New Mexico Statutes

N.M. Stat. § 31-25-2 (2026)

Definitions.

✓ current as of May 2026

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As used in the Victim Counselor Confidentiality Act:

    A. "confidential communication" means any information exchanged between a
victim and a victim counselor in private or in the presence of a third party who is
necessary to facilitate communication or further the counseling process and which is
disclosed in the course of the counselor's treatment of the victim for any emotional or
psychological condition resulting from a sexual assault or family violence;

    B. "victim" means a person who consults a victim counselor for assistance in
overcoming adverse emotional or psychological effects of a sexual assault or family
violence;
    C. "victim counseling" means assessment, diagnosis and treatment to alleviate the
adverse emotional or psychological impact of a sexual assault or family violence on the
victim. Victim counseling includes crisis intervention;

   D. "victim counseling center" means a private organization or unit of a government
agency which has as one of its primary purposes the treatment of victims for any
emotional or psychological condition resulting from a sexual assault or family violence;
and

    E. "victim counselor" means any employee or supervised volunteer of a victim
counseling center or other agency, business or organization that provides counseling to
victims who is not affiliated with a law enforcement agency or the office of a district
attorney, has successfully completed forty hours of academic or other formal victim
counseling training or has had a minimum of one year of experience in providing victim
counseling and whose duties include victim counseling.

History: Laws 1987, ch. 349, § 2.

                                    ANNOTATIONS

Exclusion of victim advocates from definition of "victim counselor" in the Victim
Counselor Confidentiality Act indicates the possibility that their work might be viewed as
counseling. State v. Blackmer, 2005-NMSC-008, 137 N.M. 258, 110 P.3d 66.

Notes of Decisions

Cited in 2 cases, 2005–2005 · leading case: Albuquerque Rape Crisis Ctr. v. Blackmer, 120 P.3d 820 (N.M. 2005).

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Albuquerque Rape Crisis Ctr. v. Blackmer, 120 P.3d 820 (N.M. 2005). · cites it 8× “NMSA 1978, Section 31-25-3(A) (1987) provides: A victim, a victim counselor without the consent of the victim or a minor or incapacitated victim without the consent of a custodial guardian or a guardian ad litem appointed upon application of either party shall not be compelled…”

State ex rel. Brandenburg v. Blackmer, 2005 NMSC 008 (N.M. 2005). · cites it 2× “{22} Victim advocates are excluded from the definition of “victim counselor” in the Victim Counselor Confidentiality Act, NMSA 1978, § 31-25-2(E) (1987), but this exclusion indicates the possibility that their work otherwise might be viewed as counseling.”

— N.M. Stat. § 31-25-2(A) — 1 case

Albuquerque Rape Crisis Ctr. v. Blackmer, 120 P.3d 820 (N.M. 2005). “NMSA 1978, Section 31-25-3(A) (1987) provides: A victim, a victim counselor without the consent of the victim or a minor or incapacitated victim without the consent of a custodial guardian or a guardian ad litem appointed upon application of either party shall not be compelled…”

— N.M. Stat. § 31-25-2(D) — 1 case

— N.M. Stat. § 31-25-2(E) — 1 case

State ex rel. Brandenburg v. Blackmer, 2005 NMSC 008 (N.M. 2005). “{22} Victim advocates are excluded from the definition of “victim counselor” in the Victim Counselor Confidentiality Act, NMSA 1978, § 31-25-2(E) (1987), but this exclusion indicates the possibility that their work otherwise might be viewed as counseling.”

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