New Mexico Statutes
N.M. Stat. § 32A-2-18 (2026)
Judgment; noncriminal nature; nonadmissibility.
✓ current as of May 2026
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A. The court shall enter a judgment setting forth the court's findings and disposition in the proceeding. A judgment in proceedings on a petition under the Delinquency Act resulting in a juvenile disposition shall not be deemed a conviction of crime nor shall it impose any civil disabilities ordinarily resulting from conviction of a crime nor shall it operate to disqualify the child in any civil service application or appointment. The juvenile disposition of a child and any evidence given in a hearing in court shall not be admissible as evidence against the child in any case or proceeding in any other tribunal whether before or after reaching the age of majority, except in sentencing proceedings after conviction of a felony and then only for the purpose of a presentence study and report. B. If a judgment resulting from a youthful offender or serious youthful offender proceeding under the Delinquency Act results in an adult sentence, a record of the judgment shall be admissible in any other case or proceeding in any other court involving the youthful offender or serious youthful offender. C. If a judgment on a proceeding under the Delinquency Act results in an adult sentence, the determination of guilt at trial becomes a conviction for purposes of the Criminal Code [30-1-1 NMSA 1978]. History: 1978 Comp., § 32A-2-18, enacted by Laws 1993, ch. 77, § 47; 1996, ch. 85, § 3. ANNOTATIONS The 1996 amendment, effective July 1, 1996, designated the existing language as Subsections A and C, and added Subsection B. Decisions under prior law. — In light of the similarity of the provisions, annotations decided under former Section 32-1-33 NMSA 1978 have been included in the annotations to this section. Applicability of criminal appellate procedure does not make children's court matters criminal proceedings. — The applicability of appellate procedure for criminal cases to appeals from judgments of the children's court, where the child was alleged to be delinquent or in need of supervision, does not change the fact that children's court matters are not criminal proceedings. Health & Soc. Servs. Dep't v. Doe, 1978-NMCA- 045, 91 N.M. 675, 579 P.2d 801. Time before transfer and filing of information does not count. — A judgment in any proceedings on a petition under the Children's Code shall not be deemed to be a conviction of a crime. The period of time spent prior to the actual transfer and the filing of the criminal information does not count. State v. Howell, 1976-NMCA-020, 89 N.M. 10, 546 P.2d 858. Child not to be charged with crime. — A judgment in proceedings on a petition under the Children's Code shall not be deemed a conviction of a crime. Since the Children's Code refers to an act which would be a crime if committed by an adult, it is apparent that a child is not to be charged with a crime but rather with a delinquent act. 1973 Op. Att'y Gen. No. 73-14. Law reviews. — For survey, "Children's Court Practice in Delinquency and Need of Supervision Cases Under the New Rules," see 6 N.M.L. Rev. 331 (1976). Am. Jur. 2d, A.L.R. and C.J.S. references. — 47 Am. Jur. 2d Juvenile Courts and Delinquent and Dependent Children § 106 et seq. What constitutes delinquency or incorrigibility justifying commitment of infant, 45 A.L.R. 1533, 85 A.L.R. 1099. Sentence: consideration of accused's juvenile record in sentencing for offense committed as adult, 64 A.L.R.3d 1291. 43 C.J.S. Infants §§ 96 to 102.
Notes of Decisions
Cited in 14
cases (1 in the last 5 years), 1999–2021 · leading case: State v. Jones, 229 P.3d 474 (N.M. 2010).
State v. Jones, 229 P.3d 474 (N.M. 2010). “Similarly, a juvenile disposition does not carry with it any of the “civil disabilities ordinarily resulting from conviction of a crime” and cannot “operate to disqualify the child in any civil service application or appointment.”
State v. Leon, 2013 NMCA 011 (N.M. Ct. App. 2012). “” NMSA 1978, § 32A-2-18(C) (1996). {44} Defendant admits that he was sentenced as an adult for attempted criminal sexual penetration of a child under thirteen.”
State v. Sergio B., 2002 NMCA 070 (N.M. Ct. App. 2002). “See NMSA 1978, § 32A-2-18(A) (1996). He also argues that he “bears the stigma” of an unjustified order.”
Am. Civil Liberties Union v. City of Albuquerque, 992 P.2d 866 (N.M. 1999). “This language demonstrates that the Legislature intended to spare children the stigma of the criminal label and protect them from the adult consequences of the criminal justice system.”
State v. ADAM M., 2 P.3d 883 (N.M. Ct. App. 2000). “” NMSA 1978, § 32A-2-18(A) (1996); see also § 32A-2-19(B).”
State v. Smith, 13 P.3d 470 (N.M. Ct. App. 2000). “NMSA 1978, § 32A-2-18(A) (1993). Because Defendant’s offenses would not have been treated as felonies if they had been committed in New Mexico, they do not satisfy part (e) of New Mexico’s Habitual Offender Statute.”
