State v. Pitts, 714 P.2d 582 (N.M. 1986). · Go Syfert
State v. Pitts, 714 P.2d 582 (N.M. 1986). Cases Citing This Book View Copy Cite
97 citation events (46 in the last 25 years) across 3 distinct courts.
Strongest positive: State v. Webb (nmctapp, 2012-12-12)
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
Top citers, strongest first. 24 distinct citers.
examined Cited as authority (verbatim quote) State v. Webb (2×) also: Cited as authority (quoted)
N.M. Ct. App. · 2012 · signal: see also · quote attribution · 2 verbatim quotes · confidence high
he intent of the legislature in enacting section 30-6-3 ... was to extend the broadest possible protection to children, who may be led astray in innumerable ways.
examined Cited as authority (verbatim quote) State v. Garcia (2×) also: Cited as authority (quoted)
N.M. Ct. App. · 2012 · signal: see also · quote attribution · 2 verbatim quotes · confidence high
this court has held the statute constitutional despite the vagueness of its description of the proscribed acts and omissions.
examined Cited as authority (verbatim quote) State v. Garcia (2×) also: Cited as authority (quoted)
N.M. Ct. App. · 2012 · signal: see also · quote attribution · 2 verbatim quotes · confidence high
this court has held the statute constitutional despite the vagueness of its description of the proscribed acts and omissions.
discussed Cited as authority (rule) State v. Castañeda
N.M. Ct. App. · 2001 · confidence medium
These circumstances are analogous to those in State v. Cuevas, 94 N.M. 792 , 617 P.2d 1307 (1980), overruled on other grounds by State v. Pitts, 103 N.M. 778, 780 , 714 P.2d 582, 584 (1986), which held that a teacher demonstrating how to drink tequila to twenty underage students could be convicted of only one count of contributing to the delinquency of a minor (CDM).
discussed Cited as authority (rule) State v. Castaneda
N.M. Ct. App. · 2001 · confidence medium
These circumstances are analogous to those in State v. Cuevas, 94 N.M. 792 , 617 P.2d 1307 (1980), overruled on other grounds by State v. Pitts, 103 N.M. 778, 780 , 714 P.2d 582, 584 (1986), which held that a teacher demonstrating how to drink tequila to twenty underage students could be convicted of only one count of contributing to the delinquency of a minor (CDM).
examined Cited as authority (rule) State v. Perea (3×) also: Cited "see"
N.M. Ct. App. · 2001 · confidence medium
Vagueness of CDM Statute {24} Defendant correctly points us to State v. Favela, 91 N.M. 476, 477-78 , 576 P.2d 282, 283-84 (1978) (holding that a juvenile does not have to consume alcohol for the defendant to be found guilty of CDM), overruled on other grounds by State v. Pitts, 103 N.M. 778 -79, 714 P.2d 582, 583 (1986).
examined Cited as authority (rule) State v. Perea (3×) also: Cited "see"
N.M. Ct. App. · 2000 · confidence medium
Vagueness of CDM Statute {24} Defendant correctly points us to State v. Favela, 91 N.M. 476, 477-78 , 576 P.2d 282, 283-84 (1978) (holding that a juvenile does not have to consume alcohol for the defendant to be found guilty of CDM), overruled on other grounds by State v. Pitts, 103 N.M. 778 -79, 714 P.2d 582, 583 (1986).
examined Cited as authority (rule) State v. Romero (3×) also: Cited "see"
N.M. Ct. App. · 2000 · confidence medium
To follow the State’s thinking, every person in the presence of and interacting with a minor should not only have a sense of caution regarding his or her own and the minor’s activities, but is also strapped with a legal duty to affirmatively inquire of the minor or others whether the minor is under any particular command or direction from a parent, guardian, custodian, teacher, or probation authority, which might give rise to a question whether the person’s activities with the minor are somehow contrary to such command or direction. {15} This view seems to carry us beyond the realm of re…
examined Cited as authority (rule) State v. Barr (4×) also: Cited "see"
N.M. Ct. App. · 1999 · confidence medium
