New Mexico Criminal Charges
Reference definitions, classifications, and possible punishments for 187 statutes commonly filed in Doña Ana County.
Drug
13 StatutesDistribution Imitation Controlled Substance
Fourth Degree Felony§ 30-31-23 NMSAA person commits distribution of an imitation controlled substance when they knowingly distribute, or possess with intent to distribute, a substance that is not a controlled substance but is represented to be, or intended to resemble, a controlled substance in appearance, packaging, or effect. The offense requires an intent to deceive the recipient into believing the substance is a genuine controlled substance. This statute targets the sale or distribution of fake drugs.
Distribution Other I, Ii, Iii, Iv Controlled Substances
Second Degree Felony; Third Degree Felony (Schedule IV)§ 30-31-20 NMSAA person commits distribution of a controlled substance when they manufacture, distribute, or possess with intent to distribute a controlled substance listed in Schedules I, II, III, or IV of the Controlled Substances Act. Distribution includes the actual, constructive, or attempted transfer of a controlled substance, whether or not an exchange of value occurs. The offense encompasses a range of controlled substances beyond those specifically enumerated in separate statutes, including synthetic drugs, certain prescription medications, and other regulated substances.
Possession Methamphetamine W/Intent To Distribute
Second Degree Felony§ 30-31-22 NMSAA person commits possession of methamphetamine with intent to distribute when they knowingly possess methamphetamine with the intent to distribute or sell it to another person. Intent to distribute may be inferred from the quantity of the drug, packaging materials, scales, large amounts of cash, or other indicia of distribution rather than personal use. Methamphetamine is a Schedule II controlled substance under New Mexico law.
Possession Of Cocaine
Fourth Degree Felony§ 30-31-23(D) NMSAA person commits possession of cocaine by knowingly or intentionally possessing any amount of cocaine, a Schedule II controlled substance under New Mexico law. The offense does not require proof of intent to distribute; mere possession is sufficient. Cocaine includes the base form and its salts, optical isomers, and salts of isomers.
Possession Of Cocaine W/Intent To Traffic
Second Degree Felony§ 30-31-20 NMSAA person commits this offense when they knowingly possess cocaine with the intent to distribute or deliver it to another person. The statute prohibits possession of a controlled substance (cocaine, a Schedule II narcotic) with the specific intent to traffic, sell, or otherwise transfer it. Intent may be inferred from the quantity possessed, packaging, presence of scales or other distribution paraphernalia, or other circumstantial evidence. This is distinct from simple possession for personal use.
Possession Of Controlled Substance
Fourth Degree Felony§ 30-31-23 NMSAA person commits possession of a controlled substance when they knowingly or intentionally possess a controlled substance, except as authorized by the Controlled Substances Act. The offense applies to substances listed in Schedules I through V of the Act, which include narcotics, stimulants, depressants, hallucinogens, and certain prescription medications. Possession may be actual (on the person) or constructive (control over the location where the substance is found).
Possession Of Marijuana > 8oz
Fourth Degree Felony§ 30-31-23 NMSAA person commits possession of marijuana over eight ounces when they knowingly possess more than eight ounces of marijuana. New Mexico law distinguishes possession quantities: amounts over eight ounces are treated more seriously than smaller amounts. Possession of any amount of marijuana without lawful authorization remains unlawful under state statute, though enforcement priorities and penalties vary by quantity.
Possession Of Methamphetamine
Fourth Degree Felony§ 30-31-23(D) NMSAA person commits possession of methamphetamine when they knowingly possess any amount of methamphetamine, a Schedule II controlled substance. Methamphetamine includes its salts, isomers, and salts of isomers. Possession may be actual (on one's person) or constructive (exercising dominion and control over the substance or the premises where it is found).
Possession Of Other I, Ii, Iii, Iv Controlled Substances
Fourth Degree Felony§ 30-31-23 NMSAA person commits possession of a controlled substance when they knowingly and intentionally possess a controlled substance classified in Schedules I, II, III, IV, or V under the New Mexico Controlled Substances Act, without a valid prescription or lawful authorization. The offense encompasses a wide range of substances, from Schedule I drugs (such as heroin, LSD, and MDMA) to Schedule IV drugs (such as certain benzodiazepines and prescription stimulants). Possession may be actual (on one's person) or constructive (exercising dominion and control over the substance).
Possession Other I, Ii, Iii, Iv W/Intent To Distribute
Second Degree Felony§ 30-31-20 NMSAA person commits this offense when they knowingly possess a controlled substance classified in Schedules I, II, III, or IV with the intent to distribute it to another person. Intent to distribute may be inferred from the quantity of the substance, packaging materials, scales, cash, or other indicia of drug trafficking. The statute criminalizes possession for purposes of sale or transfer, not mere personal use.
Possession Other Narcotic W/Intent To Traffic
Second Degree Felony§ 30-31-20 NMSAA person commits this offense when they knowingly possess a narcotic drug (other than those specifically enumerated elsewhere in the Controlled Substances Act) with the intent to distribute or deliver it to another person. The state must prove both actual or constructive possession of the narcotic and the specific intent to traffic, which may be inferred from quantity, packaging, paraphernalia, or other circumstantial evidence. Narcotics include opiates, opium derivatives, and synthetic opioids classified in Schedules I or II.
Possession Paraphernalia
Misdemeanor§ 30-31-25.1 NMSAA person commits possession of drug paraphernalia when they knowingly possess equipment, products, or materials that are used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing a controlled substance into the human body. The statute lists specific items such as pipes, syringes, scales, and other implements commonly associated with drug use or distribution.
Trafficking In Other Narcotics
First Degree Felony; Second Degree Felony (depending on substance and quantity)§ 30-31-20 NMSAA person commits trafficking in controlled substances when they knowingly manufacture, distribute, or possess with intent to distribute a controlled substance in an amount that meets or exceeds an aggregate weight specified by statute. The offense applies to narcotics and controlled substances other than cocaine, heroin, methamphetamine, marijuana, or certain specified drugs covered by separate trafficking statutes. Trafficking is distinguished from simple possession or distribution by the threshold quantity, which indicates an intent to engage in large-scale drug commerce.
DWI
4 StatutesAggravated D.w.i.
Misdemeanor (1st–3rd offense); Fourth Degree Felony (4th and subsequent offense)§ 66-8-102 NMSAA person commits aggravated driving while intoxicated when they drive a vehicle while intoxicated (blood alcohol concentration of 0.08 or more, or while under the influence of drugs or a combination of alcohol and drugs) and one or more aggravating factors are present. Aggravating factors include: causing bodily injury to another person, having a blood alcohol concentration of 0.16 or more, refusing to submit to a chemical test, driving with a suspended or revoked license, or having a child under 16 in the vehicle. This offense is a more serious form of standard DWI due to the presence of these heightened risk factors.
Aggravated Driving While Intoxicated
Misdemeanor (1st–3rd offense); 4th-degree Felony (4th+)§ 66-8-102 NMSAA person commits aggravated driving while under the influence of intoxicating liquor or drugs if, while driving a vehicle within New Mexico, the person has a blood- or breath-alcohol concentration of sixteen one-hundredths (.16) or more, causes bodily injury to another while driving under the influence, or refuses to submit to chemical testing after being arrested for DWI.
D.w.i. Liquor Or Drugs
Misdemeanor (1st–3rd offense); Fourth Degree Felony (4th and subsequent offenses)§ 66-8-102 NMSAA person commits driving while under the influence of intoxicating liquor or drugs (DWI) if they operate a motor vehicle while under the influence of intoxicating liquor, a controlled substance, or any drug to a degree that renders them incapable of safely operating the vehicle, or with a blood alcohol concentration of 0.08 or more. The offense also includes driving while under the combined influence of intoxicating liquor and any drug or drugs.
Driving Under The Influence
Misdemeanor (1st–3rd offense); Fourth Degree Felony (4th and subsequent offenses)§ 66-8-102 NMSAA person commits driving while under the influence of intoxicating liquor or drugs (DWI) if they operate a motor vehicle while under the influence of intoxicating liquor, a controlled substance, or any drug that renders them incapable of safely driving. The offense includes driving with a blood alcohol concentration of 0.08 or more, or with certain levels of controlled substances in the blood. It is unlawful to drive while impaired to the slightest degree by alcohol or drugs.
Other
16 StatutesAbandonment Of A Child
Fourth Degree Felony§ 30-6-1 NMSAA person commits abandonment of a child when they, being a parent, guardian, or custodian of a child under the age of fifteen years, willfully abandons the child in any place under circumstances exposing the child to unnecessary suffering or danger to their health or life. The statute requires proof of willful intent to abandon and that the abandonment created a risk of harm to the child.
All Other Offenses
Varies§ 30-1-12 NMSAThis code is a placeholder used by law enforcement to categorize offenses that do not fit into standard reporting categories or that involve violations of statutes, ordinances, or regulations not otherwise classified. It may include municipal code violations, county ordinances, or less common statutory offenses. The underlying conduct and applicable law vary widely depending on the specific charge.
Assisting Other Agency
Administrative Hold§ 29-1-1 NMSAThis code indicates that a person is being held in custody to assist another law enforcement agency with an investigation, warrant service, or pending charges in another jurisdiction. It is not itself a criminal offense under New Mexico law, but rather an administrative hold or detainer placed at the request of an outside agency. The person may be awaiting extradition, interview, or transfer to the requesting jurisdiction.
Conspiracy To Commit 1st Degree Felony
Second Degree Felony§ 30-28-2 NMSAA person commits conspiracy when they agree with one or more persons to commit a felony and one of them performs an overt act in furtherance of the agreement. When the target offense is a first degree felony, the conspiracy itself is treated as one degree lower. Conspiracy is a separate offense from the completed crime and may be charged even if the underlying felony is attempted or accomplished.
Conspiracy To Commit 2nd Degree Felony
Third Degree Felony§ 30-28-2 NMSAA person commits conspiracy when they agree with one or more persons to commit a felony and one of them performs an overt act in furtherance of the agreement. Conspiracy to commit a second degree felony involves an agreement to commit an offense classified as a second degree felony under New Mexico law. The conspiracy is complete upon the agreement and overt act, even if the target offense is never completed.
