Homicide

NMSA 1978 ch. 30, art. 2

in effect

NMSA 1978, § 30-2-1 Murder

30-2-1. Murder A. Murder in the first degree is the killing of one human being by another without lawful justification or excuse, by any of the means with which death may be caused: (1) by any kind of willful, deliberate and premeditated killing; (2) in the commission of or attempt to commit any felony; or (3) by any act greatly dangerous to the lives of others, indicating a depraved mind regardless of human life. Whoever commits murder in the first degree is guilty of a capital felony. B. Unless he is acting upon sufficient provocation, upon a sudden quarrel or in the heat of passion, a person who kills another human being without lawful justification or excuse commits murder in the second degree if in performing the acts which cause the death he knows that such acts create a strong probability of death or great bodily harm to that individual or another. Murder in the second degree is a lesser included offense of the crime of murder in the first degree. Whoever commits murder in the second degree is guilty of a second degree felony resulting in the death of a human being. 1953 Comp., § 40A-2-1, enacted by Laws 1963, ch. 303, § 2-1; 1980, ch. 21, § 1; 1994, ch. 23, § 1.

NMSA 1978, § 30-2-3 Manslaughter

30-2-3. Manslaughter Manslaughter is the unlawful killing of a human being without malice. A. Voluntary manslaughter consists of manslaughter committed upon a sudden quarrel or in the heat of passion. Whoever commits voluntary manslaughter is guilty of a third degree felony resulting in the death of a human being. B. Involuntary manslaughter consists of manslaughter committed in the commission of an unlawful act not amounting to felony, or in the commission of a lawful act which might produce death in an unlawful manner or without due caution and circumspection. Whoever commits involuntary manslaughter is guilty of a fourth degree felony. 1953 Comp., § 40A-2-3, enacted by Laws 1963, ch. 303, § 2-3; 1994, ch. 23, § 2.

NMSA 1978, § 30-2-4 Assisting suicide

30-2-4. Assisting suicide A. Assisting suicide consists of deliberately aiding another in the taking of the person's own life, unless the person aiding another in the taking of the person's own life is a person acting in accordance with the provisions of the End-of-Life Options Act [Chapter 24, Article 7C NMSA 1978]. B. A person who commits assisting suicide is guilty of a fourth degree felony. 1953 Comp., § 40A-2-5, enacted by Laws 1963, ch. 303, § 2-5; 2021, ch. 132, § 10.

NMSA 1978, § 30-2-5 Excusable homicide

30-2-5. Excusable homicide Homicide is excusable in the following cases: A. when committed by accident or misfortune in doing any lawful act, by lawful means, with usual and ordinary caution and without any unlawful intent; or B. when committed by accident or misfortune in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat, if no undue advantage is taken, nor any dangerous weapon used and the killing is not done in a cruel or unusual manner. 1953 Comp., § 40A-2-6, enacted by Laws 1963, ch. 303, § 2-6.

NMSA 1978, § 30-2-6 Justifiable homicide by public officer or public employee

30-2-6. Justifiable homicide by public officer or public employee A. Homicide is justifiable when committed by a public officer or public employee or those acting by their command and in their aid and assistance: (1) in obedience to any judgment of a competent court; (2) when necessarily committed in overcoming actual resistance to the execution of some legal process or to the discharge of any other legal duty; (3) when necessarily committed in retaking felons who have been rescued or who have escaped or when necessarily committed in arresting felons fleeing from justice; or (4) when necessarily committed in order to prevent the escape of a felon from any place of lawful custody or confinement. B. For the purposes of this section, homicide is necessarily committed when a public officer or public employee has probable cause to believe he or another is threatened with serious harm or deadly force while performing those lawful duties described in this section. Whenever feasible, a public officer or employee should give warning prior to using deadly force. 1953 Comp., § 40A-2-7, enacted by Laws 1963, ch. 303, § 2-7; 1989, ch. 222, § 1.

NMSA 1978, § 30-2-7 Justifiable homicide by citizen

30-2-7. Justifiable homicide by citizen Homicide is justifiable when committed by any person in any of the following cases: A. when committed in the necessary defense of his life, his family or his property, or in necessarily defending against any unlawful action directed against himself, his wife or family; B. when committed in the lawful defense of himself or of another and when there is a reasonable ground to believe a design exists to commit a felony or to do some great personal injury against such person or another, and there is imminent danger that the design will be accomplished; or C. when necessarily committed in attempting, by lawful ways and means, to apprehend any person for any felony committed in his presence, or in lawfully suppressing any riot, or in necessarily and lawfully keeping and preserving the peace. 1953 Comp., § 40A-2-8, enacted by Laws 1963, ch. 303, § 2-8.

NMSA 1978, § 30-2-8 When homicide is excusable or justifiable defendant to be acquitted

30-2-8. When homicide is excusable or justifiable defendant to be acquitted Whenever any person is prosecuted for a homicide, and upon his trial the killing shall be found to have been excusable or justifiable, the jury shall find such person not guilty and he shall be discharged. 1953 Comp., § 40A-2-9, enacted by Laws 1963, ch. 303, § 2-9.

NMSA 1978, § 30-2-9 Murderer may not profit from wrongdoing; public policy

30-2-9. Murderer may not profit from wrongdoing; public policy A. The acquiring, profiting or anticipating of benefits by reason of the commission of murder where the person committing such crime is convicted of either a capital, first or second degree felony, is against the public policy of this state and is prohibited. B. In all cases involving devises or bequests, or heirships under the laws of descent and distribution, or cotenancies, or future interests, or community estates, or contracts, whether of real, personal or mixed properties, where a person, who, by committing murder and where such person is convicted of either a capital, first or second degree felony, and might receive some benefit therefrom either directly or indirectly, the common-law maxim to the effect that one cannot take advantage of his own wrong, shall control and be applied to the interpretation, construction and application of all statutes or decisions of this state in order to deprive and prevent him from profiting from such wrongful acts. 1953 Comp., § 40A-2-10, enacted by Laws 1963, ch. 303, § 2-10.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18530/index.doFetched: 10/20/2026