General Provisions

NMSA 1978 ch. 30, art. 1

in effect

NMSA 1978, § 30-1-1 Name and effective date of code

30-1-1. Name and effective date of code This act is called and may be cited as the "Criminal Code". It shall become effective on July 1, 1963. 1953 Comp., § 40A-1-1, enacted by Laws 1963, ch. 303, § 1-1.

NMSA 1978, § 30-1-2 Application of code

30-1-2. Application of code The Criminal Code has no application to crimes committed prior to its effective date. A crime is committed prior to the effective date of the Criminal Code if any of the essential elements of the crime occurred before that date. Prosecutions for prior crimes shall be governed, prosecuted and punished under the laws existing at the time such crimes were committed. 1953 Comp., § 40A-1-2, enacted by Laws 1963, ch. 303, § 1-2.

NMSA 1978, § 30-1-3 Construction of Criminal Code

30-1-3. Construction of Criminal Code In criminal cases where no provision of this code is applicable, the common law, as recognized by the United States and the several states of the Union, shall govern. 1953 Comp., § 40A-1-3, enacted by Laws 1963, ch. 303, § 1-3.

NMSA 1978, § 30-1-4 Crime defined

30-1-4. Crime defined A crime is an act or omission forbidden by law and for which, upon conviction, a sentence of either death, imprisonment or a fine is authorized. 1953 Comp., § 40A-1-4, enacted by Laws 1963, ch. 303, § 1-4.

NMSA 1978, § 30-1-5 Classification of crimes

30-1-5. Classification of crimes Crimes are classified as felonies, misdemeanors and petty misdemeanors. 1953 Comp., § 40A-1-5, enacted by Laws 1963, ch. 303, § 1-5.

NMSA 1978, § 30-1-6 Classified crimes defined

30-1-6. Classified crimes defined A. A crime is a felony if it is so designated by law or if upon conviction thereof a sentence of death or of imprisonment for a term of one year or more is authorized. B. A crime is a misdemeanor if it is so designated by law or if upon conviction thereof a sentence of imprisonment in excess of six months but less than one year is authorized. C. A crime is a petty misdemeanor if it is so designated by law or if upon conviction thereof a sentence of imprisonment for six months or less is authorized. 1953 Comp., § 40A-1-6, enacted by Laws 1963, ch. 303, § 1-6.

NMSA 1978, § 30-1-7 Degrees of felonies

30-1-7. Degrees of felonies Felonies under the Criminal Code are classified as follows: A. capital felonies; B. first degree felonies; C. second degree felonies; D. third degree felonies; and E. fourth degree felonies. A felony is a capital, first, second, third or fourth degree felony when it is so designated under the Criminal Code. A crime declared to be a felony, without specification of degree, is a felony of the fourth degree. 1953 Comp., § 40A-1-7, enacted by Laws 1963, ch. 303, § 1-7.

NMSA 1978, § 30-1-8 Time limitations for commencing prosecution

30-1-8. Time limitations for commencing prosecution A person shall not be prosecuted, tried or punished in any court of this state unless the indictment is found or information or complaint is filed within the time as provided: A. except as provided in Subsection H of this section: (1) for a second degree felony, within six years from the time the crime was committed; and (2) for a third or fourth degree felony, within five years from the time the crime was committed; B. for a misdemeanor, within two years from the time the crime was committed; C. for a petty misdemeanor, within one year from the time the crime was committed; D. for any crime against or violation of Section 51-1-38 NMSA 1978, within three years from the time the crime was committed; E. for a felony pursuant to Section 7-1-71.3, 7-1-72 or 7-1-73 NMSA 1978, within five years from the time the crime was committed; provided that for a series of crimes involving multiple filing periods within one calendar year, the limitation shall begin to run on December 31 of the year in which the crimes occurred; F. for an identity theft crime pursuant to Section 30-16-24.1 NMSA 1978, within five years from the time the crime was discovered; G. for any crime not contained in the Criminal Code [Chapter 30 NMSA 1978] or where a limitation is not otherwise provided for, within three years from the time the crime was committed; and H. no limitation period shall exist and prosecution for the following crimes may commence at any time after the occurrence of: (1) a capital felony, as provided in Section 31-18-14 NMSA 1978; (2) a first degree violent felony; (3) second degree murder, as provided in Subsection B of Section 30-2-1 NMSA 1978; (4) second degree criminal sexual contact of a minor, as provided in Section 30-9-13 NMSA 1978; or (5) second degree criminal sexual penetration, as provided in Section 30-9-11 NMSA 1978. 1953 Comp., § 40A-1-8, enacted by Laws 1963, ch. 303, § 1-8; 1979, ch. 5, § 1; 1980, ch. 50, § 1; 1997, ch. 157, § 1; 2005, ch. 108, § 7; 2009, ch. 95, § 2; 2022, ch. 56, § 23; 2026, ch. 21, § 1.

