New Mexico Statutes

N.M. Stat. § 32A-2-6 (2026)

Transfer of jurisdiction over child from other tribunals to

✓ current as of May 2026

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court.
A. If it appears to a tribunal in a criminal matter that the defendant was under the
age of eighteen years at the time the offense charged was alleged to have been
committed and the offense charged is a delinquent act pursuant to the provisions of the
Delinquency Act, the tribunal shall promptly transfer jurisdiction of the matter and the
defendant to the court together with a copy of the accusatory pleading and other
papers, documents and transcripts of testimony relating to the case. The tribunal shall
not transfer a serious youthful offender.

B. Upon transfer the court shall have exclusive jurisdiction over the proceedings and
the defendant. The transferring tribunal shall order that the defendant promptly be taken
to the court, or taken to a place of detention designated by the court, or released to the
custody of a parent, guardian, custodian or other person legally responsible for the
defendant to be brought before the court at a time designated by the court. Upon
transfer to the court a petition shall be prepared and filed in the court in accordance with
the provisions of the Delinquency Act. If the defendant is not a child at the time of
transfer the court retains jurisdiction over the matter only until disposition is made by the
court.
History: 1978 Comp., § 32A-2-6, enacted by Laws 1993, ch. 77, § 35.

ANNOTATIONS

Decisions under prior law. — In light of the similarity of the provisions, annotations
decided under former Section 32-1-11 NMSA 1978 have been included in the
annotations to this section.

Intent of section. — The legislature in enacting former Sections 32-1-11 and 32-1-30
NMSA 1978 intended to create a mechanism which would allow both the children's
court and the district court to exercise full subject matter jurisdiction in criminal matters.
State v. Garcia, 1979-NMSC-049, 93 N.M. 51, 596 P.2d 264 (decided under prior law).

Section requires district court to send matter to children's court if defendant was
not adult when the offense charged allegedly was committed. State v. Doe, 1980-
NMCA-147, 95 N.M. 88, 619 P.2d 192.

Remand from state district court to children's court. — On habeas corpus petitions
by state prisoners, the federal courts are concerned only with basic constitutional
questions, and whether a juvenile under New Mexico law is entitled to a remand from
the state district court to the juvenile (now children's) court because of defects in the
waiver of jurisdiction presents a procedural question ordinarily to be determined by the
New Mexico courts. Salazar v. Rodriguez, 371 F.2d 726 (10th Cir. 1967).

Traffic offenses not deemed delinquent acts. — It appears that municipal and
magistrate courts can exercise jurisdiction over children for traffic offenses which are
not designated delinquent acts under the Children's Code. 1972 Op. Att'y Gen. No. 72-
34.

Extradition of juveniles from another state. 1973 Op. Att'y Gen. No. 73-14. (now
Section 32A-10-1 NMSA 1978.)

Am. Jur. 2d, A.L.R. and C.J.S. references. — Jurisdiction of another court over child
as affected by assumption of jurisdiction by juvenile court, 11 A.L.R. 147, 78 A.L.R. 317,
146 A.L.R. 1153.

Authority of court to order juvenile delinquent incarcerated in adult penal institution, 95
A.L.R.3d 568.

Juvenile's guilty or no contest plea in adult court as waiver of defects in transfer or
certification proceedings, 74 A.L.R.5th 453.

Notes of Decisions

Cited in 7 cases (2 in the last 5 years), 2000–2022 · leading case: State v. RUDY B., 216 P.3d 810 (N.M. Ct. App. 2009).

Sort: Relevance Newest Treatment

State v. RUDY B., 216 P.3d 810 (N.M. Ct. App. 2009). · cites it 4× “See § 32A-2-6. Under Section 32A-2-20(B) and (C), the juvenile sentence is the baseline sentence because the adult sentence is available only if the court makes the required factual findings.”

State v. Muniz, 11 P.3d 613 (N.M. Ct. App. 2000). · cites it 8× “The Legislature has provided a statute that deals with the *619 disposition of delinquent acts under the Children's Code in a situation such as this: Section 32A-2-6. Transfer of Jurisdiction over Child from other Tribunals to Court If it appears to a tribunal in a criminal…”

State v. Nehemiah Child G., 417 P.3d 1175 (N.M. Ct. App. 2018). “See § 32A-2-6(A); Jones , 2010-NMSC-012 , ¶ 11 ("Once charged with first-degree murder, a serious youthful offender is no longer a juvenile within the meaning of the Delinquency Act, and therefore is no longer entitled to its protections.”

State v. Henz, 514 P.3d 1 (N.M. Ct. App. 2022). · cites it 2× “5 But here Defendant was not charged with committing an 5Defendant additionally cites NMSA 1978, Section 32A-2-6(A) (1993), which provides that “[i]f it appears to a tribunal in a criminal matter that the defendant was under the age of eighteen years at the time the offense…”

State v. Guerra, 24 P.3d 334 (N.M. Ct. App. 2001). “{10} The State’s argument, however, is contrary to our understanding of the Children’s Code and rests on the misconception that the Criminal Sentencing Act rather than the Children’s Code defines the scope of a court’s authority to sentence a youthful offender as an adult.…”

Castaneda v. City of Albuquerque, 276 F. Supp. 3d 1152 (D.N.M. 2016). · cites it 2× “3d at 1172 (citing N.M. Stat. Ann. § 32A-2-6(B)(3)); see also Scott, 2014-CV-665, at 13.”

State v. Henz (N.M. Ct. App. 2022). · cites it 2× “CONCLUSION 5 Defendant additionally cites NMSA 1978, Section 32A-2-6(A) (1993), which provides that “[i]f it appears to a tribunal in a criminal matter that the defendant was under the age of eighteen years at the time the offense charged was alleged to have been committed and…”

— N.M. Stat. § 32A-2-6(A) — 4 cases

State v. Muniz, 11 P.3d 613 (N.M. Ct. App. 2000). “The Legislature has provided a statute that deals with the *619 disposition of delinquent acts under the Children's Code in a situation such as this: Section 32A-2-6. Transfer of Jurisdiction over Child from other Tribunals to Court If it appears to a tribunal in a criminal…”

State v. Henz, 514 P.3d 1 (N.M. Ct. App. 2022). “5 But here Defendant was not charged with committing an 5Defendant additionally cites NMSA 1978, Section 32A-2-6(A) (1993), which provides that “[i]f it appears to a tribunal in a criminal matter that the defendant was under the age of eighteen years at the time the offense…”

State v. Henz (N.M. Ct. App. 2022). “CONCLUSION 5 Defendant additionally cites NMSA 1978, Section 32A-2-6(A) (1993), which provides that “[i]f it appears to a tribunal in a criminal matter that the defendant was under the age of eighteen years at the time the offense charged was alleged to have been committed and…”

— N.M. Stat. § 32A-2-6(B) — 1 case

State v. RUDY B., 216 P.3d 810 (N.M. Ct. App. 2009). “See § 32A-2-6. Under Section 32A-2-20(B) and (C), the juvenile sentence is the baseline sentence because the adult sentence is available only if the court makes the required factual findings.”

— N.M. Stat. § 32A-2-6(B)(3) — 1 case

Castaneda v. City of Albuquerque, 276 F. Supp. 3d 1152 (D.N.M. 2016). “3d at 1172 (citing N.M. Stat. Ann. § 32A-2-6(B)(3)); see also Scott, 2014-CV-665, at 13.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.