Conspiracy To Commit 3rd Degree Felony
Fourth Degree Felony§ 30-28-2 NMSAA person commits conspiracy when they agree with one or more persons to commit a felony and one of them performs an overt act in furtherance of the agreement. When the target offense is a third degree felony, the conspiracy itself is treated as one degree lower. Mere knowledge or approval of the criminal objective is insufficient; there must be an intentional agreement to commit the crime.
Conspiracy To Commit 4th Degree Felony
Fourth Degree Felony§ 30-28-2 NMSAA person commits conspiracy when they agree with one or more persons to commit a felony and one of them performs an overt act in furtherance of the agreement. Conspiracy to commit a fourth degree felony is a specific charge when the target offense is a fourth degree felony under New Mexico law. The conspiracy itself is punishable even if the underlying felony is never completed.
Contributing To Delinquency Of A Minor
Misdemeanor§ 30-6-3 NMSAA person commits contributing to the delinquency of a minor by any act of commission or omission that causes or tends to cause or encourage a person under 18 years of age to become a delinquent child or to become or remain a neglected or dependent child. The offense includes acts such as providing alcohol or drugs to a minor, encouraging truancy, or otherwise facilitating conduct that would bring the minor within the jurisdiction of the children's court. The statute is broadly written to encompass a wide range of conduct that undermines a minor's welfare or lawful upbringing.
Court Commitment
Administrative Hold§ 31-20-3 NMSAA court commitment is a judicial order directing the confinement of an individual to a correctional facility, jail, or other custodial institution following a criminal conviction, sentencing, or other lawful court proceeding. This code typically denotes that a person is being held pursuant to a direct order of the court, which may include serving a sentence, awaiting transfer to a state facility, or being held for violating conditions of probation or parole.
Cruelty To Animals
Misdemeanor; Fourth Degree Felony if extreme cruelty§ 30-18-1 NMSAA person commits cruelty to animals by negligently mistreating, injuring, killing without lawful justification, tormenting, or depriving any animal of necessary sustenance to the extent that the animal's health is jeopardized. The statute also prohibits cruelly beating, overworking, or abandoning an animal, or subjecting it to needless suffering. New Mexico law defines "animal" broadly to include vertebrate creatures except humans.
Failure To Pay Fines
Penalty Assessment Misdemeanor§ 66-8-116 NMSAA person commits Failure To Pay Fines when they fail to pay court-ordered fines or penalty assessments arising from motor vehicle or traffic violations as required under § 66-8-116 NMSA. This offense is classified as a Penalty Assessment Misdemeanor, which is resolved by paying the scheduled penalty assessment; upon conviction in lieu of assessment, the fine may not exceed the scheduled amount and any probation may not exceed 90 days.
Fugitive From Justice
Procedural Hold (not a criminal charge)§ 31-4-6 NMSAA person is a fugitive from justice when they have been charged with or convicted of a crime in another jurisdiction and are found in New Mexico while fleeing from or avoiding prosecution or confinement. The Uniform Criminal Extradition Act authorizes the arrest and detention of fugitives to facilitate their return to the demanding state. This is not an independent substantive offense but a procedural status allowing extradition proceedings.
Parole Violation
Administrative Violation (not a separate criminal charge)§ 31-21-15 NMSAA person commits a parole violation when, having been released from imprisonment on parole, they fail to comply with the conditions of parole imposed by the Parole Board or engage in conduct that violates the terms of their supervised release. Violations may include committing a new criminal offense, failing to report to a parole officer, absconding from supervision, or breaching other mandatory conditions such as substance-abuse treatment or residence requirements. The Parole Board may revoke parole and return the individual to custody to serve all or part of the remaining sentence.
Probation Violation
N/A (Violation of Court Order)§ 31-20-6 NMSAA probation violation occurs when a person who has been placed on supervised probation by a court fails to comply with the conditions of that probation. Conditions may include reporting to a probation officer, abstaining from alcohol or drugs, completing community service, paying restitution, or refraining from further criminal conduct. The court may revoke probation and impose the original suspended sentence or modify the terms of probation.
Tampering With Evidence
Fourth Degree Felony§ 30-22-5 NMSAA person commits tampering with evidence when, believing that an official proceeding or investigation is pending or about to be instituted, they alter, destroy, conceal, or remove any record, document, or thing with the purpose of impairing its verity or availability in such proceeding or investigation. The statute applies to physical evidence, documents, or other items that may be used in a criminal or civil proceeding. The offense requires both knowledge of a pending or imminent proceeding and the specific intent to impair the evidence's use.
Warrant (Outside Lc/Within Nm)
Administrative Hold§ 31-3-10 NMSAA warrant issued by a court or magistrate in another New Mexico jurisdiction (outside the arresting county but within the state) for a person's arrest. The warrant commands any peace officer to take the person into custody and bring them before the issuing court to answer for an alleged offense or court order violation. This is an administrative hold based on another jurisdiction's active warrant, not a separate substantive criminal charge.
Property
44 Statutes(Attempted) Auto Burglary
Fourth Degree Felony§ 30-16-3 NMSAA person commits auto burglary by unlawfully entering any vehicle with the intent to commit any felony or theft therein. The offense is complete upon the unauthorized entry coupled with the requisite criminal intent, regardless of whether the intended crime is actually carried out. An attempt occurs when a person takes a substantial step toward committing auto burglary but does not complete the entry or is otherwise prevented from doing so.
(Attempted) Auto Theft
Fourth Degree Felony§ 30-16-1 NMSAA person commits larceny of a motor vehicle when they willfully take, operate, or exercise control over another person's motor vehicle with the intent to permanently or temporarily deprive the owner of possession. The offense includes stealing a vehicle outright or taking it without permission (often called 'joyriding'). The '(Attempted)' designation indicates the person took a substantial step toward committing the theft but did not complete it.
(Attempted) Non-Residential Burglary
Fourth Degree Felony (completed non-residential burglary); attempt is one degree lower, typically a Misdemeanor§ 30-16-3 NMSAA person commits non-residential burglary by unlawfully entering or remaining in any vehicle, watercraft, aircraft, or other structure (other than a dwelling) with the intent to commit any felony or theft therein. The structure must not be used for human habitation. An attempt occurs when a person takes a substantial step toward committing the burglary but does not complete the offense.
Aggravated Non-Residential Burglary
Second Degree Felony§ 30-16-3 NMSAA person commits aggravated burglary when they unlawfully enter any vehicle, watercraft, aircraft, or other structure (other than a dwelling) with the intent to commit any felony or theft therein, and while doing so they are armed with a deadly weapon or, after entering, arm themselves with a deadly weapon or inflict or attempt to inflict great bodily harm on anyone. The presence of a deadly weapon or the infliction of great bodily harm elevates the offense from simple burglary to aggravated burglary.
Aggravated Residential Burglary
Second Degree Felony§ 30-16-4 NMSAA person commits aggravated burglary when they unlawfully enter a dwelling or occupied structure with intent to commit a felony or theft therein, and while inside or fleeing the scene, they are armed with a deadly weapon or inflict or attempt to inflict great bodily harm on anyone. The aggravating factor is the presence of a weapon or the infliction or attempt to inflict serious injury during the burglary.
Arson
Fourth Degree Felony; Third Degree Felony if the property is an occupied structure; Second Degree Felony if the arson causes bodily injury to any person§ 30-17-5 NMSAA person commits arson by willfully or maliciously starting a fire or causing an explosion with the purpose of destroying or damaging any building, occupied structure, or property of another, or any property, whether their own or another's, to collect insurance for such loss. The offense encompasses intentional burning or exploding of structures, vehicles, or other property with criminal intent.
Arson Under$250
Petty Misdemeanor§ 30-17-5 NMSAA person commits arson when they willfully and maliciously damage real or personal property by starting a fire or causing an explosion. When the damage to the property is valued at less than $250, the offense is classified at the lowest arson level. The statute requires proof of intentional ignition and resulting damage, regardless of whether the property belonged to the defendant or another person.
Auto Burglary
Fourth Degree Felony§ 30-16-3 NMSAA person commits auto burglary by unlawfully entering any vehicle with the intent to commit any felony or theft therein. The offense requires both unauthorized entry into a motor vehicle and the specific intent to steal property or commit another felony once inside. Breaking into or forcing open a locked vehicle to commit theft is the most common form of this offense.
Breaking And Entering
Fourth Degree Felony§ 30-14-8 NMSAA person commits breaking and entering when they unlawfully enter any vehicle, watercraft, aircraft, dwelling, or other structure, movable or immovable, with the intent to commit any felony or theft therein. The offense requires both an unauthorized entry and the specific intent to commit a crime inside. Breaking and entering differs from burglary in that it does not require breaking into an occupied structure or dwelling.
Burglary
Third Degree Felony; Second Degree Felony if the structure is a dwelling, if anyone (other than an accomplice) is present, or if armed with a deadly weapon§ 30-16-3 NMSAA person commits burglary by unlawfully entering or remaining in any vehicle, watercraft, aircraft, dwelling, or other structure with the intent to commit any felony or theft therein. The offense does not require breaking or forced entry; unauthorized presence with criminal intent is sufficient. Burglary is complete upon the unlawful entry with the requisite intent, regardless of whether the intended crime is carried out.
Burglary Of A Dwelling House
Third Degree Felony§ 30-16-3 NMSAA person commits burglary of a dwelling house by unlawfully entering or remaining in the dwelling house of another with the intent to commit any felony or theft therein. A dwelling house is any structure, vehicle, or other place where any person lives or which is customarily used for overnight accommodation, whether or not a person is actually present. The offense is complete upon the unauthorized entry or remaining with the requisite criminal intent, regardless of whether the intended crime is carried out.
