N.M. Stat. » N.M. Stat. / Chapter 32A / Article 2
New Mexico Statutes

N.M. Stat. § 32A-2-1 (2026)

Short title.

✓ current as of May 2026
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Chapter 32A, Article 2 NMSA 1978 may be cited as the "Delinquency Act".

History: 1978 Comp., § 32A-2-1, enacted by Laws 1993, ch. 77, § 30; 2007, ch. 19, §
1.

                                     ANNOTATIONS

The 2007 amendment, effective June 15, 2007, changed Chapter "32" to Chapter
"32A".

Law reviews. — For note, "State v. Muniz: Authorizing Adult Sentences of Juveniles
Absent a Conviction that Authorizes an Adult Sentence", see 35 N.M. L. Rev. 229
(2005).
Notes of Decisions
Cited in 43 cases (9 in the last 5 years), 1998–2026 · leading case: State v. RUDY B., 216 P.3d 810 (N.M. Ct. App. 2009).
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State v. RUDY B., 216 P.3d 810 (N.M. Ct. App. 2009). · cites it 6× “Under the Delinquency Act, NMSA 1978, §§ 32A-2-1 to -33 (1993, as amended through 2007) (Delinquency Act), the trial court determines whether to impose a juvenile or adult sentence after making findings based on evidence presented at an amenability hearing.”
State v. Tafoya, 237 P.3d 693 (N.M. 2010). · cites it 2× “The Delinquency Act, NMSA 1978, Sections 32A-2-1 to -33 (1993, as amended through 2009), defines a serious youthful offender as "an individual fifteen to eighteen years of age who is charged with and indicted or bound over for trial for first degree murder.”
State v. Jones, 229 P.3d 474 (N.M. 2010). · cites it 2× “See § 32A-2~3(C), (H) and (J). A child’s placement in one of those three categories determines (1) which rules of procedure apply at trial, and (2) the potential post-adjudication consequences the child will face if the State proves its case.”
Am. Civil Liberties Union v. City of Albuquerque, 992 P.2d 866 (N.M. 1999). · cites it 4× “Finally, I believe logic demands that it be conceded to the City that the Delinquency Act, NMSA 1978, § 32A-2-1 et seq. covers the field of those acts committed by children which would be designated as crimes if committed by adult, which *877 does not include violation of…”
State v. Nehemiah Child G., 417 P.3d 1175 (N.M. Ct. App. 2018). · cites it 2× “We begin by discussing the Delinquency Act, NMSA 1978, §§ 32A-2-1 to -33 (1993, as amended through 2016), with some specificity, because our analysis hinges on the district court's application of the Act's provisions to the testimony taken during Child's amenability hearing.”
In Re Gabriel M., 45 P.3d 64 (N.M. Ct. App. 2002). · cites it 2× “{31} In addition, we very much doubt the Legislature in passing the Delinquency Act, NMSA 1978, §§ 32A-2-1 to -33 (1993, as amended through 1999), intended the result that a juvenile could never be held responsible for intimidating or threatening a person in violation of Section…”
State v. Guerra, 24 P.3d 334 (N.M. Ct. App. 2001). · cites it 2× “2d 747 , resolution of this issue requires us to interpret provisions of the Delinquency Act, NMSA 1978, §§ 32A-2-1 through -33 (1993, as amended through 1996), and the Criminal Sentencing Act, NMSA 1978, §§ 31-18-12 through -26 (1977, as amended through 1999).”
State v. Isaac M., 2001 NMCA 088 (N.M. Ct. App. 2001). · cites it 2× “' {3} Although this case is currently under the jurisdiction of the children’s court and therefore controlled by the children’s code, NMSA 1978, §§ 32A-2-1 through 33 (1993, as amended through 1999), both parties assume that the statutes and concepts governing adult prosecutions…”
State v. Jose S., 2007 NMCA 146 (N.M. Ct. App. 2007). · cites it 2× “NMSA 1978, §§ 32A-2-1 to -33 (1993, as amended through 2005).”
State v. JOSE S., 171 P.3d 768 (N.M. Ct. App. 2007). · cites it 2× “NMSA 1978, §§ 32A-2-1 to -33 (1993, as amended through 2005).”
State v. Taylor E., 2016 NMCA 100 (N.M. Ct. App. 2016). · cites it 2× “In response to a subsequent petition to revoke his probation, Child moved to suppress those statements, contending that they were inadmissible because the State proffered no independent evidence of the admitted conduct and no evidence that the probation officer had advised Child…”
State v. Perez, 44 P.3d 530 (N.M. Ct. App. 2002). · cites it 2× “{17} The purpose of the Delinquency Act, NMSA 1978, §§ 32A-2-1 to -33 (1993, as amended through 1999), is “consistent with the protection of the public interest, to remove from children committing delinquent acts the adult consequences of criminal behavior,” while still holding…”
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