NMSA 1978, § 30-1-9 Tolling of time limitation for prosecution for crimes

30-1-9. Tolling of time limitation for prosecution for crimes A. If after any crime has been committed the defendant shall conceal himself, or shall flee from or go out of the state, the prosecution for such crime may be commenced within the time prescribed in Section 1-8 [30-1-8 NMSA 1978], after the defendant ceases to conceal himself or returns to the state. No period shall be included in the time of limitation when the party charged with any crime is not usually and publicly a resident within the state. B. When (1) an indictment, information or complaint is lost, mislaid or destroyed; (2) the judgment is arrested; (3) the indictment, information or complaint is quashed, for any defect or reason; or (4) the prosecution is dismissed because of variance between the allegations of the indictment, information or complaint and the evidence; and a new indictment, information or complaint is thereafter presented, the time elapsing between the preferring of the first indictment, information or complaint and the subsequent indictment, information or complaint shall not be included in computing the period limited for the prosecution of the crime last charged; provided that the crime last charged is based upon and grows out of the same transaction upon which the original indictment, information or complaint was founded, and the subsequent indictment, information or complaint is brought within five years from the date of the alleged commission of the original crime. 1953 Comp., § 40A-1-9, enacted by Laws 1963, ch. 303, § 1-9.

NMSA 1978, § 30-1-9.1 Offenses against children; alleged violations for the abandonment or abuse of a child; tolling of statute of limitations

30-1-9.1. Offenses against children; alleged violations for the abandonment or abuse of a child; tolling of statute of limitations The applicable time period for commencing prosecution pursuant to Section 30-1-8 NMSA 1978 shall not commence to run for an alleged violation of abandonment or abuse of a child, as provided in Section 30-6-1 NMSA 1978, a third or fourth degree felony as provided in Section 30-9-11 NMSA 1978 or a third or fourth degree felony as provided in Section 30-9-13 NMSA 1978 until the victim attains the age of eighteen or the violation is reported to a law enforcement agency, whichever occurs first. Laws 1987, ch. 117, § 1; 2026, ch. 21, § 2.

NMSA 1978, § 30-1-9.2 Criminal sexual penetration; tolling of statute of limitations

30-1-9.2. Criminal sexual penetration; tolling of statute of limitations A. When DNA evidence is available and a suspect has not been identified, the applicable time period for commencing a prosecution pursuant to Section 30-1-8 NMSA 1978 shall not commence to run for an alleged violation of a third or fourth degree felony pursuant to Section 30-9-11 NMSA 1978 until a DNA profile is matched with a suspect. B. As used in this section, "DNA" means deoxyribonucleic acid. Laws 2003, ch. 257, § 1; 2026, ch. 21, § 3.

NMSA 1978, § 30-1-10 Double jeopardy

30-1-10. Double jeopardy No person shall be twice put in jeopardy for the same crime. The defense of double jeopardy may not be waived and may be raised by the accused at any stage of a criminal prosecution, either before or after judgment. When the indictment, information or complaint charges different crimes or different degrees of the same crime and a new trial is granted the accused, he may not again be tried for a crime or degree of the crime greater than the one of which he was originally convicted. 1953 Comp., § 40A-1-10, enacted by Laws 1963, ch. 303, § 1-10.

NMSA 1978, § 30-1-11 Criminal sentence permitted only upon conviction

30-1-11. Criminal sentence permitted only upon conviction No person indicted or charged by information or complaint of any crime shall be sentenced therefor, unless he has been legally convicted of the crime in a court having competent jurisdiction of the cause and of the person. No person shall be convicted of a crime unless found guilty by the verdict of the jury, accepted and recorded by the court; or upon the defendant's confession of guilt or a plea of nolo contendere, accepted and recorded in open court; or after trial to the court without jury and the finding by the court that such defendant is guilty of the crime for which he is charged. 1953 Comp., § 40A-1-11, enacted by Laws 1963, ch. 303, § 1-11.