Criminal Damage To Property <$1000 H.h. Member
Petty Misdemeanor§ 30-15-1 NMSAA person commits criminal damage to property when they intentionally damage any real or personal property of another without the owner's consent. The offense involves knowingly destroying, defacing, or impairing the usefulness or value of property. When the damage is to property of a household member and the value is less than $1,000, it falls within the domestic-violence context of this statute.
Criminal Damage To Property > $1000
Fourth Degree Felony§ 30-15-1 NMSAA person commits criminal damage to property when they intentionally damage any real or personal property of another without the owner's consent. The offense is classified by the value of the damage caused. When the damage exceeds $1,000, the conduct constitutes a more serious degree of the offense than when the loss is smaller.
Criminal Damage To Property >$1000 H.h. Member
Fourth Degree Felony§ 30-15-1 NMSAA person commits criminal damage to property when they intentionally damage any real or personal property of another without the owner's consent. The offense becomes a household-member variant when the property belongs to a current or former household member, as defined by New Mexico's Family Violence Protection Act. The damage must exceed $1,000 in value.
Criminal Damage To Property, <$1000
Petty Misdemeanor§ 30-15-1 NMSAA person commits criminal damage to property when they intentionally damage any real or personal property of another without the owner's consent. The offense involves destruction, defacement, or impairment of property through acts such as breaking, burning, or otherwise rendering the property less valuable or useful. The damage threshold under $1,000 distinguishes the severity level of the charge.
Criminal Property Damage
Petty Misdemeanor (damage under $1,000); Misdemeanor (damage $1,000–$2,500); Fourth Degree Felony (damage $2,500–$20,000); Third Degree Felony (damage over $20,000)§ 30-15-1 NMSAA person commits criminal damage to property by knowingly damaging any real or personal property of another without the owner's consent. The offense includes acts such as defacing, destroying, or impairing the usefulness or value of property belonging to another person. The level of the offense depends on the monetary value of the damage caused.
Criminal Trespass
Petty Misdemeanor§ 30-14-1 NMSAA person commits criminal trespass by knowingly entering or remaining on real property without permission of the owner or person entitled to possession. The offense includes entering property after being notified not to enter, or remaining after being told to leave. Trespass may occur on land, in buildings, or in other structures where the person has no lawful right to be present.
Dealing/Credit Card Of Another
Fourth Degree Felony§ 30-16-33 NMSAA person commits this offense when they use, sell, or transfer a credit card or credit card number belonging to another person without the cardholder's consent, or when they obtain property, services, or money through such unauthorized use. The statute encompasses both the fraudulent dealing in another's credit card and the unauthorized use of credit card information to obtain anything of value.
Desecration Of Church > $1000
Fourth Degree Felony§ 30-15-1 NMSAA person commits desecration of a church or other place of worship when they willfully damage, deface, or destroy property belonging to or located within a church, synagogue, mosque, or similar religious building. The offense is classified by the value of the damage caused. When the damage exceeds $1,000, the offense is elevated to a felony.
Embezzlement $2500 To $20000
Fourth Degree Felony§ 30-16-8 NMSAA person commits embezzlement when they fraudulently appropriate property of another that has been entrusted to their care, custody, or control with the intent to deprive the owner of the property. The offense involves a breach of trust or fiduciary duty, distinguishing it from theft by taking. The value of the embezzled property determines the degree of the offense.
Forgery
Fourth Degree Felony§ 30-16-10 NMSAA person commits forgery by falsely making, completing, altering, or possessing with intent to defraud any writing or document that purports to have legal significance, or by knowingly uttering or possessing such a forged instrument. The offense includes counterfeiting signatures, altering checks or contracts, or creating false documents with the intent that they be taken as genuine to another's prejudice.
Fraud $2500 To $20000
Fourth Degree Felony§ 30-16-6 NMSAA person commits fraud when they intentionally deceive another person by misrepresentation or a false promise, with the intent to deprive that person of something of value or to obtain something of value by deception. The offense level depends on the amount obtained or attempted to be obtained. Fraud involving property or services valued between $2,500 and $20,000 falls within the mid-range tier of the statute.
Fraud $500 To $2500
Fourth Degree Felony§ 30-16-6 NMSAA person commits fraud when they intentionally deceive another by misrepresentation or a false promise, causing the victim to part with money, property, or something of value. The offense is classified by the amount of loss or value obtained. This charge applies when the amount involved is at least $500 but less than $2,500.
Fraudulent Transport Of Credit Card
Fourth Degree Felony§ 30-16-33 NMSAA person commits fraudulent transport of a credit card when they knowingly transport a credit card or credit card information outside New Mexico with the intent to use, sell, or transfer the card or information to persons other than the issuer or cardholder. The offense targets the interstate movement of stolen or fraudulently obtained credit card instruments or data for purposes of fraud or unauthorized distribution.
Fraudulent Use Of Credit Card
Fourth Degree Felony§ 30-16-33 NMSAA person commits fraudulent use of a credit card by using a credit card obtained or retained by fraud, or by using a credit card knowing it is forged, expired, revoked, or belongs to another without the cardholder's consent. The offense includes using a credit card to obtain property, services, or anything of value through deception or unauthorized means. Intent to defraud the issuer, cardholder, or a merchant is an element of the crime.
Larceny $100 To $500
Petty Misdemeanor§ 30-16-1 NMSAA person commits larceny by stealing the property of another with the intent to permanently deprive the owner of that property. Larceny is the unlawful taking and carrying away of another's personal property without consent. The value of the property taken determines the degree of the offense; this charge applies when the stolen property is valued between $100 and $500.
Larceny $2500 To $20000
Fourth Degree Felony§ 30-16-1 NMSAA person commits larceny by stealing the personal property of another with the intent to permanently deprive the owner of that property. Larceny is the unlawful taking and carrying away of another's property without consent. The degree of the offense depends on the value of the property taken; when the value is between $2,500 and $20,000, it is classified as a fourth degree felony.
Larceny $500 To $2500
Fourth Degree Felony§ 30-16-1 NMSAA person commits larceny by stealing the property of another with the intent to permanently deprive the owner of that property. Larceny is the unlawful taking and carrying away of another's personal property with the intent to convert it to one's own use. The value of the property taken determines the degree of the offense; when the value is between $500 and $2,500, the offense is classified as a fourth degree felony.
Larceny Under $100
Petty Misdemeanor§ 30-16-1 NMSAA person commits larceny by stealing the personal property of another with the intent to permanently deprive the owner of that property. Larceny under $100 refers to theft of property valued at less than one hundred dollars. The offense requires both the unlawful taking and the specific intent to steal.
Non-Residential Burglary
Fourth Degree Felony§ 30-16-3 NMSAA person commits non-residential burglary by unlawfully entering or remaining in any structure, vehicle, or other place — other than an occupied dwelling — with the intent to commit a felony or theft therein. The structure may include commercial buildings, storage units, garages, unoccupied homes, or vehicles. Entry without permission and with criminal intent is the core of the offense.
Possession Of Burglary Tools
Fourth Degree Felony§ 30-16-4 NMSAA person commits possession of burglary tools when they possess any key, tool, instrument, device, or explosive with the intent to use it, or allow it to be used, to commit any burglary or other breaking and entering. The offense requires proof that the person intended the item to facilitate unlawful entry into a building, vehicle, or other structure. Ordinary tools become burglary tools when possessed with criminal intent.
Receiving / Transfer Stolen Vehicle
Fourth Degree Felony§ 30-16D-1 NMSAA person commits receiving or transferring a stolen vehicle when they buy, receive, dispose of, sell, transfer, or have in their possession a motor vehicle knowing it has been stolen or appropriated in a manner constituting larceny or embezzlement. The offense requires knowledge that the vehicle was unlawfully taken or that the person had reasonable grounds to believe it was stolen.
Receiving Stolen Firearm < $2500
Fourth Degree Felony§ 30-16-11 NMSAA person commits receiving a stolen firearm valued under $2,500 when they buy, receive, or aid in concealing a firearm knowing or having reason to believe it has been stolen. This offense is classified as a fourth degree felony, punishable by up to 18 months imprisonment and a fine of up to $5,000.
Receiving Stolen Property $250 To $2500
Fourth Degree Felony§ 30-16-11 NMSAA person commits receiving stolen property when they buy, receive, or aid in concealing property that they know or have reason to believe has been stolen, with the intent to deprive the owner of that property. The offense is classified by the value of the property received; this charge applies when the aggregate value is at least $250 but less than $2,500.
Receiving Stolen Property $2500 To $20000
Fourth Degree Felony§ 30-16-11 NMSAA person commits receiving stolen property when they buy, receive, or aid in concealing property that they know or have reason to believe has been stolen, with the intent to deprive the owner of the property. The offense is classified by the value of the stolen property received. This charge applies when the value of the property is between $2,500 and $20,000.
Refuse To Return Leased Vehicle / Property
Fourth Degree Felony§ 30-16-40 NMSAA person commits fraudulent refusal to return leased or rented property when they willfully and with intent to defraud fail to return a leased or rented vehicle or other personal property to the lessor within 72 hours after the lease or rental agreement has expired and the lessor has made written demand for return. When the property is valued over $500 but not more than $2,500, the offense is a fourth degree felony, punishable by up to 18 months imprisonment and a fine of up to $5,000.
Shoplifting $100 To $500
Fourth Degree Felony§ 30-16-20 NMSAA person commits shoplifting by willfully taking possession of, carrying away, transferring, or causing to be carried away or transferred any merchandise displayed, held, stored, or offered for sale by a store or merchant with the intention of converting the merchandise and depriving the merchant of possession or the full retail value. When the value of the merchandise is more than $100 but not more than $500, the offense falls within this classification tier.
Shoplifting $2500 To $20000
Fourth Degree Felony§ 30-16-20 NMSAA person commits shoplifting by willfully taking possession of, carrying away, transferring, or causing to be carried away merchandise displayed, held, stored, or offered for sale by a store or merchant with the intention of depriving the merchant of the merchandise or its full retail value. When the value of the merchandise taken is between $2,500 and $20,000, the offense is elevated from a petty misdemeanor to a felony. The statute covers concealing merchandise, altering price tags, transferring goods between containers, or removing shopping carts from the premises with intent to deprive the owner.
