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New Mexico Statutes

N.M. Stat. § 30-3-11 (2026)

Definitions.

✓ current as of May 2026
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As used in the Crimes Against Household Members Act:
    A. "household member" means a spouse, former spouse, parent, present or former
stepparent, present or former parent in-law, grandparent, grandparent-in-law, a co-
parent of a child or a person with whom a person has had a continuing personal
relationship. Cohabitation is not necessary to be deemed a household member for the
purposes of the Crimes Against Household Members Act;

   B. "continuing personal relationship" means a dating or intimate relationship;

   C. "strangulation" means the unlawful touching or application of force to another
person's neck or throat with intent to injure that person and in a manner whereby great
bodily harm or death can be inflicted, the result of which impedes the person's normal
breathing or blood circulation; and

   D. "suffocation" means the unlawful touching or application of force that blocks the
nose or mouth of another person with intent to injure that person and in a manner
whereby great bodily harm or death can be inflicted, the result of which impedes the
person's normal breathing or blood circulation.

History: Laws 1995, ch. 221, § 2; 2008, ch. 16, § 1; 2010, ch. 85, § 1; 2018, ch. 30, § 1.

                                    ANNOTATIONS

The 2018 amendment, effective July 1, 2018, added definitions of "strangulation" and
"suffocation" to the Crimes Against Household Members Act; added Subsections C and
D.

The 2010 amendment, effective July 1, 2010, in Subsection A, after "former spouse",
deleted "or family member, including a relative"; after second instance of "present or
former", added "parent"; and after "parent in-law", added "grandparent, grandparent-in-
law".

The 2008 amendment, effective July 1, 2008, added the definition of "continuing
personal relationship" in Subsection B.

Minor child of accused is not included in the definition of "household member". State
v. Stein, 1999-NMCA-065, 127 N.M. 362, 981 P.2d 295.

Adult children — A plain reading of this section supports a conclusion that the
definition of "household member" includes adult children of the accused. State v.
Montoya, 2005-NMCA-005, 136 N.M. 674, 104 P.3d 540, cert. quashed, 2005-
NMCERT-011, 138 N.M. 586, 124 P.3d 564.

Victim need not cohabit or reside with defendant in order to be a household
member. State v. Montoya, 2005-NMCA-005, 136 N.M. 674, 104 P.3d 540, cert.
quashed, 2005-NMCERT-011, 138 N.M. 586, 124 P.3d 564.
30-3-12. Assault against a household member.
   A. Assault against a household member consists of:

      (1)    an attempt to commit a battery against a household member; or

    (2)     any unlawful act, threat or menacing conduct that causes a household
member to reasonably believe that he is in danger of receiving an immediate battery.

   B. Whoever commits assault against a household member is guilty of a petty
misdemeanor.

History: Laws 1995, ch. 221, § 3.

                                    ANNOTATIONS

Effective dates. — Laws 1995, ch. 221, § 8 made the Crimes Against Household
Members Act effective on July 1, 1995.
Notes of Decisions
Cited in 17 cases (2 in the last 5 years), 1998–2026 · leading case: State v. Montoya, 104 P.3d 540 (N.M. Ct. App. 2005).
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State v. Montoya, 104 P.3d 540 (N.M. Ct. App. 2005). · cites it 58× “{24} NMSA 1978, § 30-3-11 (1995) should be strictly construed.”
State v. Stein, 981 P.2d 295 (N.M. Ct. App. 1999). · cites it 6× “See § 30-3-11. Therefore, the State did not prove all the elements of the charged offense, and Defendant's conviction must be reversed.”
State v. Barela, 2019 NMCA 5 (N.M. Ct. App. 2018). · cites it 2× “” Compare NMSA 1978, Section 30-3-11(A) (2010, amended 2018) (defining household member), with Section 30-3-17(A) (limiting crime to offenses against a “spouse, former spouse, a co-parent of a child, or a person with whom the offender has had a continuing personal relationship”).”
State v. Trujillo, 973 P.2d 855 (N.M. Ct. App. 1998). · cites it 2× “” The applicable definition of “household member” appears in NMSA 1978, § 30-3-11 (1995), but the definition tracks that in the Family Violence Protection Act, Section 40-13-2(D), except for deletion of the word “child.”
State v. Barela, 458 P.3d 501 (N.M. Ct. App. 2018). · cites it 2× “” 21 1 Compare NMSA 1978, Section 30-3-11(A) (2010, amended 2018) (defining 2 household member), with Section 30-3-17(A) (limiting crime to offenses against a 3 “spouse, former spouse, a co-parent of a child, or a person with whom the offender 4 has had a continuing personal…”
State v. Gutierrez, 2012 NMCA 95 (N.M. Ct. App. 2012). · cites it 2× “” NMSA 1978, § 30-3-11 (2008) (amended 2010).”
State v. Quintana, 218 P.3d 87 (N.M. Ct. App. 2009). · cites it 2× “” {24} NMSA 1978, Section 30-3-11 (1995) states: [H]ousehold member means a spouse, former spouse or family member, including a relative, parent, present or former stepparent, present or former in-law, a co-parent of a child or a person with whom a person has had a continuing…”
State v. Fike, 2002 NMCA 027 (N.M. Ct. App. 2002). · cites it 2× “” NMSA 1978, § 30-3-11 (1995). Both the victim and Defendant testified that they lived together in New Mexico for several weeks before the incidents occurred.”
State v. Fike, 41 P.3d 944 (N.M. Ct. App. 2002). · cites it 2× “" NMSA 1978, § 30-3-11 (1995). Both the victim and Defendant testified that they lived together in New Mexico for several weeks before the incidents occurred.”
State v. Gutierrez, 2012 NMCA 095 (N.M. Ct. App. 2012). · cites it 2× “” NMSA 1978, § 30-3-11 (2008) (amended 2010).”
State v. Chavez-Valdez (N.M. Ct. App. 2014). · cites it 4× “6 Sufficient Evidence of “Household Member” 7 {2} Defendant maintains that there was insufficient evidence to support the jury’s 8 conclusion that the victim was a “household member” as defined in NMSA 1978, 9 Section 30-3-11 (2010). Defendant’s memorandum in opposition asserts…”
State v. Rocha (N.M. Ct. App. 2023). · cites it 2× “See NMSA 1978, § 30-3-15(A) (2008); NMSA 1978, § 30-3-11(A) (2018) (including co-parent in definition of household member).”
Show all 17 citing cases →
— N.M. Stat. § 30-3-11(A) — 6 cases
State v. Barela, 2019 NMCA 5 (N.M. Ct. App. 2018). “” Compare NMSA 1978, Section 30-3-11(A) (2010, amended 2018) (defining household member), with Section 30-3-17(A) (limiting crime to offenses against a “spouse, former spouse, a co-parent of a child, or a person with whom the offender has had a continuing personal relationship”).”
State v. Barela, 458 P.3d 501 (N.M. Ct. App. 2018). “” 21 1 Compare NMSA 1978, Section 30-3-11(A) (2010, amended 2018) (defining 2 household member), with Section 30-3-17(A) (limiting crime to offenses against a 3 “spouse, former spouse, a co-parent of a child, or a person with whom the offender 4 has had a continuing personal…”
State v. Rocha (N.M. Ct. App. 2023). “See NMSA 1978, § 30-3-15(A) (2008); NMSA 1978, § 30-3-11(A) (2018) (including co-parent in definition of household member).”
State v. Flores (N.M. Ct. App. 2011).
State v. Reed (N.M. Ct. App. 2011).
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