New Mexico Statutes

N.M. Stat. § 30-1-1 (2026)

Name and effective date of code.

✓ current as of May 2026
Find cases: SyfertCases citing this section NM-LEGnmonesource.com JustiaChapter on Justia CornellLII Search CasesGoogle Scholar
This act is called and may be cited as the "Criminal Code". It shall become effective
on July 1, 1963.

History: 1953 Comp., § 40A-1-1, enacted by Laws 1963, ch. 303, § 1-1.

                                      ANNOTATIONS

Meaning of "this act". — The words "this act" refer to Laws 1963, ch. 303, which
enacted the original Criminal Code. Most of the provisions of Laws 1963, ch. 303, that
have not been repealed are compiled in arts. 1 to 28 of this chapter, but some are
compiled in Chapter 31. See the Table of Disposition of Acts. In addition, the Criminal
Code includes later acts in which the legislature specifically stated its intention to add to
the Criminal Code.

Law reviews. — For article, "The Proposed New Mexico Criminal Code," see 1 Nat.
Resources J. 122 (1961)

For article, "Survey of New Mexico Law, 1982-83: Criminal Law," see 14 N.M.L. Rev. 89
(1984).

For symposium, "The Impact of the Equal Rights Amendment on the New Mexico
Criminal Code," see 3 N.M.L. Rev. 106 (1973).

For article, "Survey of New Mexico Law, 1982-83: Criminal Law," see 14 N.M.L. Rev. 89
(1984).

For comment, "Survey of New Mexico Law: Criminal Law," see 15 N.M.L. Rev. 231
(1985).

For article, "Coopting the Journalist's Privilege: Of Sources and Spray Paint," see 23
N.M.L. Rev. 435 (1993).

For note and comment, "Criminal Procedure — A Criminal Defendant is Entitled to a
Specific Jury Instruction When Supporting Evidence Exists: State v. Arias," see 24
N.M.L. Rev. 485 (1994).
For article, "The Cultural Defense and the Problem of Cultural Preemption: A
Framework for Analysis," see 27 N.M.L. Rev. 101 (1997).

For note, "Criminal Procedure — New Mexico Court of Appeals Defines the Scope of a
Lawful Inventory Search of a Detainee Under the New Mexico Detoxification Act —
State v. Johnson," see 28 N.M.L. Rev. 115 (1998).

For note, "Criminal Law — Home Alone: Why House Arrest Doesn't Qualify for
Presentence Confinement Credit in New Mexico — State v. Fellhauer," see 28 N.M.L.
Rev. 519 (1998).

For note and comment, "State v. Urioste: A Prosecutor's Dream and Defendant's
Nightmare," see 34 N.M.L. Rev. 517 (2004).

For article, "Criminal Justice and the 2003-2004 United States Supreme Court Term",
see 35 N.M.L. Rev. 123 (2005).

For article, "Reflections on Fifteen Years of the Teague v. Lane Retroactivity Paradigm:
A Study of the Persistence, the Pervasiveness and Perversity of the Court's Doctrine",
see 35 N.M.L. Rev. 161 (2005).

For note and comment, "Immigration Consequences of Guilty Pleas: What State v.
Paredez Means to New Mexico Criminal Defendants and Defense Attorneys," see 36
N.M.L. Rev. 603 (2006).

For article, "Developing a State Constitutional Law Strategy in New Mexico Criminal
Prosecutions," see 39 N.M.L. Rev, 407 (2009).
Notes of Decisions
Cited in 13 cases (2 in the last 5 years), 1977–2025 · leading case: State v. Ogden, 880 P.2d 845 (N.M. 1994).
State v. Ogden, 880 P.2d 845 (N.M. 1994). · cites it 5× “See Compiler’s Note to NMSA 1978, § 30-1-1 (Repl.Pamp.1984). Because Section 31-20A-5 was not passed until 1979, it is not one of those Chapter 31 sections that are part of the Criminal Code due to original placement there.”
State v. Torres, 141 P.3d 1284 (N.M. Ct. App. 2006). · cites it 2× “A person convicted of a noncapital felony in this state whether within the Criminal Code [NMSA 1978, § 30-1-1] or the Controlled Substances Act [NMSA 1978, § 30-31-1] or not who has incurred one prior felony conviction that was part of a separate transaction or occurrence or…”
State v. Pitts, 714 P.2d 582 (N.M. 1986). · cites it 2× “" See NMSA 1978, § 30-6-3 (Repl.Pamp. 1984); see also NMSA 1978, § 12-2-2 (rules of construction).”
State v. Russell, 823 P.2d 921 (N.M. Ct. App. 1991). · cites it 4× “1990); see also NMSA 1978, § 30-1-1 (Repl.Pamp. 1984). [5] Compare NMSA 1978, § 66-1-4.”
State v. Willis, 652 P.2d 1222 (N.M. Ct. App. 1982). · cites it 2× “303, see § 30-1-1, N.M.S.A. 1978, the Legislature defined the killing of an unborn infant child as murder (Laws 1907, ch.”
State v. Jim, 765 P.2d 195 (N.M. Ct. App. 1988). “Section 30-1-12 is the definitional section of the Criminal Code, NMSA 1978, Sections 30-1-1 to 30-28-3 (Repl.Pamp.1984 & Cum.”
State v. Martinez, 137 P.3d 1195 (N.M. Ct. App. 2006). “Review of the criminal code, NMSA 1978, Sections 30-1-1 to 30-28-3 (1963, as amended through 2005) defines a “person” as “any human being or legal entity[.”
State v. Bejar, 717 P.2d 591 (N.M. Ct. App. 1986). · cites it 2× “The Controlled Substances Act, NMSA 1978, Sections 30-31-1 to -40 (Repl.Pamp.1980 & Cum.Supp.”
State v. Parvilus, 2014 NMSC 028 (N.M. 2014). · cites it 2× “There is no reference to Section 40-3-3 in the burglary statutes, NMSA 1978, §§ 30-16-3 to -4 (1963, as amended through 1971), or anywhere else in the Criminal Code, NMSA 1978, §§ 30-1-1 to -53-3 (1963, as amended through 2014), which is compiled as the Criminal Offenses chapter.”
State v. Parvilus, 2014 NMSC 28 (N.M. 2014). · cites it 2× “…and are codified in the Domestic Affairs chapter of our current laws. See NMSA 1978, §§ 40-1-1 to 40-15-4 (1859, as amended through 2013). There is no reference to Section 40-3-3 in the burglary statutes, NMSA 1978, §§ 30-16-3 to -4 (1963, as amended through 1971), or…”
State v. Ensor (N.M. Ct. App. 2025). · cites it 2× “The Criminal Code, NMSA 1978, §§ 30-1-1 to -53-1 (1882, 3 1 as amended through 2024), establishes (1) classifications for those crimes—whether 2 the crime is a felony, misdemeanor, or petty misdemeanor, see § 30-1-5; and (2) the 3 degree for each felony classification, often…”
State v. Herrera (N.M. Ct. App. 2023). · cites it 2× “Restitution {17} In light of the foregoing, we agree with Defendant that the restitution order requiring her to pay for all nine fraudulent transactions cannot stand. The victim restitution statute, NMSA 1978, Section 31-17-1(A) (2005), provides “that restitution be made by each…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.