Shoplifting $500 To $2500
Fourth Degree Felony§ 30-16-20 NMSAA person commits shoplifting by willfully taking possession of, carrying away, transferring, or causing to be carried away merchandise displayed, held, stored, or offered for sale by a store or merchant with the intention of depriving the merchant of possession, use, benefit, or full retail value. When the value of the merchandise is more than $500 but not more than $2,500, the offense falls within this classification tier.
Shoplifting Under $100
Petty Misdemeanor§ 30-16-20 NMSAA person commits shoplifting by willfully taking possession of, carrying away, transferring, or causing to be carried away merchandise displayed, held, stored, or offered for sale by a store or merchant with the intention of depriving the merchant of the merchandise or its full retail value. The offense includes altering, transferring, or removing price tags or labels, or transferring merchandise from one container to another, with intent to deprive the merchant of the full retail value.
Stolen Identity
Fourth Degree Felony§ 30-16-21.1 NMSAA person commits identity theft by obtaining, recording, or accessing identifying information of another person without authorization and with intent to defraud or to obtain anything of value. Identifying information includes name, address, date of birth, Social Security number, driver's license number, financial account numbers, passwords, biometric data, or other personal identifiers. The offense encompasses using, selling, or transferring another's identifying information to commit fraud, obtain credit, goods, services, or to avoid legal consequences.
Theft
Petty Misdemeanor (property value under $250); Misdemeanor ($250–$500); Fourth Degree Felony ($500–$2,500); Third Degree Felony ($2,500–$20,000); Second Degree Felony ($20,000 or more)§ 30-16-1 NMSAA person commits theft when they knowingly obtain or exercise unauthorized control over another's property with the intent to deprive the owner of that property. Theft includes taking property by deception, threat, or without consent. The offense encompasses shoplifting, embezzlement, receiving stolen property, and other forms of unlawful appropriation.
Theft Of Credit Card
Fourth Degree Felony§ 30-16-26 NMSAA person commits theft of a credit card when they take or retain possession of a credit card that belongs to another person without authorization. This offense involves the unlawful acquisition or continued possession of another's credit card, regardless of whether the card is subsequently used. Theft of a credit card is classified as a fourth degree felony.
Unlawful Taking Of Motor Vehicle
Fourth Degree Felony§ 30-16D-1 NMSAA person commits unlawful taking of a motor vehicle when they take, operate, exercise control over, or ride in a motor vehicle without the owner's consent. The offense does not require an intent to permanently deprive the owner of the vehicle, distinguishing it from larceny or auto theft. Temporary unauthorized use—sometimes called "joyriding"—falls within this statute.
Public Order
25 StatutesBomb Threat
Fourth Degree Felony§ 30-20-16 NMSAA person commits bomb threat when they falsely and maliciously report that a bomb or explosive device has been placed in any location, knowing the report to be untrue. The offense involves intentionally causing a bomb scare through a false communication about the presence of an explosive. This is a Fourth Degree Felony punishable by up to 18 months imprisonment and a fine of up to $5,000.
Bribery And Corrupt Influence
Third Degree Felony§ 30-24-1 NMSAA person commits bribery or corrupt influence when they offer, confer, or agree to confer any benefit upon a public servant with the intent to influence the public servant's vote, opinion, judgment, exercise of discretion, or other action in an official capacity. It is also unlawful for a public servant to solicit, accept, or agree to accept such a benefit. The statute covers both the giving and receiving sides of corrupt transactions involving public officials.
Bribery Of Public Officer
Third Degree Felony§ 30-24-1 NMSAA person commits bribery of a public officer by corruptly giving, offering, or promising any pecuniary benefit or thing of value to a public officer or employee with the intent to influence the officer's vote, opinion, judgment, exercise of discretion, or other action in an official capacity. The offense also encompasses a public officer or employee corruptly soliciting, accepting, or agreeing to accept such a benefit. The statute targets the corruption of official duties through improper inducements.
Bribery Of Witness
Third Degree Felony§ 30-24-3 NMSAA person commits bribery of a witness by offering, conferring, or agreeing to confer any benefit upon a witness or a person about to be called as a witness in an official proceeding with the intent to influence the witness's testimony, or by soliciting, accepting, or agreeing to accept any benefit in exchange for testifying falsely or withholding testimony. The statute criminalizes both the giving and receiving sides of the corrupt transaction. The benefit may be anything of value, including money, property, or any advantage.
Bring Contraband Into Jail
Fourth Degree Felony§ 30-22-16 NMSAA person commits this offense by knowingly bringing or causing to be brought into a jail, prison, or other place of confinement any item that is contraband under the facility's rules or state law. Contraband typically includes weapons, drugs, alcohol, cell phones, tools that could aid escape, or other prohibited items. The statute criminalizes both physical introduction of contraband and arranging for its delivery by another person.
Concealing Identity
Petty Misdemeanor§ 30-22-3 NMSAA person commits concealing identity by wearing a mask, hood, or device that conceals the face in a public place with the intent to conceal their identity, deprive another of their civil rights, intimidate or threaten another person, or hinder or prevent the detection, apprehension, or prosecution of a crime. The statute contains exceptions for religious observance, safety equipment, medical purposes, and lawful entertainment or theatrical productions.
Contempt Of Court
Petty Misdemeanor§ 30-1-12 NMSAA person commits contempt of court by willfully disobeying a lawful order of a court, disrupting court proceedings, or engaging in conduct that obstructs the administration of justice. Contempt may be civil (to compel compliance with a court order) or criminal (to punish disrespect or interference with the court). Criminal contempt includes acts such as refusing to testify after being ordered to do so, violating a protective order, or behaving disrespectfully in the courtroom in a manner that undermines the court's authority.
Disorderly Conduct
Petty Misdemeanor§ 30-20-1 NMSAA person commits disorderly conduct by engaging in violent, seriously disruptive, or threatening behavior in a public place, or by using abusive or obscene language in a public place that is inherently likely to provoke an immediate violent response. The statute also prohibits knowingly obstructing vehicular or pedestrian traffic, or refusing to obey a lawful order to disperse. The offense is aimed at conduct that disturbs the peace or creates a risk of public alarm.
Disorderly Conduct
Petty Misdemeanor§ 30-20-1 NMSAA person commits disorderly conduct by engaging in violent, seriously disruptive, or threatening behavior in a public place, or by using abusive or obscene language or gestures in a manner likely to provoke an immediate violent response. The statute also prohibits knowingly obstructing vehicular or pedestrian traffic, or refusing to obey a lawful order to disperse given by law enforcement to prevent a riot or maintain public safety. The conduct must occur in a public place or in a manner that affects the public.
Failure To Appear
Fourth Degree Felony (felony release); Petty Misdemeanor (misdemeanor release)§ 31-3-9 NMSAA person commits failure to appear when, having been released from custody in connection with a criminal charge, they willfully fail to appear in court as required by the conditions of their release. The offense is classified as a fourth degree felony when the underlying charge for which the defendant was released was a felony, and as a petty misdemeanor when the underlying charge was a misdemeanor or petty misdemeanor.
Failure To Comply With Conditions Of Release
Misdemeanor§ 31-3-10 NMSAA person commits this offense when they violate a condition of their pretrial release imposed by a court. Conditions of release may include reporting requirements, travel restrictions, no-contact orders, substance-abuse testing, electronic monitoring, or other terms set to ensure appearance at trial and protect public safety. Willful failure to comply with any such condition constitutes a separate criminal offense.
False Statement Or I.d.
Petty Misdemeanor§ 30-22-3 NMSAA person commits concealing identity when they give a false name or otherwise disguise their identity with the intent to obstruct, hinder, delay, or prevent an officer from discharging their lawful duties. This offense is classified as a petty misdemeanor and is punishable by up to 6 months imprisonment and a fine of up to $500.
Harassment
Misdemeanor§ 30-3A-2 NMSAA person commits harassment under § 30-3A-2 NMSA when they knowingly pursue a pattern of conduct intended to annoy, seriously alarm, or terrorize another person, and that actually causes such a reaction. The conduct must serve no legitimate purpose and includes actions such as following, surveilling, making unwanted communications, or other behavior directed at a specific individual. Harassment is a misdemeanor punishable by up to 364 days imprisonment and a fine of up to $1,000.
Interference W/Communication
Misdemeanor§ 30-12-1 NMSAA person commits interference with communications when they intentionally prevent, obstruct, or interfere with another person's attempt to place an emergency call or to seek emergency assistance. This includes taking, concealing, or disabling a telephone or other communication device with the intent to prevent someone from summoning police, medical, or other emergency aid. The offense is designed to protect the ability to reach emergency services during crises.
Minor In Possession Of Alcohol
Petty Misdemeanor§ 60-7B-1 NMSAA person commits this offense if the person is under 21 years of age and knowingly possesses, consumes, or purchases alcoholic beverages, or misrepresents their age for the purpose of obtaining alcohol. The statute prohibits minors from having alcohol in their possession or control in any public place, vehicle, or establishment licensed to sell alcohol.
Obstructing
Misdemeanor§ 30-22-1 NMSAA person commits obstructing an officer when they knowingly obstruct, resist, or oppose any officer of this state or any other duly authorized person serving or attempting to serve or execute any process or rule or order of any court, or any other legal writ or warrant. The offense includes interfering with an officer's lawful duties through physical resistance, flight, or other active opposition.
Obstructing Movement
Misdemeanor§ 30-22-1 NMSAA person commits obstructing movement when they intentionally obstruct, impair, or hinder the enforcement of the criminal law or the preservation of the peace by a peace officer acting under color of official authority. The offense typically involves physical interference with an officer's lawful duties, such as blocking, resisting, or otherwise preventing the officer from performing an arrest, investigation, or other law-enforcement function.
