N.M. Stat. » N.M. Stat. / Chapter 31 / Article 18B
New Mexico Statutes

N.M. Stat. § 31-18B-2 (2026)

Definitions.

✓ current as of May 2026
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As used in the Hate Crimes Act:

   A. "age" means sixty years of age or older;

   B. "gender identity" means a person's self-perception, or perception of that person
by another, of the person's identity as a male or female based upon the person's
appearance, behavior or physical characteristics that are in accord or opposed to the
person's physical anatomy, chromosomal sex or sex at birth;

   C. "disability" means that the person has a physical or mental disability that
substantially limits one or more of that person's functions, such as caring for oneself,
performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and
working;

    D. "motivated by hate" means the commission of a crime with the intent to commit
the crime because of the actual or perceived race, religion, color, national origin,
ancestry, age, handicapped status, gender, sexual orientation or gender identity of the
victim, whether or not the offender's belief or perception was correct; and

  E. "sexual orientation" means heterosexuality, homosexuality or bisexuality,
whether actual or perceived.

History: Laws 2003, ch. 384, § 2; 2007, ch. 46, § 37.

                                     ANNOTATIONS

The 2007 amendment, effective June 15, 2007, made non-substantive language
changes.
Notes of Decisions
Cited in 9 cases, 2005–2017 · leading case: State v. Lopez, 123 P.3d 754 (N.M. 2005).
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State v. Lopez, 123 P.3d 754 (N.M. 2005). · cites it 4× “Under that Act, when a separate finding of fact shows beyond a reasonable doubt that the offender was "motivated by hate" as defined in Section 31-18B-2, the court may increase the basic sentence.”
Elane Photography, LLC v. Willock, 2013 NMSC 040 (N.M. 2013). · cites it 4× “New Mexico has a strong state policy of promoting equality for its residents regardless of sexual orientation.”
State of West Virginia v. Steward Butler, 799 S.E.2d 718 (W. Va. 2017). · cites it 2× “19 Having determined that the word “sex” in West Virginia Code § 61-6-21(b) is unambiguous and clearly imparts being male or female, and does not include “sexual orientation,” we further find that our determination is supported by the Legislature’s repeated rejection of any…”
Griego v. Oliver, 2014 NMSC 003 (N.M. 2013). · cites it 3× “See NMSA 1978, § 29-21-2 (2009) (prohibiting profiling by law enforcement officers on the basis of sexual orientation as well as other characteristics); NMSA 1978, § 31-18B-2(D) (2007) (including sexual orientation as a protected status under the Hate Crimes Act, NMSA 1978, §§…”
State v. Lucero, 2006 NMCA 114 (N.M. Ct. App. 2006). · cites it 4× “” Section 31-18B-2(A). In this case, the jury determined beyond a reasonable doubt “that robbery was committed against a person sixty years of age or older, and that person was intentionally injured,” it did not determine beyond a reasonable doubt, that Defendant committed…”
State v. Lucero, 142 P.3d 915 (N.M. Ct. App. 2006). · cites it 4× “" Section 31-18B-2(A). In this case, the jury determined beyond a reasonable doubt "that robbery was committed against a person sixty years of age or older, and that person was intentionally injured," it did not determine beyond a reasonable doubt, that Defendant committed…”
Griego v. Oliver, 2014 NMSC 3 (N.M. 2013). · cites it 3× “Other New Mexico legislation offers protection based on sexual orientation as well as gender. See NMSA 1978, § 29-21-2 (2009) (prohibiting profiling by law enforcement officers on the basis of sexual orientation as well as other characteristics); NMSA 1978, § 31-18B-2(D) (2007)…”
Elane Photography, LLC v. Willock, 2013 NMSC 40 (N.M. 2013). · cites it 2× “New Mexico has a strong state policy of promoting equality for its residents regardless of sexual orientation.”
State v. Silva (N.M. Ct. App. 2010). · cites it 2× ““[M]otivated by hate” is defined 6 as “the commission of a crime with the intent to commit the crime because of the 7 actual or perceived race, religion, color, national origin, ancestry, age, handicapped 8 status, gender, sexual orientation or gender identity of the victim,…”
— N.M. Stat. § 31-18B-2(A) — 2 cases
State v. Lucero, 2006 NMCA 114 (N.M. Ct. App. 2006). “” Section 31-18B-2(A). In this case, the jury determined beyond a reasonable doubt “that robbery was committed against a person sixty years of age or older, and that person was intentionally injured,” it did not determine beyond a reasonable doubt, that Defendant committed…”
State v. Lucero, 142 P.3d 915 (N.M. Ct. App. 2006). “" Section 31-18B-2(A). In this case, the jury determined beyond a reasonable doubt "that robbery was committed against a person sixty years of age or older, and that person was intentionally injured," it did not determine beyond a reasonable doubt, that Defendant committed…”
— N.M. Stat. § 31-18B-2(D) — 7 cases
Elane Photography, LLC v. Willock, 2013 NMSC 040 (N.M. 2013). “New Mexico has a strong state policy of promoting equality for its residents regardless of sexual orientation.”
Griego v. Oliver, 2014 NMSC 003 (N.M. 2013). “See NMSA 1978, § 29-21-2 (2009) (prohibiting profiling by law enforcement officers on the basis of sexual orientation as well as other characteristics); NMSA 1978, § 31-18B-2(D) (2007) (including sexual orientation as a protected status under the Hate Crimes Act, NMSA 1978, §§…”
State v. Lucero, 2006 NMCA 114 (N.M. Ct. App. 2006). “” Section 31-18B-2(A). In this case, the jury determined beyond a reasonable doubt “that robbery was committed against a person sixty years of age or older, and that person was intentionally injured,” it did not determine beyond a reasonable doubt, that Defendant committed…”
State v. Lucero, 142 P.3d 915 (N.M. Ct. App. 2006). “" Section 31-18B-2(A). In this case, the jury determined beyond a reasonable doubt "that robbery was committed against a person sixty years of age or older, and that person was intentionally injured," it did not determine beyond a reasonable doubt, that Defendant committed…”
Griego v. Oliver, 2014 NMSC 3 (N.M. 2013). “Other New Mexico legislation offers protection based on sexual orientation as well as gender. See NMSA 1978, § 29-21-2 (2009) (prohibiting profiling by law enforcement officers on the basis of sexual orientation as well as other characteristics); NMSA 1978, § 31-18B-2(D) (2007)…”
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