DISCUSSION The Seven CDM Convictions {9} Relying on State v. Cuevas, 94 N.M. 792, 792 , 617 P.2d 1307, 1307 (1980), overruled on other grounds by State v. Pitts, 103 N.M. 778, 780 , 714 P.2d 582, 584 (1986), Defendant contends that the trial court erred in convicting and sentencing him for seven counts of CDM, and therefore, all but one of the convictions and sentences should be vacated.
examined Cited as authority (rule) State v. Trevino (10×) also: Cited "see"
N.M. · 1993 · confidence medium
See State v. Pitts, 103 N.M. 778, 780 , 714 P.2d 582, 584 (1986) (stating intent of legislature in enacting CDM statute was to protect children, who may be led astray in innumerable ways); State v. Cuevas, 94 N.M. 792, 794 , 617 P.2d 1307, 1309 (1980) (holding purpose of CDM statute is to protect children from harmful adult conduct), overruled on other grounds by Pitts, 103 N.M. at 780 , 714 P.2d at 584 (holding that perpetrator of CDM need not be an adult); McKinley, 53 N.M. at 111 , 202 P.2d at 967 (holding purpose of juvenile law is to protect youths from persons who would lead them astray)…
discussed Cited as authority (rule) State v. Henderson
N.M. · 1993 · confidence medium
This Court reaffirmed that the definition of CDM was not unconstitutionally vague for failing to enumerate each and every act that would constitute contributing to delinquency in State v. Favela, 91 N.M. 476, 478 , 576 P.2d 282, 284 (1978) (per curiam), overruled in part on other grounds by State v. Pitts, 103 N.M. 778, 780 , 714 P.2d 582, 584 (1986).
discussed Cited as authority (rule) In re Danny R.
N.M. Ct. App. · 1992 · confidence medium
The Children’s Code is “intended to protect children from the consequences of their own acts so long as it is ‘consistent with the protection of the public interest.’ ” State v. Favela, 91 N.M. 476, 477 , 576 P.2d 282, 283 (1978) (quoting NMSA 1953, § 13-14-2(B)), overruled on other grounds by State v. Pitts, 103 N.M. 778, 780 , 714 P.2d 582, 584 (1986).
discussed Cited as authority (rule) State v. Trevino (2×)
N.M. Ct. App. · 1991 · confidence medium
State v. Pitts, 103 N.M. 778, 780 , 714 P.2d 582, 584 (1986).
discussed Cited "see" State v. Elliot (2×)
N.M. Ct. App. · 2024 · signal: see · confidence high
See State v. Cuevas, 1980- NMSC-101, ¶ 4, 94 N.M. 792 , 617 P.2d 1307 (even though alcohol was bought and served by someone else, demonstrating how to drink to minors and thereby encouraging drinking was sufficient to convict the defendant of CDM), overruled in part on other grounds by State v. Pitts, 1986-NMSC-011 , ¶ 9, 103 N.M. 778 , 714 P.2d 582 . {21} We see no error in the jury’s finding that Defendant’s actions “helped” Victim drink alcohol, and that his actions “caused or encouraged [Victim] to conduct herself in a manner injurious to her morals, health, or welfare,” incl…
discussed Cited "see" State v. Elliott
N.M. Ct. App. · 2024 · signal: see · confidence high
See State 11 v. Cuevas, 1980-NMSC-101 , ¶ 4, 94 N.M. 792 , 617 P.2d 1307 (even though alcohol 12 was bought and served by someone else, demonstrating how to drink to minors and 13 thereby encouraging drinking was sufficient to convict the defendant of CDM), 14 overruled in part on other grounds by State v. Pitts, 1986-NMSC-011 , ¶ 9, 103 N.M. 15 778, 714 P.2d 582 . 16 {21} We see no error in the jury’s finding that Defendant’s actions “helped” Victim 17 drink alcohol, and that his actions “caused or encouraged [Victim] to conduct herself 18 in a manner injurious to her morals, heal…
discussed Cited "see" State v. Luna
N.M. Ct. App. · 2018 · signal: see · confidence high
See State v. Pitts, 1986-NMSC-011 , ¶ 10, 103 N.M. 778 , 714 P.2d 15 582 (explaining that New Mexico courts have “recognized that the intent of the 16 Legislature in enacting [the CDM statute] was to extend the broadest possible 17 protection to children, who may be led astray in innumerable ways”); State v. 18 McKinley, 1949-NMSC-010 , ¶ 12, 53 N.M. 106 , 202 P.2d 964 (“The ways and means 19 by which the venal mind may corrupt and debauch the youth of our land, both male 11 1 and female, are so multitudinous that to compel a complete enumeration in any statute 2 designed for protectio…
discussed Cited "see" State v. Luna
N.M. Ct. App. · 2017 · signal: see · confidence high