Prowler
Petty Misdemeanor§ 30-14-3 NMSAA person commits prowling when they loiter, prowl, or wander upon the private property of another at any time without visible or lawful business with the owner or occupant, and when they peek in doors or windows of any inhabited building or structure located on that property. The offense requires both the unauthorized presence on private property and the act of surreptitiously observing through openings of an occupied structure.
Public Affray
Petty Misdemeanor§ 30-20-1 NMSAA person commits public affray by fighting with another person in a public place to the terror or disturbance of others. The offense requires mutual combat or a physical altercation that occurs in a location accessible to the public and causes alarm or disturbance to bystanders or the community. It is distinguished from simple assault or battery by the public nature of the fight and its effect on public order.
Resisting Or Obstructing
Misdemeanor§ 30-22-1 NMSAA person commits resisting, evading, or obstructing an officer when they knowingly obstruct, resist, or oppose any officer of this state or any other duly authorized person serving or attempting to serve or execute any process or rule or order of any court, or any other legal writ or warrant. The statute also covers resisting or obstructing an officer in the discharge or attempted discharge of their official duties.
Sell/Give Liquor To A Minor
Fourth Degree Felony§ 60-7B-1 NMSAA person commits the offense of selling or giving liquor to a minor when they knowingly sell, serve, give, or otherwise provide an alcoholic beverage to any person under twenty-one years of age. This offense is classified as a fourth degree felony. The statute applies to any form of transfer of alcoholic beverages to minors, whether through commercial sale or gratuitous provision.
Stalking
Misdemeanor; Fourth Degree Felony if aggravating circumstances§ 30-3A-3 NMSAA person commits stalking by knowingly pursuing a pattern of conduct, without lawful authority, directed at a specific individual when the person intends to cause that individual reasonable apprehension of death, bodily harm, sexual assault, confinement, or restraint of that individual or another person, or when the person knows or reasonably should know that the conduct causes such reasonable apprehension. A pattern of conduct means two or more acts, on more than one occasion, in which the stalker follows, monitors, surveils, threatens, or communicates to or about the victim, or interferes with the victim's property.
Telephone Threat, Harass, Offend
Petty Misdemeanor§ 30-20-12 NMSAA person commits this offense by using a telephone or other electronic communication device to terrify, intimidate, threaten, harass, annoy, or offend another person. The statute prohibits making repeated calls or communications with the intent to abuse, torment, or harass, as well as making threats of physical harm or using obscene or lewd language with intent to offend. Anonymous calls made with intent to terrify or harass are also covered.
Violating Domestic Violence Order
Misdemeanor§ 40-13-6 NMSAA person commits this offense by knowingly violating a condition of a domestic violence protection order issued under the Family Violence Protection Act. The violation may include contacting, harassing, threatening, or coming within a specified distance of the protected party, or any other conduct prohibited by the terms of the order. The order must have been properly served or the respondent must have had actual notice of its terms.
Yelling And Shouting
Petty Misdemeanor§ 30-20-1 NMSAA person commits disorderly conduct by engaging in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct that tends to disturb the peace. Yelling and shouting in a manner that is unreasonably loud or boisterous and disturbs the peace of others may constitute disorderly conduct under this statute. The conduct must occur in a public place or in a manner that affects the public.
Sex Offense
8 StatutesChild Solicitation By Comp
Third Degree Felony§ 30-37-3.2 NMSAA person commits child solicitation by electronic communication device when they knowingly and intentionally solicit, entice, or persuade—or attempt to solicit, entice, or persuade—a child under sixteen years of age, by means of an electronic communication device, to engage in sexual intercourse, sexual contact, or in a sexual or obscene performance. The offense is complete upon the communication itself, regardless of whether the child responds or any meeting occurs. It is not a defense that the person believed the recipient was sixteen or older, or that the recipient was actually an adult (such as a law enforcement officer).
Criminal Sexual Contact (Injury)
Fourth Degree Felony§ 30-9-12 NMSAA person commits criminal sexual contact causing injury when they intentionally touch or apply force to the intimate parts of another person, or cause another to touch their own or the perpetrator's intimate parts, without consent and in a manner that causes personal injury to the victim. This offense is classified as a fourth degree felony when the unlawful contact results in personal injury, when the perpetrator is aided by one or more persons, or when the perpetrator is armed with a deadly weapon.
Criminal Sexual Contact Of A Minor (Clothed)
Third Degree Felony§ 30-9-13 NMSAA person commits criminal sexual contact of a minor (clothed) when they intentionally touch or apply force to the intimate parts of a minor who is under thirteen years of age, where those intimate parts are clothed. This offense involves unlawful sexual contact without penetration, distinguished from more serious penetration offenses, and is classified as a third degree felony for a sexual offense against a child.
Criminal Sexual Contact Of A Minor (Unclothed)
Second Degree Felony§ 30-9-13 NMSAA person commits criminal sexual contact of a minor in the fourth degree when they intentionally touch or apply force to the unclothed intimate parts of a minor who is under thirteen years of age, or cause the minor to touch the perpetrator's or another's intimate parts. The offense does not include the penetration required for criminal sexual penetration. Intimate parts include the primary genital area, groin, buttocks, anus, or breast.
Criminal Sexual Penetration (Force/Coercion)
Third Degree Felony§ 30-9-11 NMSAA person commits criminal sexual penetration by use of force or coercion when they engage in sexual penetration with another person through the unlawful use of force or coercion that does not rise to the level of more serious circumstances specified in statute. Sexual penetration includes any intrusion, however slight, of any object into the genital or anal openings of another person's body. When accomplished through force or coercion not otherwise specified, this offense is classified as a third degree felony.
Criminal Sexual Penetration (Injury)
Second Degree Felony§ 30-9-11 NMSAA person commits criminal sexual penetration resulting in personal injury when they engage in unlawful sexual penetration of another person and that act causes personal injury to the victim. This offense is classified as a second degree felony under § 30-9-11 NMSA and is punishable by up to 9 years imprisonment and a fine of up to $12,500.
Failure To Register As A Sex Offender
Fourth Degree Felony§ 29-11A-4 NMSAA person commits failure to register as a sex offender when they are required to register under the New Mexico Sex Offender Registration and Notification Act and knowingly fail to register with law enforcement, fail to provide required information, or fail to notify authorities of a change of address or other registration information within the time prescribed by law. The duty to register arises from a conviction or adjudication for specified sex offenses or offenses against children, and the obligation continues for a period determined by the tier level of the underlying offense.
Indecent Exposure
Misdemeanor§ 30-9-14 NMSAA person commits indecent exposure by exposing their genitals to public view under circumstances in which such conduct is likely to cause affront or alarm. The offense requires both the act of exposure and circumstances indicating the conduct would reasonably offend or disturb others. Indecent exposure is classified as a misdemeanor, punishable by up to 364 days imprisonment and a fine of up to $1,000, and may carry mandatory counseling.
Traffic
33 StatutesAggravated Fleeing From An Officer
Fourth Degree Felony§ 30-22-1.1 NMSAA person commits aggravated fleeing from a law enforcement officer when they willfully and recklessly drive a motor vehicle while attempting to elude a pursuing police vehicle, and the flight causes bodily injury to another person, causes property damage exceeding $1,000, or involves driving at high speed or in a manner that endangers the public. The offense requires that the officer's vehicle display a visible red light or siren and that the driver knowingly flee despite a clear signal to stop.
All Other Traffic Violations
Traffic Violation/Penalty Assessment§ 66-1-1 et seq. NMSAThis code encompasses traffic violations not otherwise specifically categorized under New Mexico's Motor Vehicle Code. It may include infractions such as improper lane usage, failure to obey traffic control devices, defective equipment, expired registration, or other regulatory violations that do not rise to the level of misdemeanor or felony offenses. The specific conduct and applicable statute vary depending on the nature of the violation.
Careless Driving
Petty Misdemeanor§ 66-8-114 NMSAA person commits careless driving when they operate a vehicle in a careless or imprudent manner, without due regard for the width, grade, curves, corners, traffic, and other attendant circumstances. The offense is less serious than reckless driving and typically involves inattention or a failure to exercise ordinary care rather than willful disregard for safety.
Child Safety Restraints Violation
Petty Misdemeanor§ 66-7-369 NMSAA person commits a child passenger restraint violation when they transport a child under eighteen years of age in a motor vehicle without properly securing the child in an appropriate child passenger restraint system or safety belt as required by law. The statute mandates specific restraint systems based on the child's age, weight, and height, including rear-facing car seats for infants, forward-facing seats for toddlers, booster seats for young children, and seat belts for older children. Proper use and installation of the restraint device according to manufacturer instructions is required.
Drivers Licenses Restrictions
Petty Misdemeanor§ 66-5-29 NMSAA person commits this offense by operating a motor vehicle in violation of restrictions placed on their driver's license by the Motor Vehicle Division. Restrictions may include requirements to wear corrective lenses, use adaptive equipment, drive only during daylight hours, or other limitations based on the driver's physical condition or driving ability. The offense occurs when the driver fails to comply with any such restriction noted on the face of the license.
Driving On Divided Streets
Traffic Violation/Penalty Assessment§ 66-7-320 NMSAA person commits this offense by driving a vehicle over, across, or within any dividing space, barrier, or section that separates traffic lanes on a divided highway, except through an opening in the physical barrier or dividing section or at a crossover or intersection established by public authority. The statute is intended to prevent unsafe lane changes and crossings that bypass designated entry and exit points on divided roadways.
Driving While License Suspended
Misdemeanor§ 66-5-39 NMSAA person commits this offense by operating a motor vehicle on a public highway while that person's driver's license or privilege to drive has been suspended, revoked, or denied by the Motor Vehicle Division or a court. The offense applies when the driver knows or reasonably should know of the suspension or revocation. It is a separate violation from driving without ever having obtained a license.
Due Care-Collision
Traffic Violation/Penalty Assessment§ 66-7-324 NMSAA person commits this offense by failing to exercise due care to avoid colliding with any pedestrian or any vehicle upon a roadway. The statute imposes an affirmative duty on all drivers to take reasonable precautions to prevent accidents, regardless of right-of-way or other traffic rules. Violation typically arises when a driver's inattention, speed, or failure to control the vehicle results in a collision that could have been avoided through ordinary care.
