N.M. Stat. » N.M. Stat. / Chapter 31 / Article 1
New Mexico Statutes

N.M. Stat. § 31-1-2 (2026)

Definitions.

✓ current as of May 2026
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Unless a specific meaning is given, as used in the Criminal Procedure Act:

   A. "accused" means any person charged with the violation of any law of this state
imposing a criminal penalty;

   B. "bail bond" is a contract between surety and the state to the effect that the
accused and the surety will appear in court when required and will comply with all
conditions of the bond;

   C. "defendant" means any person accused of a violation of any law of this state
imposing a criminal penalty;

   D. "felony" means any crime so designated by law or if upon conviction thereof a
sentence of death or of imprisonment for a term of one year or more is authorized;
   E. "person", unless a contrary intention appears, means any individual, estate, trust,
receiver, cooperative association, club, corporation, company, firm, partnership, joint
venture, syndicate or other entity;

     F. "police officer", "law enforcement officer", "peace officer" or "officer" means any
full-time salaried or certified part-time salaried officer who by virtue of office or public
employment is vested by law with the duty to maintain the public peace;

    G. "recognizance" means any obligation of record entered into before a court
requiring the accused to appear at all appropriate times or forfeit any bail and be subject
to criminal penalty for failure to appear;

    H. "release on personal recognizance" or "release on own recognizance" means the
release of a defendant without bail, bail bond or sureties upon the defendant's promise
to appear at all appropriate times;

   I. "rules of civil procedure" means rules of civil procedure for the district courts of
the state of New Mexico, as may be amended from time to time;

   J. "rules of criminal procedure" means rules of criminal procedure for the district
courts, magistrate courts and municipal courts adopted by the New Mexico supreme
court, as may be amended from time to time;

   K. "misdemeanor" means any offense for which the authorized penalty upon
conviction is imprisonment in excess of six months but less than one year; and

   L. "petty misdemeanor" means any offense so designated by law or if upon
conviction a sentence of imprisonment for six months or less is authorized.

History: 1953 Comp., § 41-1-2, enacted by Laws 1972, ch. 71, § 5; 1973, ch. 73, § 2;
1979, ch. 123, § 1; 2009, ch. 249, § 1.

                                      ANNOTATIONS

Repeals and reenactments. — Laws 1972, ch. 71, § 5, repealed 41-1-2, 1953 Comp.,
relating to warrants and affidavits of information and belief, and enacted a new 31-1-2
NMSA 1978.

The 2009 amendment, effective June 19, 2009, in Subsection F, after "full-time
salaried", added "or certified part-time salaried".