See State v. Pitts, 1986-NMSC-011 , ¶ 10, 103 N.M. 778 , 714 P.2d 12 582 (explaining that New Mexico courts have “recognized that the intent of the 13 Legislature in enacting [the CDM statute] was to extend the broadest possible 14 protection to children, who may be led astray in innumerable ways”); State v. 15 McKinley, 1949-NMSC-010 , ¶ 12, 53 N.M. 106 , 202 P.2d 964 (“The ways and means 16 by which the venal mind may corrupt and debauch the youth of our land, both male 17 and female, are so multitudinous that to compel a complete enumeration in any statute 18 designed for protection…
discussed Cited "see" State v. Barrera (2×)
N.M. · 2001 · signal: see · confidence high
See State v. Favela, 91 N.M. 476, 477 , 576 P.2d 282, 283 (1978) (“The Legislature of New Mexico made it abundantly clear that the Children’s Code applied to juveniles and not to adults.”), overruled on other grounds by State v. Pitts, 103 N.M. 778, 780 , 714 P.2d 582, 584 (1986); cf. State v. Setser, 1997-NMSC-004, ¶¶ 11-15 , 122 N.M. 794 , 932 P.2d 484 (rejecting a claim by a sixteen-year-old child that her mental age, rather than her physical age, should be the proper measure for applying the standards in section 32A-2-14).
discussed Cited "see" State v. Corbin (2×)
N.M. Ct. App. · 1991 · signal: see · confidence high
See generally State v. Pitts, 103 N.M. 778, 780 , 714 P.2d 582, 584 (1986) (intent of NMSA 1978, Section 30-6-3 (Repl.Pamp.1984) is “to extend the broadest possible protection to children, who may be led astray in innumerable ways”); State v. McKinley, 53 N.M. 106 , 202 P.2d 964 (1949) (common sense of decency, propriety, and morality sufficient to apply statute to each case and determine what conduct is criminal under the statute).
examined Cited "see" State v. Jonathan M. (4×)
N.M. · 1990 · signal: see · confidence high
See generally State v. Favela, 91 N.M. 476 , 576 P.2d 282 (1978) (Children's Code establishes system of treatment, care and rehabilitation for children who have committed delinquent acts), overruled on other grounds, State v. Pitts, 103 N.M. 778 , 714 P.2d 582 (1986).
discussed Cited "see" Montez v. J & B RADIATOR, INC. (2×)
N.M. Ct. App. · 1989 · signal: see · confidence high
See State v. Pitts, 103 N.M. 778 , 714 P.2d 582 (1986); New Mexico Beverage Co. v. Blything, 102 N.M. 533 , 697 P.2d 952 (1985).
discussed Cited "see" Security Escrow Corp. v. State of Taxation & Revenue Department (2×)
N.M. Ct. App. · 1988 · signal: see · confidence high
See State v. Pitts, 103 N.M. 778 , 714 P.2d 582 (1986); New Mexico Beverage Co. v. Blything, 102 N.M. 533 , 697 P.2d 952 . (1985).
discussed Cited "see, e.g." State v. Chavez (2×)
N.M. Ct. App. · 2008 · signal: see also · confidence low
See id. ¶ 14 (holding that because the defendant committed “one continuous act” of DWI with multiple children in her vehicle who were also not restrained by seat-belts, the defendant was subject to punishment for only one conviction for child abuse despite fact that there were multiple victims of the abuse); see also State v. Cuevas, 94 N.M. 792, 794 , 617 P.2d 1307, 1309 (1980) (holding that despite the fact that numerous juveniles were present, the defendant’s conduct constituted only one act of contributing to the delinquency of a minor where the facts did not indicate any difference…
discussed Cited "see, e.g." Robinson v. State
Nev. · 1994 · signal: see also · confidence low
See In re Frederick, 604 P.2d 953, 954 (Wash. 1980) (juvenile offender could not be convicted of first-degree escape because statutory definition specifically required that individual be an adult); see also State v. Pitts, 714 P.2d 582 (N.M. 1986) (whether or not a minor can be convicted of a crime hinges upon particular language of applicable statute).
STATE of New Mexico, Petitioner,
v.
William Wayne PITTS, Respondent
15919.
New Mexico Supreme Court.
Feb 18, 1986.
714 P.2d 582
Paul Bardacke, Atty. Gen., Barbara F. Green, Asst. Atty. Gen., Santa Fe, for petitioner., Janet Clow, Chief Public Defender, Lynn Fagan, Asst. Appellate Defender, Santa Fe, for respondent.
Stowers, Riordan, Federici, Sosa, Walters.
Cited by 39 opinions  |  Published
2 passages pin-cited by 3 cases
Pinpoint authority: bottom 91%
Citer courts: New Mexico Court of Appeals (3)

