New Mexico? An Attorney Can Help

Understanding the state laws and the criminal procedure of the courts in New Mexico is challenging. Whether you’re facing criminal charges or need help doing legal research, consider speaking with a New Mexico criminal defense attorney.