New Mexico Statutes
N.M. Stat. § 24-34-4 (2026)
Enforcement; penalties.
✓ current as of May 2026
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A. The attorney general or a district attorney may institute a civil action in district
court if the attorney general or district attorney has reasonable cause to believe that a
violation has occurred or to prevent a violation of the Reproductive and Gender-
Affirming Health Care Freedom Act from occurring.
B. In any action brought under Subsection A of this section, the court may award
appropriate relief, including temporary, preliminary or permanent injunctive relief. The
court may assess a civil penalty for a violation of the Reproductive and Gender-
Affirming Health Care Freedom Act in the amount of five thousand dollars ($5,000) or
actual damages resulting from each violation, whichever is greater.
C. Claims pursuant to the Reproductive and Gender- Affirming Health Care
Freedom Act may be brought against public bodies and entities acting in the course and
scope of authority of a public body, but not against an individual.
History: Laws 2023, ch. 11, § 4.
ANNOTATIONS
Effective dates. — Laws 2023, ch. 11 contained no effective date provision, but,
pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after
adjournment of the legislature.Notes of Decisions
Cited in 1
case (1 in the last 5 years), 2023–2023 · leading case: L. W. v. Jonathan Skrmetti, 83 F.4th 460 (6th Cir. 2023).
L. W. v. Jonathan Skrmetti, 83 F.4th 460 (6th Cir. 2023). “326; N.M. Stat. Ann. § 24-34-4 ; N.Y. Educ. § 6531 -b(2); H.”
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