Lead Opinion

OPINION

STOWERS, Justice.

The case before us today was initiated as a delinquency proceeding in children’s court. Defendant William Wayne Pitts was seventeen years and eight months old at the time of the sexual offenses in question, and the victim was a twelve-year-old boy. The proceeding was transferred to district court for criminal prosecution, pursuant to NMSA 1978, Section 32-1-30 (Repl.Pamp.1981). Defendant there was convicted of two counts of criminal sexual penetration of a minor, five counts of contributing to the delinquency of a minor, and three counts of criminal sexual contact of a minor.

Defendant appealed his convictions on several grounds. The Court of Appeals reversed and remanded to children’s court, holding that defendant had been denied the effective assistance of counsel both in the children’s court and the district court proceedings. That decision is not challenged in this Court. The Court of Appeals also held that the district court should have dismissed the charges of contributing to the delinquency of a minor because, as a matter of law under NMSA 1978, Section 30-6-3 (Repl.Pamp.1984), no minor can be convicted of that offense. We granted certiorari to review this holding, and we reverse.

Section 30-6-3 states:

Contributing to delinquency of minor consists of any person committing any act, or omitting the performance of any duty, which act or omission causes, or tends to cause or encourage the delinquency of any person under the age of eighteen years.
Whoever commits contributing to delinquency of minor is guilty of a fourth degree felony. (Emphasis added.)

The Court of Appeals, citing cases from other jurisdictions and a law review article, decided that this statutory language required construction. It held that the legislative intent in enacting Section 30-6-3 was to protect children from harmful adult conduct. It therefore construed “any person” and “whoever” to mean any adult human being.

The intent of the Legislature is to be sought first in the meaning of the words used, and when they are free from ambiguity no other means of interpretation should be resorted to. Arnold v. State, 94 N.M. 381, 383-84, 610 P.2d 1210, 1212-13 (1980). We believe the Court of Appeals here exceeded its authority, for “it is not the business of the courts to look beyond the plain meaning of the words of a clearly drafted statute in an attempt to divine the intent of the Legislature.” State v. Ellenberger, 96 N.M. 287, 288, 629 P.2d 1216, 1217 (1981).

The Criminal Code, NMSA 1978, Sections 30-1-1 to 30-28-3 (Repl.Pamp.1984), defines “person” as any human being or legal entity. NMSA 1978, § 30-l-12(E) (Repl. Pamp.1984). The Legislature clearly limited that definition to human beings when it employed the phrase “any person under the age of eighteen.” See NMSA 1978, § 30-6-3 (Repl.Pamp.1984); see also NMSA 1978, § 12-2-2 (rules of construction). On the other hand, the Legislature did not choose to modify or limit that definition when it used the phrases “any person committing any act” and “whoever commits.” See NMSA 1978, § 30-6-3 (Repl.Pamp. 1984).