NMSA 1978, § 30-1-12 Definitions

30-1-12. Definitions As used in the Criminal Code: A. "great bodily harm" means an injury to the person which creates a high probability of death; or which causes serious disfigurement; or which results in permanent or protracted loss or impairment of the function of any member or organ of the body; B. "deadly weapon" means any firearm, whether loaded or unloaded; or any weapon which is capable of producing death or great bodily harm, including but not restricted to any types of daggers, brass knuckles, switchblade knives, bowie knives, poniards, butcher knives, dirk knives and all such weapons with which dangerous cuts can be given, or with which dangerous thrusts can be inflicted, including swordcanes, and any kind of sharp pointed canes, also slingshots, slung shots, bludgeons; or any other weapons with which dangerous wounds can be inflicted; C. "peace officer" means any public official or public officer vested by law with a duty to maintain public order or to make arrests for crime, whether that duty extends to all crimes or is limited to specific crimes; D. "another" or "other" means any other human being or legal entity, whether incorporated or unincorporated, including the United States, the state of New Mexico or any subdivision thereof; E. "person" means any human being or legal entity, whether incorporated or unincorporated, including the United States, the state of New Mexico or any subdivision thereof; F. "anything of value" means any conceivable thing of the slightest value, tangible or intangible, movable or immovable, corporeal or incorporeal, public or private. The term is not necessarily synonymous with the traditional legal term "property"; G. "official proceeding" means a proceeding heard before any legislative, judicial, administrative or other governmental agency or official authorized to hear evidence under oath, including any referee, hearing examiner, commissioner, notary or other person taking testimony or depositions in any proceeding; H. "lawful custody or confinement" means the holding of any person pursuant to lawful authority, including, without limitation, actual or conseructive [constructive] custody of prisoners temporarily outside a penal institution, reformatory, jail, prison farm or ranch; I. "public officer" means any elected or appointed officer of the state or any of its political subdivisions, and whether or not he receives remuneration for his services; and J. "public employee" means any person receiving remuneration for regular services rendered to the state or any of its political subdivisions. 1953 Comp., § 40A-1-13, enacted by Laws 1963, ch. 303, § 1-13.

NMSA 1978, § 30-1-13 Accessory

30-1-13. Accessory A person may be charged with and convicted of the crime as an accessory if he procures, counsels, aids or abets in its commission and although he did not directly commit the crime and although the principal who directly committed such crime has not been prosecuted or convicted, or has been convicted of a different crime or degree of crime, or has been acquitted, or is a child under the Children's Code [Chapter 32A NMSA 1978]. 1953 Comp., § 40A-1-14, enacted by Laws 1963, ch. 303, § 1-14; 1972, ch. 97, § 66.

NMSA 1978, § 30-1-14 Venue

30-1-14. Venue All trials of crime shall be had in the county in which they were committed. In the event elements of the crime were committed in different counties, the trial may be had in any county in which a material element of the crime was committed. In the event death results from the crime, trial may be had in the county in which any material element of the crime was committed, or in any county in which the death occurred. In the event that death occurs in this state as a result of criminal action in another state, trial may be had in the county in which the death occurred. In the event that death occurs in another state as a result of criminal action in this state, trial may be had in the county in which any material element of the crime was committed in this state. 1953 Comp., § 40A-1-15, enacted by Laws 1963, ch. 303, § 1-15.

NMSA 1978, § 30-1-15 Alleged victims of domestic abuse, stalking or sexual assault; forbearance of costs

30-1-15. Alleged victims of domestic abuse, stalking or sexual assault; forbearance of costs A. An alleged victim of an offense specified in Subsection B of this section is not required to bear the cost of: (1) the prosecution of a misdemeanor or felony domestic violence offense, including costs associated with filing a criminal charge against an alleged perpetrator of the offense; (2) the filing, issuance or service of a warrant; (3) the filing, issuance or service of a witness subpoena; or (4) the filing, issuance, registration or service of a protection order. B. The provisions of Subsection A of this section apply to: (1) alleged victims of domestic abuse as defined in Section 40-13-2 NMSA 1978; (2) sexual offenses described in Sections 30-9-11 through 30-9-14 and 30-9-14.3 NMSA 1978; (3) crimes against household members described in Sections 30-3-12 through 30-3-16 NMSA 1978; (4) harassment, stalking and aggravated stalking described in Sections 30-3A-2 through 30-3A-3.1 NMSA 1978; and (5) the violation of an order of protection that is issued pursuant to the Family Violence Protection Act [Chapter 40, Article 13 NMSA 1978] or entitled to full faith and credit. Laws 2002, ch. 34, § 1; 2002, ch. 35, § 1; 2008, ch. 40, § 1.

NMSA 1978, § 30-1-16 Defense based on victim's gender, gender identity, gender expression or sexual orientation prohibited

30-1-16. Defense based on victim's gender, gender identity, gender expression or sexual orientation prohibited A. It shall not be a defense, justification or excuse in a criminal proceeding that the defendant's conduct was a reaction to the discovery of, knowledge about or potential disclosure of a victim's or witness's actual or perceived: (1) gender; (2) gender expression; (3) gender identity; or (4) sexual orientation. B. It shall not be a defense, justification or excuse in a criminal proceeding that the defendant was romantically propositioned in a nonviolent or non-threatening manner by a person of the same gender or a person who is transgender. C. Nothing in this section shall prevent a defendant from raising other recognized affirmative defense. D. As used in this section: (1) "gender expression" means the external appearance of a person's gender identity, often expressed through the person's behavior, physical appearance or voice, which expression may or may not conform to socially defined behaviors and characteristics typically associated with masculinity or femininity; (2) "gender identity" means a person's self-perception, or perception of that person by another, of the person's identity as a male or female based upon the person's appearance, behavior or physical characteristics that are in accord with or opposed to the person's physical anatomy, chromosomal sex or sex at birth; and (3) "sexual orientation" means heterosexuality, homosexuality or bisexuality, whether actual or perceived. Laws 2022, ch. 56, § 52.

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