N.M. Stat. » N.M. Stat. / Chapter 30 / Article 3
New Mexico Statutes

N.M. Stat. § 30-3-7 (2026)

Injury to pregnant woman.

✓ current as of May 2026
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A. Injury to [a] pregnant woman consists of a person other than the woman injuring
a pregnant woman in the commission of a felony causing her to suffer a miscarriage or
stillbirth as a result of that injury.

   B. As used in this section:

       (1)     "miscarriage" means the interruption of the normal development of the
fetus, other than by a live birth and which is not an induced abortion, resulting in the
complete expulsion or extraction from a pregnant woman of a product of human
conception; and

       (2)    "stillbirth" means the death of a fetus prior to the complete expulsion or
extraction from its mother, irrespective of the duration of pregnancy and which is not an
induced abortion; and death is manifested by the fact that after the expulsion or
extraction the fetus does not breathe spontaneously or show any other evidence of life
such as heart beat, pulsation of the umbilical cord or definite movement of voluntary
muscles.

   C. Whoever commits injury to [a] pregnant woman is guilty of a third degree felony
and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.

History: Laws 1985, ch. 239, § 1.

                                     ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not
part of the law.

Cross references. — For injury to pregnant woman by vehicle, see 66-8-101.1 NMSA
1978.
Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1994–2022 · leading case: State v. Santillanes, 27 P.3d 456 (N.M. 2001).
Sort: Relevance Newest Treatment
State v. Santillanes, 27 P.3d 456 (N.M. 2001). · cites it 12× “" NMSA 1978, § 30-3-7(A) (1985). This crime is a third degree felony.”
State v. Martinez, 137 P.3d 1195 (N.M. Ct. App. 2006). · cites it 5× “” See NMSA 1978, § 30-3-7 (2006) (stating that “[i]njury to [a] pregnant woman consists of a person other than the woman injuring a pregnant woman in the commission of a felony causing her to suffer a miscarriage or stillbirth as a result of that injury” (§ 30-3-7(A)), defining…”
People v. Davis, 872 P.2d 591 (Cal. 1994). · cites it 2× “§ 5-13-201 ; N.M. Stat. Ann. § 30-3-7 .) In Arkansas the offense is deemed first degree battery and is punishable by imprisonment for not less than five nor more than twenty years ( Ark.”
State v. Courchesne, 998 A.2d 1 (Conn. 2010). “§ 631:1 (2007) (person is guilty of first degree assault, which is class A felony, if he “[pjurposely or knowingly causes injury to another resulting in miscarriage or stillbirth”); N.M. Stat. § 30-3-7 (2004) (injury to pregnant woman resulting in stillbirth or miscarriage is…”
State v. Trejo-Vigil (N.M. Ct. App. 2022). · cites it 2× “rst degree kidnapping, contrary to NMSA 1978, Section 30-4-1(A) (2003); attempted first degree murder, contrary to NMSA 1978, Section 30-28-1 (1963) and NMSA 1978, Section 30-2-1(A)(1) (1994); five counts of aggravated battery with a deadly weapon against a household member,…”
— N.M. Stat. § 30-3-7(A) — 2 cases
State v. Santillanes, 27 P.3d 456 (N.M. 2001). “" NMSA 1978, § 30-3-7(A) (1985). This crime is a third degree felony.”
State v. Martinez, 137 P.3d 1195 (N.M. Ct. App. 2006). “” See NMSA 1978, § 30-3-7 (2006) (stating that “[i]njury to [a] pregnant woman consists of a person other than the woman injuring a pregnant woman in the commission of a felony causing her to suffer a miscarriage or stillbirth as a result of that injury” (§ 30-3-7(A)), defining…”
— N.M. Stat. § 30-3-7(B)(1) — 1 case
State v. Martinez, 137 P.3d 1195 (N.M. Ct. App. 2006). “” See NMSA 1978, § 30-3-7 (2006) (stating that “[i]njury to [a] pregnant woman consists of a person other than the woman injuring a pregnant woman in the commission of a felony causing her to suffer a miscarriage or stillbirth as a result of that injury” (§ 30-3-7(A)), defining…”
— N.M. Stat. § 30-3-7(B)(2) — 1 case
State v. Martinez, 137 P.3d 1195 (N.M. Ct. App. 2006). “” See NMSA 1978, § 30-3-7 (2006) (stating that “[i]njury to [a] pregnant woman consists of a person other than the woman injuring a pregnant woman in the commission of a felony causing her to suffer a miscarriage or stillbirth as a result of that injury” (§ 30-3-7(A)), defining…”
— N.M. Stat. § 30-3-7(C) — 1 case
State v. Santillanes, 27 P.3d 456 (N.M. 2001). “" NMSA 1978, § 30-3-7(A) (1985). This crime is a third degree felony.”
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