New Mexico Crime Victims’ Rights

31-26-2. Purpose of act. Recognizing the state’s concern for victims of crime, it is the purpose of the Victims of Crime Act to ensure that:

  • The full impact of a crime is brought to the attention of a court.
  • Victims of violent crimes are treated with dignity, respect, and sensitivity at all stages of the criminal justice process;
  • Victims’ rights are protected by law enforcement agencies, prosecutors, and judges as vigorously as are the rights of criminal defendants; and
  • The provisions of Article 2. Section 24 of the constitution of New Mexico is implemented in statute.
    • Be treated with fairness and respect
    • Timely disposition of the case
    • Be reasonably protected from the accused throughout the criminal justice process
    • Notification of court proceedings
    • To attend any public court proceedings, the accused has the right to attend
    • Confer with the prosecution
    • Make a statement to the court at sentencing and any post-sentencing hearings for the accused
    • Restitution from the person convicted of the criminal offense that caused the victim's loss or injury
    • Information about the conviction; sentencing; imprisonment escape or release of the accused;
    • Have the prosecuting attorney notify the victim’s employer,
    • If requested by the victim, of the necessity of the victim’s cooperation and testimony in a court proceeding that may necessitate the absence from work for good cause;
    • Return of evidence belonging to the victim;
    • Be informed by the court at a sentencing proceeding that the Offender is eligible to earn meritorious deductions from the offender’s sentence and the amount of meritorious deductions that may be earned by the offender.
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31-22-8. Crimes enumerated.

A. The crimes to which the Crime Victims Reparation Act [31-22-1 NMSA 1978] applies and for which reparation to victims may be made are the following enumerated offenses and all other offenses in which any enumerated offense is necessarily included:

  1. Arson resulting in bodily injury;
  2. Aggravated arson;
  3. Aggravated assault or aggravated battery;
  4. Dangerous use of explosives;
  5. Negligent use of a deadly weapon;
  6. Murder;
  7. Voluntary manslaughter;
  8. Involuntary manslaughter;
  9. Kidnapping;
  10. Criminal sexual penetration;
  11. Criminal sexual contact of a minor;
  12. Homicide by vehicle or great bodily injury by vehicle, as provided in Section 66-8-101 NMSA 1978;
  13. Abandonment or abuse of a child;
  14. Aggravated indecent exposure, as provided in Section 30-9-14.3 NMSA 1978; and
  15. Aggravated stalking, as provided in Section 30-3A-3.1 NMSA 1978.