We do not believe that the unambiguous language of this statute requires judicial construction. We cannot agree with the Court of Appeals interpretation, which requires us to read the words “adult” and “human being” into phrases the Legislature used without limitation. We hold that a minor can be prosecuted under Section 30-6-3, and can be convicted of contributing to the delinquency of a minor.

Our conclusion would be no different if we assumed, for the sake of argument, that the statute is ambiguous and that statutory interpretation is appropriate. We disagree with the Court of Appeals reading of the statute, the precedents, and the Legislature’s intent. First, the fact that the offense in question was placed in Article 6 of the Criminal Code among “Crimes Against Children and Dependents” is utterly irrelevant to our consideration of who properly may be prosecuted under the statute.

Secondly, neither in State v. Favela, 91 N.M. 476, 576 P.2d 282 (1978), nor in State v. Cuevas, 94 N.M. 792, 617 P.2d 1307 (1980), did this Court hold that the contributing to delinquency statute authorizes only the prosecution of adults. Because the defendant in each case was an adult, the question before us now did not arise. In mere dicta, each opinion did state, however, that the legislative purpose of the statute is to protect children from harmful adult conduct. Favela, 91 N.M. at 477, 576 P.2d at 283; Cuevas, 94 N.M. at 794, 617 P.2d at 1309. To the extent Favela and Cuevas suggest that the statute is addressed only to adult conduct, they are overruled.

Finally, this Court has long recognized that the intent of the Legislature in enacting Section 30-6-3 and its predecessors was to extend the broadest possible protection to children, who may be led astray in innumerable ways. In order to realize this legislative purpose, we have consistently rejected narrow constructions of the statute that would limit its usefulness in protecting children. See State v. McKinley, 53 N.M. 106, 111, 202 P.2d 964, 967 (1949).

This Court has held the statute constitutional despite the vagueness of its description of the proscribed acts and omissions. State v. McKinley. Our Court of Appeals similarly has rejected a vagueness challenge arguing that an inattentive parent might be convicted as “any person” contributing to the delinquency of a minor. State v. Mascarenas, 84 N.M. 153, 500 P.2d 438 (Ct.App.1972) (Sutin, J., specially concurring). Furthermore, we have tacitly approved the Court of Appeals holding that the statute is constitutional although it imposes criminal sanctions for acts committed without criminal intent. State v. Lucero, 98 N.M. 204, 206, 647 P.2d 406, 408 (1982) (citing State v. Gunter, 87 N.M. 71, 529 P.2d 297 (Ct.App.), cert. denied, 87 N.M. 48, 529 P.2d 274 (1974), cert. denied, 421 U.S. 951, 95 S.Ct. 1686, 44 L.Ed.2d 106 (1975)).

In short, even if we considered statutory interpretation necessary in this case, we would disagree with the Court of Appeals conclusion that the statute authorizes the prosecution of adults only. In light of the statute’s protective purpose, we believe it defies reason to infer that the Legislature intended to exclude acts of minors against minors when it chose to punish “any person” who contributed to the delinquency of a minor.

For the reasons stated, we hold that a minor, properly transferred from children’s court to district court, may be tried and convicted of contributing to the delinquency of a minor under Section 30-6-3. We therefore reverse that portion of the Court of Appeals decision holding that the trial court erred in denying defendant’s motion to dismiss the charges of contributing to the delinquency of a minor. This case is remanded to the Court of Appeals for orders consistent with this opinion.

IT IS SO ORDERED.

RIORDAN, C.J., and FEDERICI, J., concur. SOSA, Senior Justice, not participating. WALTERS, Justice, specially concurs.

Concurrence

WALTERS, Justice

(specially concurring.)

I agree with all my colleagues have said regarding the meaning and effect of Section 30-6-3. I write this special concurrence merely to suggest that we acknowledge the correctness of the opinion of the Court of Appeals regarding ineffective assistance of counsel, which will require reversal for a new trial.