N.M. Stat. » N.M. Stat. / Chapter 30 / Article 22
New Mexico Statutes

N.M. Stat. § 30-22-4 (2026)

Harboring or aiding a felon.

✓ current as of May 2026
Find cases: SyfertCases citing this section NM-LEGnmonesource.com JustiaChapter on Justia CornellLII Search CasesGoogle Scholar 
Harboring or aiding a felon consists of any person, not standing in the relation of
husband or wife, parent or grandparent, child or grandchild, brother or sister by
consanguinity or affinity, who knowingly conceals any offender or gives such offender
any other aid, knowing that he has committed a felony, with the intent that he escape or
avoid arrest, trial, conviction or punishment.

    In a prosecution under this section it shall not be necessary to aver, nor on the trial
to prove, that the principal felon has been either arrested, prosecuted or tried.

   Whoever commits harboring or aiding a felon is guilty of a fourth degree felony.

History: 1953 Comp., § 40A-22-4, enacted by Laws 1963, ch. 303, § 22-4.

                                       ANNOTATIONS
Constitutionality. — This section is not unconstitutional for vagueness. State v.
Rogers, 1980-NMCA-059, 94 N.M. 527, 612 P.2d 1338, cert. denied, 94 N.M. 629, 614
P.2d 546 .

Common law. — This section grew out of the common law of accessories after the fact.
State v. Martinez, 1989-NMCA-047, 109 N.M. 34, 781 P.2d 306, cert. denied, 108 N.M.
668, 777 P.2d 907.

The offense of harboring a felon had its genesis in the common law offense of
accessory after the fact. State v. Gardner, 1991-NMCA-058, 112 N.M. 280, 814 P.2d
458, cert. denied, 112 N.M. 235, 814 P.2d 103.

Classifications reasonable. — Exemption of certain named groups of persons from
application of this section on the basis of relationship to the felon are reasonable
classifications and do not violate the equal protection clauses of the New Mexico and
United States constitutions. State v. Lucero, 1975-NMSC-061, 88 N.M. 441, 541 P.2d
430.

Elements of offense. — Under this section and the common law applicable to
accessories, in order to convict a defendant as an accessory, the state must prove that
a felony has been committed and that the defendant knew the offender committed a
felony. State v. Gardner, 1991-NMCA-058, 112 N.M. 280, 814 P.2d 458, cert. denied,
112 N.M. 235, 814 P.2d 103.

This section requires that the state prove that a specific felony has been committed,
whether or not the perpetrator has been arrested, prosecuted, or tried. State v. Gardner,
1991-NMCA-058, 112 N.M. 280, 814 P.2d 458, cert. denied, 112 N.M. 235, 814 P.2d
103.

State failed to prove that defendant knew that the person that she allegedly "harbored"
had committed a felony; the state had to prove that the person had actually committed
the felony, and also had to prove that defendant knew that such felony had been
committed by that person. State v. Maes, 2003-NMCA-054, 133 N.M. 536, 65 P.3d 584,
cert. denied, 133 N.M. 593, 66 P.3d 962.

To aid means to assist, support or help. State v. Lucero, 1975-NMSC-061, 88 N.M.
441, 541 P.2d 430.

"Felon". — The legislature intended to include, within the meaning of the word "felon",
felons already convicted but who are wanted for punishment as well as persons who
have committed a felony but who have not been arrested, prosecuted, or tried. State v.
Serna, 1991-NMCA-102, 112 N.M. 738, 819 P.2d 688.

A felony under this section is a crime defined at law as a felony; the status of the person
harbored or aided, such as a juvenile, is not the determinant. State v. Contreras, 2002-
NMCA-031, 131 N.M. 651, 41 P.3d 919, cert. denied, 131 N.M. 737, 42 P.3d 842.
If revealing felon would also reveal spouse. — This section does not exempt a
defendant from prosecution where she could not have revealed the presence of a felon
in her house without also revealing the presence of her husband, another felon. State v.
Mobbley, 1982-NMCA-122, 98 N.M. 557, 650 P.2d 841, cert. denied, 98 N.M. 590, 651
P.2d 636.

Crimes of harboring felon and conspiracy to harbor felon do not merge. State v.
Smith, 1985-NMCA-011, 102 N.M. 512, 697 P.2d 512, cert. denied.

Harboring does not supersede crime of assisting escape. — The offense of
harboring or aiding a felon was not meant to supersede the crime of assisting escape.
State v. Martinez, 1989-NMCA-047, 109 N.M. 34, 781 P.2d 306, cert. denied, 108 N.M.
668, 777 P.2d 907.