Due Care-Speed
Traffic Violation/Penalty Assessment§ 66-7-301 NMSAA person commits this offense by driving at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. The statute requires drivers to control their speed to avoid colliding with any person, vehicle, or other conveyance on or entering the highway, in compliance with legal requirements and the duty of all persons to use due care.
Failure To Stop And Render Aid
Third Degree Felony§ 66-7-201 NMSAA person commits this offense when, as the driver of a vehicle involved in an accident resulting in injury to or death of any person, they fail to immediately stop at the scene, remain there, and render reasonable assistance to any injured person. The driver must also provide their name, address, and vehicle registration number to the injured person, any witness, or a peace officer. Leaving the scene of an accident with injuries without fulfilling these duties constitutes this offense.
Failure To Yield Right-Of-Way
Traffic Violation/Penalty Assessment§ 66-7-329 NMSAA person commits this offense by failing to yield the right-of-way to another vehicle or pedestrian when required by law. New Mexico traffic law establishes specific right-of-way rules at intersections, for emergency vehicles, for pedestrians in crosswalks, and in other situations. Violation occurs when a driver proceeds without yielding when the statute imposes a duty to do so.
False Evidence Of Title/Registration
Misdemeanor§ 66-3-302 NMSAA person commits this offense by knowingly displaying, causing, or permitting to be displayed any false or fictitious motor vehicle registration certificate, registration plate, or other evidence of registration. It is also unlawful to lend such documents or plates to another person not entitled to use them, or to knowingly fail or refuse to surrender a registration certificate, plate, or permit upon its cancellation, suspension, or revocation.
Fictitious License Plates
Misdemeanor§ 66-3-33 NMSAA person commits this offense by knowingly displaying, affixing, or using a fictitious, altered, or counterfeit license plate or registration insignia on a motor vehicle. The statute prohibits the manufacture, sale, possession with intent to sell, or use of any license plate or registration device that is not genuinely issued by the Motor Vehicle Division. This includes plates that are forged, reproduced without authorization, or materially altered to misrepresent the vehicle's registration status.
Following Too Close
Traffic Violation/Penalty Assessment§ 66-7-318 NMSAA person commits this offense when they follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicles, the traffic, and the condition of the highway. The statute requires drivers to maintain a safe following distance that allows them to stop safely if the vehicle ahead suddenly decelerates or stops.
Headlamps
Traffic Violation/Penalty Assessment§ 66-3-801 NMSAA person commits a headlamp violation when they operate a motor vehicle on a highway without proper headlamps as required by law, or when the headlamps fail to meet statutory requirements for visibility, aim, intensity, or use during periods of insufficient light or inclement weather. New Mexico law requires headlamps to be illuminated from a half hour after sunset to a half hour before sunrise, and at any other time when visibility is reduced.
Horns/Signaling Devices (Noise)
Traffic Violation/Penalty Assessment§ 66-3-867 NMSAIt is unlawful to use a horn or other audible signaling device on a motor vehicle except as a reasonable warning or as otherwise permitted by law. The statute prohibits the use of horns to create unnecessary or unreasonable noise, including prolonged or excessive sounding in non-emergency situations. Horns must emit a sound reasonably calculated to give notice of the vehicle's approach or presence.
Immediate Notice Of Accident
Misdemeanor§ 66-7-205 NMSAA driver involved in a motor vehicle accident resulting in injury, death, or property damage must immediately notify the nearest law enforcement agency by the quickest means of communication. The duty applies when the accident occurs on a public highway or other location where the Motor Vehicle Code is applicable. Failure to provide this immediate notice constitutes a violation of the reporting requirements under New Mexico's accident-notification statutes.
Lane Usage
Traffic Violation/Penalty Assessment§ 66-7-317 NMSAA person commits a lane-usage violation when they fail to drive as nearly as practicable entirely within a single lane on a roadway divided into two or more clearly marked lanes, or fail to move from one lane to another only when such movement can be made with safety. The statute requires drivers to maintain lane discipline and execute lane changes without creating hazards to other traffic.
Leaving The Scene
Misdemeanor; Fourth Degree Felony if great bodily harm or death§ 66-7-201 NMSAA person commits leaving the scene of an accident when, as the driver of a vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle, the driver fails to stop at the scene, provide identification and insurance information, and render reasonable assistance to any injured person. The driver must remain at the scene or immediately return to it and comply with these duties.
No Driver's License
Misdemeanor§ 66-5-2 NMSAA person commits the offense of No Driver's License when they operate a motor vehicle on New Mexico roads without possessing a valid driver's license as required by law. This misdemeanor applies to individuals who have never obtained a license, whose license has expired, or who fail to carry proper licensing credentials while driving. The offense is distinct from driving on a suspended or revoked license, which carries separate penalties.
No Insurance
Misdemeanor§ 66-5-205 NMSAA person commits this offense by operating a motor vehicle in New Mexico without maintaining financial responsibility (motor vehicle liability insurance) as required by law. New Mexico law requires all motor vehicle owners and operators to carry minimum liability coverage for bodily injury and property damage. Proof of insurance must be provided upon the request of a law enforcement officer.
No Registration / Expired Plate
Petty Misdemeanor§ 66-3-18 NMSAA person commits this offense by operating a motor vehicle on a public highway without valid registration or with an expired registration plate. New Mexico law requires all vehicles operated on public roads to display current, unexpired registration plates issued by the Motor Vehicle Division. Driving with an expired plate or no registration constitutes a violation of the Motor Vehicle Code.
Open Container
Petty Misdemeanor§ 66-8-138 NMSAA person commits this offense by knowingly possessing an open alcoholic beverage container in the passenger area of a motor vehicle on a public highway. An 'open container' is any bottle, can, or receptacle containing any amount of alcoholic beverage that is open, has a broken seal, or has had contents partially removed. The offense applies to both drivers and passengers, though exceptions exist for passengers in certain commercial vehicles and living quarters of motor homes.
Racing Or Contest For Speed
Misdemeanor§ 66-8-115 NMSAA person commits racing or contest for speed when they operate a motor vehicle on a public highway in any race, speed competition, or contest, drag race, or acceleration contest. The offense includes arranging, coordinating, or facilitating such an event. It is unlawful to engage in competitive driving that tests speed or acceleration on public roads, as opposed to a controlled, authorized track or venue.
Ran Red Signal Light
Traffic Violation/Penalty Assessment§ 66-7-346 NMSAA person commits this offense when they fail to obey a traffic control signal displaying a steady red indication. The driver must stop before entering the crosswalk on the near side of the intersection or, if none, before entering the intersection itself, and must remain stopped until a green indication is shown. Proceeding through an intersection against a red signal without stopping constitutes a violation.
Ran Stop Sign
Traffic Violation/Penalty Assessment§ 66-7-346 NMSAA person commits this offense by failing to stop at a stop sign as required by law. New Mexico law requires every driver of a vehicle approaching a stop sign to stop at a clearly marked stop line, or if none, before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic. The vehicle must remain stopped until it is safe to proceed.
Reckless Driving
Misdemeanor§ 66-8-113 NMSAA person commits reckless driving by operating a vehicle in willful or wanton disregard for the safety of persons or property. The offense requires more than ordinary negligence or inattention; it involves a conscious, deliberate indifference to the consequences of one's driving. Reckless driving may include excessive speeding, weaving through traffic, racing, or other conduct demonstrating a disregard for the rules of the road and the safety of others.
Regulatory Parking Violations
Traffic Violation/Penalty Assessment§ 66-7-350 NMSAA person commits a regulatory parking violation by parking a vehicle in violation of posted signs, time limits, permit requirements, or other parking regulations established by a municipality or governmental entity. Common violations include parking in prohibited zones, exceeding time limits in metered or restricted spaces, parking without required permits, or violating posted restrictions such as no-parking zones, loading zones, or handicapped spaces without proper authorization.
Seat Belts Not Used
Traffic Violation/Penalty Assessment§ 66-7-372 NMSAA person commits this violation when they operate or ride as a passenger in a motor vehicle on a New Mexico roadway without wearing a properly fastened safety belt or child restraint system as required by law. New Mexico law mandates that drivers and all passengers use seat belts, and that children under certain ages or sizes be secured in appropriate child passenger restraint systems.
Speeding
Traffic Violation/Penalty Assessment§ 66-7-301 NMSAA person commits speeding when they operate a motor vehicle at a speed greater than is reasonable and prudent under the conditions then existing, or in excess of a posted maximum speed limit. New Mexico law establishes prima facie speed limits (e.g., 75 mph on certain rural interstate highways, 55 mph on other highways, 30 mph in urban districts) and authorizes local authorities to set lower limits. Speeding is a noncriminal traffic violation subject to a penalty assessment rather than criminal prosecution.
Tail Lamps
Traffic Violation/Penalty Assessment§ 66-3-805 NMSAA person commits this violation by operating a motor vehicle on a highway without the required tail lamps or with tail lamps that do not meet statutory specifications. New Mexico law requires every motor vehicle to be equipped with at least two red tail lamps mounted on the rear, visible from 500 feet to the rear under normal atmospheric conditions. The lamps must be displayed whenever headlamps are required or in use.
Traffic Control Device Violation
Traffic Violation/Penalty Assessment§ 66-7-110 NMSAA person commits a traffic control device violation when they fail to obey the instructions of any official traffic control device placed or maintained in accordance with law, unless otherwise directed by a police officer. This includes disregarding stop signs, yield signs, traffic signals, lane-use signs, and other regulatory signs or markings. The offense does not apply if the device is not sufficiently legible or visible to an ordinarily observant person.
Wrong Or No Signal
Traffic Violation/Penalty Assessment§ 66-7-329 NMSAA person commits this offense when they fail to give an appropriate signal before turning, changing lanes, or stopping, or when they give a signal that does not accurately indicate their intended movement. New Mexico law requires drivers to signal continuously for at least the last 100 feet before turning or changing lanes on a roadway, and to use proper hand-and-arm signals or mechanical turn signals that are visible to other traffic.
