Murder in New Mexico law
Murder in New Mexico constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of New Mexico.
The United States Centers for Disease Control and Prevention reported that in the year 2020, the state had a murder rate well above the median for the entire country.[1]
Felony murder rule
In the state of New Mexico, the common law felony murder rule is codified in N.M. Stat. Ann. § 30-2-1(2).[2]
The rule was narrowed in the case of State v. Ortega, where the court held that the perpetrator must have the same mens rea as one who commits murder.[3]
Penalties
| Offense | Mandatory sentencing |
|---|---|
| Involuntary manslaughter | Up to 4 years in prison |
| Voluntary manslaughter | Up to 6 years in prison |
| Second-degree murder | Up to 15 years in prison |
| Child abuse resulting in death | Up to 18 years in prison |
| First-degree murder | Life imprisonment without the possibility of parole, or life-with-parole after 30 years |
References
- "National Center for Health Statistics: Homicide Mortality by State". Centers for Disease Control and Prevention. February 16, 2021. Retrieved September 24, 2021.
- N.M. Stat. Ann. Sec. 30-2-1(2).
- State v. Ortega, 817 P.2d 1196 (N.M. 1991).
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