Evidence sufficient. — Evidence that defendant's girl friend, with whom he lived, was
present and witnessed shootings by him (even though she claimed not to have seen
gun or observed shootings), was with defendant at the place of the shootings afterwards
and later at the house in which they were apprehended, that she undertook to close
door upon the arresting officer, and that she ran toward the front of the house while
defendant secreted himself in a closet, together with all inferences reasonably deducible
therefrom, supported conviction for aiding defendant with intent that he escape or avoid
arrest. State v. Lucero, 1975-NMSC-061, 88 N.M. 441, 541 P.2d 430.

Law reviews. — For article, "The Advocate's Role in the Legal System," see 6 N.M.L.
Rev. 1 (1975). State v. Maes, 2003-NMCA-054, 133 N.M. 536, 65 P.3d 584.

For annual survey of New Mexico law relating to criminal law, see 12 N.M.L. Rev. 229
(1982).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Harboring Criminals, § 1
et seq.
Notes of Decisions
Cited in 18 cases (2 in the last 5 years), 1980–2024 · leading case: State v. Martinez, 781 P.2d 306 (N.M. Ct. App. 1989).
Sort: Relevance Newest Treatment
State v. Martinez, 781 P.2d 306 (N.M. Ct. App. 1989). · cites it 46× “" NMSA 1978, § 30-22-4 (Repl.Pamp. 1984) (emphasis added).”
State v. Roybal, 54 P.3d 61 (N.M. 2002). · cites it 4× “Ernesto testified on cross that he knew that harboring a felon was a crime, see NMSA 1978, § 30-22-4 (1963), that he had in fact committed that crime by taking in Defendant and Ricky, and that he did not want to return to prison.”
State v. Mobbley, 650 P.2d 841 (N.M. Ct. App. 1982). · cites it 22× “The criminal information charged that defendant did “knowingly aid Andrew Needham knowing that he had committed a felony with the intent that he escape arrest, trial, conviction and punishment, contrary to Section 30-22-4, NMSA 1978.” The attorneys agreed as to certain facts;…”
State v. Contreras, 41 P.3d 919 (N.M. Ct. App. 2002). · cites it 22× “This case presents us with a question of first impression: does harboring a juvenile offender, who is not subject to conviction as a felon but whose conduct is classifiable as a felony under the laws of the State of New Mexico, fall within the scope of Section 30-22-4.”
State v. Contreras, 2002 NMCA 031 (N.M. Ct. App. 2002). · cites it 22× “{1} Defendant Ginnie Contreras appeals her conviction of harboring a felon contrary to NMSA 1978, § 30-22-4 (1963), arguing that her conviction cannot stand because she harbored a juvenile and juveniles can never be considered felons.”
Poolaw v. Marcantel, 565 F.3d 721 (10th Cir. 2009). · cites it 4× “See N.M. Stat. Ann. § 30-22-4 ("Harboring or aiding a felon consists of any person, not standing in the relation of husband or wife, parent or grandparent, child or grandchild, brother or sister by consanguinity or affinity, who knowingly conceals any offender or gives such…”
State v. Cheadle, 681 P.2d 708 (N.M. 1984). · cites it 4× “NMSA 1978, § 30-22-4. Outside the presence of the jury, Archie took the stand and indicated that if he was called to testify, he would only state his name and address.”
State v. Maes, 65 P.3d 584 (N.M. Ct. App. 2003). · cites it 6× “DISCUSSION {2} Defendant was convicted of harboring Brandon Cordova in violation of NMSA 1978, § 30-22-4 (1963). Section 30-22-4 defines harboring a felon as “knowingly eonceal[ing] any offender or giv[ing] such offender any other aid, knowing that he has committed a felony,…”
State v. Gardner, 814 P.2d 458 (N.M. Ct. App. 1991). · cites it 6× “1989), and conspiracy to harbor a felon, contrary to NMSA 1978, Sections 30-22-4 and 30-28-2 (Repl.Pamp.1984).”
State v. Smith, 697 P.2d 512 (N.M. Ct. App. 1985). · cites it 3× “Defendant appeals from the judgment entered on her plea of no contest to charges of harboring a felon and conspiracy to harbor a felon, contrary to NMSA 1978, Sections 30-22-4 and 30-28-2 (Repl. Pamp.”
Manzanares v. Higdon, 575 F.3d 1135 (10th Cir. 2009). “§ 30-1-13, and aiding a felon to avoid arrest, see N.M. Stat. § 30-22-4. Higdon lacked probable cause for these crimes as well.”
State v. Rogers, 612 P.2d 1338 (N.M. Ct. App. 1980). · cites it 4× “Defendant was convicted of harboring or aiding a felon, in violation of § 30-22-4, N.M.S.A.1978. He claims on appeal that the indictment should have been dismissed on his pretrial motion, or a verdict of acquittal directed after trial, because his conduct was not of the type…”
Show all 18 citing cases →
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.