Violent
38 Statutes(Attempted) Armed Robbery
Third Degree Felony§ 30-16-2 NMSA (robbery); § 30-28-1 NMSA (attempt)A person commits attempted armed robbery when they take a substantial step toward the intentional taking of anything of value from another person by use or threatened use of a deadly weapon, but do not complete the offense. Armed robbery itself requires the unlawful taking of property from the person of another or in the immediate control of another, by use or threatened use of a deadly weapon. An attempt to commit armed robbery is classified as a third degree felony, one degree lower than the completed second degree felony offense.
Abuse Of A Child
Third Degree Felony; Second Degree Felony if great bodily harm or death results§ 30-6-1 NMSAA person commits abuse of a child when, having custody or control of a child under the age of eighteen, they knowingly, intentionally, or negligently cause or permit the child to be placed in a situation that may endanger the child's life or health, or cause or permit the child to be tortured, cruelly confined, cruelly punished, or deprived of necessary food, clothing, or shelter. The offense includes acts or omissions that result in physical or mental injury to the child.
Abuse/Child Resulting In Death
First Degree Felony§ 30-6-1(D) NMSAA person commits abuse of a child resulting in death when they knowingly, intentionally, or negligently cause or permit a child to be placed in a situation that may endanger the child's life or health, and that abuse results in the death of the child. The offense encompasses acts or omissions by a parent, guardian, or custodian that create a substantial risk of death or great bodily harm. Death must be a direct result of the abusive conduct or neglectful failure to protect.
Abuse/Child Resulting In Great Bodily Harm
Second Degree Felony§ 30-6-1(D)(1) NMSAA person commits abuse of a child resulting in great bodily harm when they knowingly, intentionally, or negligently cause or permit a child to be placed in a situation that may endanger the child's life or health, and that conduct results in great bodily harm to the child. Great bodily harm means an injury that creates a high probability of death, causes serious disfigurement, or results in permanent or protracted loss or impairment of the function of any member or organ of the body. The offense requires proof that the defendant's actions or omissions directly led to substantial physical injury.
Agg. Assault Against A Household Member (Deadly Weapon)
Fourth Degree Felony§ 30-3-13 NMSAA person commits aggravated assault against a household member when they threaten or attempt to batter a household member and use or display a deadly weapon in the course of the assault. A household member includes a spouse, former spouse, parent, present or former stepparent, present or former parent-in-law, grandparent, grandparent-in-law, child, stepchild, grandchild, co-parent of a child, or person with whom the offender has had a continuing personal relationship. The use or display of a deadly weapon elevates the offense from simple assault.
Agg. Battery Against A Household Member (Deadly Weapon)
Third Degree Felony§ 30-3-16 NMSAA person commits aggravated battery against a household member when they unlawfully touch or apply force to a household member in a rude, insolent, or angry manner with a deadly weapon. A household member includes a spouse, former spouse, parent, present or former stepparent, present or former parent-in-law, grandparent, grandparent-in-law, child, stepchild, grandchild, co-parent of a child, or person with whom the defendant has had a continuing personal relationship. The offense requires the use of a deadly weapon, which is any object capable of causing death or great bodily harm.
Agg. Battery Against A Household Member (No Great Bodily Harm)
Fourth Degree Felony§ 30-3-16 NMSAA person commits aggravated battery against a household member when they unlawfully touch or apply force to a household member in a rude, insolent, or angry manner, and the battery is committed with a deadly weapon or in a manner that shows an utter disregard for the safety of human life, but does not result in great bodily harm. A household member includes a spouse, former spouse, parent, present or former stepparent, present or former parent-in-law, grandparent, grandparent-in-law, co-parent of a child, or co-resident.
Agg. Battery Against Household Member Great Bodily Harm
Third Degree Felony§ 30-3-16 NMSAA person commits aggravated battery against a household member when they unlawfully touch or apply force to a household member in a manner that causes or is likely to cause great bodily harm. Great bodily harm means an injury that creates a high probability of death, causes serious disfigurement, or results in permanent or protracted loss or impairment of the function of any member or organ of the body. A household member includes a spouse, former spouse, parent, present or former stepparent, present or former parent-in-law, grandparent, grandparent-in-law, co-parent of a child, or co-resident.
Agg. Battery Against W/Intent To Commit A Violent Felony Against A Household Member
Third Degree Felony§ 30-3-16 NMSAA person commits aggravated battery against a household member with intent to commit a violent felony when they unlawfully touch or apply force to a household member with the intent to commit a violent felony against that person. The offense requires both the battery and the specific intent to commit a separate violent felony. A household member includes a spouse, former spouse, parent, present or former stepparent, present or former parent-in-law, grandparent, grandparent-in-law, child, stepchild, grandchild, co-parent of a child, or a person with whom the defendant has had a continuing personal relationship.
Aggravated Assault
Fourth Degree Felony§ 30-3-2 NMSAA person commits aggravated assault by unlawfully threatening or attempting to batter another person with a deadly weapon, or by threatening or attempting to batter another person while appearing to have the present ability to do so and the act causes the victim to reasonably believe they are in danger of receiving an immediate battery. The offense requires either the use of a deadly weapon or circumstances that create a reasonable apprehension of immediate serious harm.
Aggravated Assault On Peace Officer
Third Degree Felony§ 30-22-22 NMSAA person commits aggravated assault on a peace officer when they unlawfully assault a peace officer while that officer is in the lawful discharge of their duties. This offense requires that the defendant knew or reasonably should have known the victim was a peace officer performing official functions. Aggravated assault on a peace officer is classified as a third degree felony.
Aggravated Battery May Cause Death Or Great Bodily Harm
Third Degree Felony§ 30-3-5 NMSAA person commits aggravated battery when they unlawfully touch or apply force to another in a rude, insolent, or angry manner and the battery is committed with a deadly weapon or in a manner likely to cause death or great bodily harm. The offense requires either the use of a deadly weapon or conduct that poses a substantial risk of serious physical injury. Unlike simple battery, aggravated battery involves circumstances that elevate the danger or harm to the victim.
Aggravated Battery Not Death Or Great Bodily Harm
Misdemeanor§ 30-3-5 NMSAA person commits aggravated battery when they unlawfully touch or apply force to another in a rude, insolent, or angry manner with a deadly weapon or in a manner that shows an utter disregard for the safety of human life, but the battery does not result in great bodily harm. The offense requires either the use of a deadly weapon or conduct demonstrating extreme indifference to the value of human life, yet the victim does not suffer serious injury.
Aggravated Battery On Officer, Cause Great Bodily Harm
Third Degree Felony§ 30-22-25 NMSAA person commits aggravated battery upon a peace officer when they unlawfully touch or apply force to a peace officer in a manner that inflicts great bodily harm, uses a deadly weapon, or is done in a manner that could inflict great bodily harm or death. This offense is a third degree felony punishable by up to 3 years imprisonment and a fine of up to $5,000.
Aggravated Battery On Officer, Not Great Bodily Harm
Fourth Degree Felony§ 30-22-25 NMSAA person commits aggravated battery on a peace officer, not inflicting great bodily harm, when they unlawfully touch or apply force to a peace officer in the lawful discharge of their duties with intent to injure that person, causing painful temporary disfigurement or temporary loss or impairment of the functions of any member or organ of the body. This offense is a fourth degree felony punishable by up to 18 months imprisonment and a fine of up to $5,000.
Aggravated Stalking
Fourth Degree Felony§ 30-3A-3.1 NMSAA person commits aggravated stalking by knowingly pursuing a pattern of conduct, without lawful authority, directed at a specific individual when they have been given actual notice that the individual does not consent to the conduct, and the conduct would cause a reasonable person to feel frightened, intimidated, or harassed. The offense is aggravated when the person makes a credible threat or violates a permanent or temporary restraining or protective order while engaging in stalking conduct.
Armed Robbery
Second Degree Felony§ 30-16-2 NMSAA person commits armed robbery when they take or attempt to take anything of value from another person or from the immediate control of another person by use or threatened use of a deadly weapon. The offense requires both the taking of property with intent to permanently deprive the owner and the use or display of a deadly weapon during the commission of the robbery. Armed robbery is, for a first offense, a second degree felony punishable by up to 9 years imprisonment and a fine of up to $12,500.
Assault
Petty Misdemeanor§ 30-3-1 NMSAA person commits assault by attempting to commit a battery upon another or by any unlawful act, threat, or menacing conduct that causes another person to reasonably believe they are in danger of receiving an immediate battery. No physical contact is required; the offense is complete when the victim is placed in reasonable apprehension of imminent harmful or offensive contact. Assault is distinct from battery, which requires actual physical contact.
Assault Against A Household Member
Petty Misdemeanor§ 30-3-12 NMSAA person commits assault against a household member when they commit an assault, as defined in § 30-3-1 NMSA, against a member of their household. The offense involves an unlawful attempt or threat to apply force to another household member, coupled with apparent present ability to do so, which creates a well-founded fear of immediate bodily harm. This is a petty misdemeanor punishable by up to 6 months imprisonment and a fine of up to $500.
Assault On Officer With Intent To Commit A Violent Felony
Second Degree Felony§ 30-22-23 NMSAA person commits assault on a peace officer with intent to commit a violent felony when they unlawfully assault a peace officer while harboring the specific intent to commit a violent felony against that officer. This offense requires both the assault itself and the accompanying intent to commit a serious violent crime, such as murder or aggravated battery. It is classified as a second degree felony.
Assault On Peace Officer
Misdemeanor§ 30-22-21 NMSAA person commits assault on a peace officer when they unlawfully attempt or threaten to apply force to the person of a peace officer while that officer is engaged in the lawful discharge of their duties. The offense requires an apparent present ability to carry out the threat or attempt, and the officer must be acting in their official capacity at the time. This is classified as a misdemeanor punishable by up to 364 days imprisonment and a fine of up to $1,000.
