Homicide in New Mexico law 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 2021, the state had the fourth highest murder rate in the country [1]
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]
| Offense | Mandatory sentencing |
|---|---|
| Involuntary manslaughter | Up to 1+1⁄2 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 |
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