No "accused" prior to commencement of criminal proceedings. — Where no
complaint, information or indictment has been filed which names the accused, and no
criminal prosecution has been commenced, the defendant is not an "accused" nor a
"defendant." Sanchez v. Attorney Gen., 1979-NMCA-081, 93 N.M. 210, 598 P.2d 1170.
Petty misdemeanor does not include violations of city ordinances in this penalty
range, since such a violation is not a misdemeanor. 1973 Op. Att'y Gen. No. 73-46.
Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 1979–2024 · leading case: Inc. Cnty. of Los Alamos v. Johnson, 776 P.2d 1252 (N.M. 1989).
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Inc. Cnty. of Los Alamos v. Johnson, 776 P.2d 1252 (N.M. 1989). · cites it 34× “] NMSA 1987, Section 31-1-2 (Repl.Pamp. 1984), provides: Unless a specific meaning is given, as used in the Criminal Procedure Act [31-1-1 to 31-3-9 NMSA 1978]: *1256 .”
State v. Ogden, 880 P.2d 845 (N.M. 1994). · cites it 6× “” The definitions of “peace officer” in Section 31-1-2 and Section 30-1-12 are substantially similar, though the definitions use slightly different language.”
State v. Anaya, 933 P.2d 223 (N.M. 1996). · cites it 4× “" NMSA 1978, § 31-1-2(D), (K) (Repl.Pamp.1984); [1] see also § 31-18-17(A)(2)(b), (c).”
State v. Glen Slaughter & Assocs., 889 P.2d 254 (N.M. Ct. App. 1994). · cites it 4× “” The Court wrote: In the Section 31-1-2 definition, “by virtue of their office” grammatically modifies “are vested by law.”
State v. Hicks, 43 P.3d 1078 (N.M. Ct. App. 2002). · cites it 2× “The State points out that NMSA 1978, Section 31-1-2(G) (1979), defines “recognizance” as “any obligation of record entered into before a court requiring the accused to appear at all appropriate times or forfeit any bail and subject himself to criminal penalty for failure to…”
State v. Lopez, 993 P.2d 767 (N.M. Ct. App. 1999). · cites it 3× “” NMSA 1978, § 30-1-6(A) (1963); see also NMSA 1978, § 31-1-2(D) (1979). We agree with the State that in our effort to give effect to the intent of the legislature, we read the provisions of the statute in question together with statutes pertaining to the same subject and seek…”
Sanchez v. Attorney Gen., 598 P.2d 1170 (N.M. Ct. App. 1979). · cites it 2× “The Court’s Authority to Compel Handwriting Exemplars No complaint, information or indictment has been filed which names Sanchez; no criminal prosecution has been commenced.”
State v. Becenti, 2021 NMCA 060 (N.M. Ct. App. 2021). · cites it 2× “” The Criminal Procedure Act, NMSA 1978, §§ 31-1-1 to -3-9 (1972, as amended through 2016), similarly defines police officer, law enforcement officer, peace officer, or officer as “any full-time salaried or certified part- time salaried officer who by virtue of office or public…”
DeGroat v. Cordero (D.N.M. 2024). · cites it 2× “See N.M. Stat. Ann. § 31-1-2 (D), (K)-(L); N.”
N.M. Stat. § 31-1-2(D): 2 cases
State v. Anaya, 933 P.2d 223 (N.M. 1996). “" NMSA 1978, § 31-1-2(D), (K) (Repl.Pamp.1984); [1] see also § 31-18-17(A)(2)(b), (c).”
State v. Lopez, 993 P.2d 767 (N.M. Ct. App. 1999). “” NMSA 1978, § 30-1-6(A) (1963); see also NMSA 1978, § 31-1-2(D) (1979). We agree with the State that in our effort to give effect to the intent of the legislature, we read the provisions of the statute in question together with statutes pertaining to the same subject and seek…”
N.M. Stat. § 31-1-2(F): 3 cases
State v. Ogden, 880 P.2d 845 (N.M. 1994). “” The definitions of “peace officer” in Section 31-1-2 and Section 30-1-12 are substantially similar, though the definitions use slightly different language.”
State v. Glen Slaughter & Assocs., 889 P.2d 254 (N.M. Ct. App. 1994). “” The Court wrote: In the Section 31-1-2 definition, “by virtue of their office” grammatically modifies “are vested by law.”
State v. Becenti, 2021 NMCA 060 (N.M. Ct. App. 2021). “” The Criminal Procedure Act, NMSA 1978, §§ 31-1-1 to -3-9 (1972, as amended through 2016), similarly defines police officer, law enforcement officer, peace officer, or officer as “any full-time salaried or certified part- time salaried officer who by virtue of office or public…”
N.M. Stat. § 31-1-2(G): 1 case
State v. Hicks, 43 P.3d 1078 (N.M. Ct. App. 2002). “The State points out that NMSA 1978, Section 31-1-2(G) (1979), defines “recognizance” as “any obligation of record entered into before a court requiring the accused to appear at all appropriate times or forfeit any bail and subject himself to criminal penalty for failure to…”
N.M. Stat. § 31-1-2(K): 1 case
Inc. Cnty. of Los Alamos v. Johnson, 776 P.2d 1252 (N.M. 1989). “] NMSA 1987, Section 31-1-2 (Repl.Pamp. 1984), provides: Unless a specific meaning is given, as used in the Criminal Procedure Act [31-1-1 to 31-3-9 NMSA 1978]: *1256 .”
N.M. Stat. § 31-1-2(L): 1 case
Inc. Cnty. of Los Alamos v. Johnson, 776 P.2d 1252 (N.M. 1989). “] NMSA 1987, Section 31-1-2 (Repl.Pamp. 1984), provides: Unless a specific meaning is given, as used in the Criminal Procedure Act [31-1-1 to 31-3-9 NMSA 1978]: *1256 .”
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