Assault With Intent To Commit A Violent Felony
Third Degree Felony§ 30-3-3 NMSAA person commits assault with intent to commit a violent felony when they unlawfully attempt or threaten to apply force to another person with the present intent to commit a violent felony upon that person. The offense requires both an assault (an unlawful attempt or threat to apply force) and the specific intent at that moment to commit a violent felony, such as murder, criminal sexual penetration, robbery, or aggravated battery. The violent felony need not be completed; the intent at the time of the assault is the key element.
Assault/Battery On Health Care Personnel
Misdemeanor; Fourth Degree Felony if great bodily harm results§ 30-3-9.1 NMSAA person commits assault or battery on health care personnel when they unlawfully attempt to commit a battery upon, or commit a battery against, a health care worker while that worker is performing their duties in a hospital or other health care setting. The statute protects physicians, nurses, emergency medical personnel, and other licensed health care providers from physical violence or threats of violence during the course of their work. No actual injury is required for assault; battery requires unlawful, intentional touching or application of force.
Battery
Petty Misdemeanor§ 30-3-4 NMSAA person commits battery by intentionally touching or applying force to another person in a harmful or offensive manner, or by intentionally causing bodily harm to another. The offense does not require proof of injury, only that the contact was unlawful and either harmful or offensive. Battery is distinguished from assault, which involves attempted battery or placing another in reasonable apprehension of immediate battery.
Battery Against A Household Member
Misdemeanor§ 30-3-15 NMSAA person commits battery against a household member when they unlawfully touch or apply force to a household member in a harmful or offensive manner. A household member includes current or former spouses, persons sharing a child in common, persons in current or former dating relationships, or persons related by blood or marriage who reside or formerly resided together. This offense is classified as a misdemeanor punishable by up to 364 days imprisonment and a fine of up to $1,000.
Battery On Peace Officer
Fourth Degree Felony§ 30-22-24 NMSAA person commits battery upon a peace officer when they unlawfully touch or apply force to a peace officer while that officer is in the lawful discharge of their duties. This offense is a fourth degree felony, distinguishing it from simple battery by the victim's status as a peace officer acting in an official capacity.
Disarming A Peace Officer
Third Degree Felony§ 30-22-27 NMSAA person commits disarming a peace officer when they knowingly remove or attempt to remove a firearm or other weapon from the person of a peace officer, or deprive or attempt to deprive a peace officer of the use of a firearm or other weapon, when the peace officer is acting in the lawful discharge of their duties. This offense is classified as a Third Degree Felony and is punishable by up to 3 years imprisonment and a fine of up to $5,000.
False Imprisonment
Fourth Degree Felony§ 30-4-3 NMSAA person commits false imprisonment by intentionally confining or restraining another person without their consent and without lawful authority. The offense involves knowingly restricting someone's freedom of movement by force, threat, or deception. False imprisonment is classified as a fourth degree felony, punishable by up to 18 months imprisonment and a fine of up to $5,000.
Great Bodily Injury By Motor Vehicle
Third Degree Felony§ 66-8-101 NMSAA person commits great bodily injury by motor vehicle when, while driving under the influence of intoxicating liquor or drugs or while driving recklessly, the person causes an accident resulting in great bodily harm to another person. Great bodily harm means an injury that creates a high probability of death or causes serious disfigurement or results in permanent or protracted loss or impairment of the function of any member or organ of the body. This offense is distinct from vehicular homicide in that the victim survives but sustains severe injuries.
Involuntary Manslaughter
Fourth Degree Felony§ 30-2-3(B) NMSAA person commits involuntary manslaughter when they kill another human being without lawful justification or excuse, in the commission of an unlawful act not amounting to a felony, or in the commission of a lawful act that might produce death in an unlawful manner or without due caution and circumspection. This offense involves unintentional killing through criminal negligence or during the commission of a misdemeanor, as distinguished from voluntary manslaughter (which involves a sudden quarrel or heat of passion) or murder (which requires malice or intent).
Kidnapping
First Degree Felony§ 30-4-1 NMSAA person commits kidnapping by taking, restraining, transporting, or confining another person by force, intimidation, or deception, with intent to hold that person for ransom, as a shield or hostage, to inflict death or physical injury, to facilitate commission of a felony, to terrorize the victim or another, or to interfere with the performance of a governmental or political function. The offense requires unlawful restraint coupled with one of the enumerated criminal purposes.
Murder (Capital Crime Attempt)
Second Degree Felony§ 30-28-1 NMSAA person commits Murder (Capital Crime Attempt) when they take a substantial step toward intentionally causing the death of another human being under circumstances that would constitute capital or first-degree murder, but the killing is not completed. This offense requires specific intent to kill and conduct that goes beyond mere preparation, constituting a direct movement toward commission of the murder. Under § 30-28-1 NMSA, an attempt to commit a capital or first degree felony is classified as a Second Degree Felony, punishable by up to 9 years imprisonment and a fine of up to $12,500.
Murder (First Degree)
Capital Felony§ 30-2-1(A) NMSAA person commits first-degree murder when they kill another human being deliberately and with premeditation, or during the commission of certain enumerated felonies (felony murder). Premeditation means the killing was considered beforehand, even if only briefly. Felony murder applies when a death occurs during the commission or attempted commission of specified dangerous felonies such as kidnapping, criminal sexual penetration, robbery, burglary, or arson.
Murder (Second Degree)
Second Degree Felony§ 30-2-1(B) NMSAA person commits second-degree murder when they kill another human being without deliberation or premeditation. Second-degree murder is an intentional killing that lacks the premeditation required for first-degree murder, or it may result from an act greatly dangerous to the lives of others indicating a depraved mind regardless of human life. The offense does not include killings committed in the heat of passion upon sufficient provocation, which would constitute voluntary manslaughter.
Robbery
Third Degree Felony§ 30-16-2 NMSAA person commits robbery when, in the course of committing a larceny, they use or threaten the immediate use of force or violence upon another person with intent to prevent resistance to their taking or retaining property. Robbery is a third degree felony punishable by up to 3 years imprisonment and a fine of up to $5,000.
Shooting At House/Dwelling/Vehicle
Fourth Degree Felony§ 30-3-8 NMSAA person commits shooting at a dwelling or occupied building when they willfully discharge a firearm at or into any dwelling or occupied building, or shoot at or from a motor vehicle. The offense does not require that anyone be present or injured; the act of shooting at the structure or vehicle itself is sufficient. This statute is intended to protect persons and property from the danger posed by gunfire directed at dwellings, buildings, or vehicles.
Vehicular Homicide
Third Degree Felony; Fourth Degree Felony if based on failure to yield right-of-way§ 66-8-101 NMSAA person commits vehicular homicide when they unintentionally cause the death of another human being while driving under the influence of intoxicating liquor or drugs, or while driving recklessly. The offense may also be charged when death results from a driver's failure to yield the right-of-way. The statute requires proof that the defendant's impaired or reckless driving was a proximate cause of the fatal collision.
Voluntary Manslaughter
Third Degree Felony§ 30-2-3(A) NMSAA person commits voluntary manslaughter when they kill another human being without lawful justification or excuse, but under circumstances that would reduce an intentional killing from murder to manslaughter. This typically occurs when the killing is committed in the heat of passion resulting from adequate provocation by the victim, such that a reasonable person would lose self-control. Voluntary manslaughter is a lesser-included offense of murder, distinguished by the presence of mitigating circumstances that negate the malice required for murder.
Weapons
6 StatutesCarrying Of Deadly Weapons
Petty Misdemeanor§ 30-7-2 NMSAA person commits unlawful carrying of a deadly weapon by carrying a concealed loaded firearm on or about their person in any vehicle or on any premises that are not their own or under their control, without a valid concealed carry license. The statute also prohibits carrying a switchblade knife, poniard, butcher knife, dagger, or other deadly weapon concealed on the person. New Mexico law generally permits open carry of firearms, but concealed carry without a license is prohibited.
Firearms: Receipt, Possession By Felon
Third Degree Felony§ 30-7-16 NMSAA person commits receipt or possession of a firearm by a felon when, having been convicted of a felony offense, they knowingly receive, transport, or possess any firearm. This prohibition applies to individuals with prior felony convictions under New Mexico law or the law of any other jurisdiction. Receipt, possession, or transport of a firearm by a felon is a third degree felony.
Negligent Use Of Deadly Weapon
Petty Misdemeanor§ 30-7-4 NMSAA person commits negligent use of a deadly weapon when they handle, use, or discharge a deadly weapon in a manner that endangers the safety of another person, without due caution or circumspection. The offense requires proof of negligence—a failure to exercise reasonable care—rather than intent to harm. Common examples include recklessly firing a gun in a populated area or carelessly brandishing a weapon in a way that creates a substantial risk of injury.
Possession Of Explosive Device Or Incendiary Device
Fourth Degree Felony§ 30-7-5 NMSAA person commits this offense by knowingly possessing, manufacturing, transporting, distributing, or using any explosive or incendiary device. An explosive device includes any destructive device containing an explosive or incendiary material capable of causing bodily harm or property damage. The statute prohibits unauthorized possession of such devices; lawful possession by certain professionals (e.g., law enforcement, licensed blasters) is excepted.
Possession Of Weapon Or Explosive By A Prisoner
Third Degree Felony§ 30-22-16 NMSAA person commits this offense when, while confined in a correctional facility or being transported to or from such a facility, they knowingly possess a deadly weapon, destructive device, or explosive. The statute is designed to prevent inmates from acquiring or maintaining control over dangerous items that could be used to harm others or facilitate escape. Possession includes having the item on one's person, in one's cell, or under one's control within the facility.
Prohibited Weapons
Petty Misdemeanor§ 30-7-8 NMSAA person commits unlawful possession of a switchblade when they manufacture, possess, transport, sell, or offer to sell a switchblade knife. New Mexico law prohibits switchblades—knives with blades that open automatically by hand pressure applied to a button, spring, or other device in the handle. The statute exempts certain persons, including peace officers and military personnel acting in the lawful discharge of their duties.