State v. Crystal B., 24 P.3d 771 (N.M. Ct. App. 2000). “See NMSA 1978, § 32A-2-18 (1996); Rule 10-230 NMRA 2000; see also State v.”
State v. Martinez (N.M. Ct. App. 2019). “The district court enhanced his sentence in this case, as a habitual offender, based on this prior conviction.”
State v. Nanco, 2012 NMCA 109 (N.M. Ct. App. 2012). “Section 32A-2-18(A); see Jones, 2010-NMSC-012, ¶ 36 (noting these provisions).”
State v. Martinez (N.M. Ct. App. 2019). “Section 32A-2-18 Applies to Convictions Resulting From a Plea 2 {17} In June 1996, when he was a juvenile charged as a youthful offender, 3 Defendant pleaded guilty to several violent felonies and was sentenced as an adult. 4 The district court enhanced his sentence in this…”
State v. Sena, 2008 NMCA 083 (N.M. Ct. App. 2008). “NMSA 1978, Section 32A-2-18(A) (1996) in pertinent part states: A judgment in proceedings on a petition under the Delinquency Act .”
State v. Leon, 2013 NMCA 11 (N.M. Ct. App. 2012). “” NMSA 1978, § 32A-2-18(C) (1996). 15 {44} Defendant admits that he was sentenced as an adult for attempted criminal sexual penetration of a child under thirteen.”
— N.M. Stat. § 32A-2-18(A) — 10 cases
State v. Jones, 229 P.3d 474 (N.M. 2010). “Similarly, a juvenile disposition does not carry with it any of the “civil disabilities ordinarily resulting from conviction of a crime” and cannot “operate to disqualify the child in any civil service application or appointment.”
State v. Sergio B., 2002 NMCA 070 (N.M. Ct. App. 2002). “See NMSA 1978, § 32A-2-18(A) (1996). He also argues that he “bears the stigma” of an unjustified order.”
Am. Civil Liberties Union v. City of Albuquerque, 992 P.2d 866 (N.M. 1999). “This language demonstrates that the Legislature intended to spare children the stigma of the criminal label and protect them from the adult consequences of the criminal justice system.”
State v. ADAM M., 2 P.3d 883 (N.M. Ct. App. 2000). “” NMSA 1978, § 32A-2-18(A) (1996); see also § 32A-2-19(B).”
State v. Smith, 13 P.3d 470 (N.M. Ct. App. 2000). “NMSA 1978, § 32A-2-18(A) (1993). Because Defendant’s offenses would not have been treated as felonies if they had been committed in New Mexico, they do not satisfy part (e) of New Mexico’s Habitual Offender Statute.”
— N.M. Stat. § 32A-2-18(B) — 4 cases
State v. Smith, 13 P.3d 470 (N.M. Ct. App. 2000). “NMSA 1978, § 32A-2-18(A) (1993). Because Defendant’s offenses would not have been treated as felonies if they had been committed in New Mexico, they do not satisfy part (e) of New Mexico’s Habitual Offender Statute.”
State v. ADAM M., 2 P.3d 883 (N.M. Ct. App. 2000). “” NMSA 1978, § 32A-2-18(A) (1996); see also § 32A-2-19(B).”
State v. Martinez (N.M. Ct. App. 2019). “Section 32A-2-18 Applies to Convictions Resulting From a Plea 2 {17} In June 1996, when he was a juvenile charged as a youthful offender, 3 Defendant pleaded guilty to several violent felonies and was sentenced as an adult. 4 The district court enhanced his sentence in this…”
State v. Martinez (N.M. Ct. App. 2019). “The district court enhanced his sentence in this case, as a habitual offender, based on this prior conviction.”
— N.M. Stat. § 32A-2-18(C) — 5 cases
State v. Leon, 2013 NMCA 011 (N.M. Ct. App. 2012). “” NMSA 1978, § 32A-2-18(C) (1996). {44} Defendant admits that he was sentenced as an adult for attempted criminal sexual penetration of a child under thirteen.”
State v. Martinez (N.M. Ct. App. 2019). “The district court enhanced his sentence in this case, as a habitual offender, based on this prior conviction.”
State v. Martinez (N.M. Ct. App. 2019). “Section 32A-2-18 Applies to Convictions Resulting From a Plea 2 {17} In June 1996, when he was a juvenile charged as a youthful offender, 3 Defendant pleaded guilty to several violent felonies and was sentenced as an adult. 4 The district court enhanced his sentence in this…”
State v. Leon, 2013 NMCA 11 (N.M. Ct. App. 2012). “” NMSA 1978, § 32A-2-18(C) (1996). 15 {44} Defendant admits that he was sentenced as an adult for attempted criminal sexual penetration of a child under thirteen.”
State v. Lujan-Sierra (N.M. Ct. App. 2021).
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