New Mexico Statutes

N.M. Stat. § 29-21-2 (2026)

Profiling practices prohibited.

✓ current as of May 2026

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A. In conducting a routine or spontaneous investigatory activity, including an
interview, a detention, a traffic stop, a pedestrian stop, a frisk or other type of bodily
search or a search of personal or real property, or in determining the scope, substance
or duration of the routine or spontaneous investigatory activity, a law enforcement
agency or a law enforcement officer shall not rely on race, ethnicity, color, national
origin, language, gender, gender identity, sexual orientation, political affiliation, religion,
physical or mental disability or serious medical condition, except in a specific suspect
description related to a criminal incident or suspected criminal activity, to select a
person for or subject a person to the routine or spontaneous investigatory activity.

    B. In conducting an investigatory activity in connection with an investigation, a law
enforcement agency or a law enforcement officer shall not rely on race, ethnicity, color,
national origin, language, gender, gender identity, sexual orientation, political affiliation,
religion, physical or mental disability or serious medical condition, except to the extent
that credible information, relevant to the locality or time frame, links a person with those
identifying characteristics to an identified criminal incident or criminal activity.

History: Laws 2009, ch. 177, § 2.

                                       ANNOTATIONS

Effective dates. — Laws 2009, ch. 177, § 2 was effective June 19, 2009.

Notes of Decisions

Cited in 4 cases, 2013–2013 · leading case: Elane Photography, LLC v. Willock, 2013 NMSC 040 (N.M. 2013).

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Elane Photography, LLC v. Willock, 2013 NMSC 040 (N.M. 2013). · cites it 4× “3d 1235 , and the NMHRA evinces a clear intent to prevent discrimination as it is broadly defined in Section 28-1-7(F). New Mexico has a strong state policy of promoting equality for its residents regardless of sexual orientation.”

Griego v. Oliver, 2014 NMSC 003 (N.M. 2013). · cites it 3× “See NMSA 1978, § 29-21-2 (2009) (prohibiting profiling by law enforcement officers on the basis of sexual orientation as well as other characteristics); NMSA 1978, § 31-18B-2(D) (2007) (including sexual orientation as a protected status under the Hate Crimes Act, NMSA 1978, §§…”

Griego v. Oliver, 2014 NMSC 3 (N.M. 2013). · cites it 3× “In this case, we are concerned with those individuals who want to marry someone of the same gender, whether they are homosexual, bisexual, or transgender.”

Elane Photography, LLC v. Willock, 2013 NMSC 40 (N.M. 2013). · cites it 2× “3d 1235 , and the NMHRA evinces a clear intent to prevent discrimination as it is broadly defined in Section 28-1-7(F). New Mexico has a strong state policy of promoting equality for its residents regardless of sexual orientation.”

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