Learn Your 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 assure that:

  1. The full impact of a crime is brought to attention of a court.
  2. Victims of violent crimes are treated with dignity, respect and sensitivity at all stages of the criminal justice process;
  3. Victims’ rights are protected by law enforcement agencies, prosecutors and judges as vigorously as are the rights of criminal defendants; and
  4. The provisions of Article 2. Section 24 of the constitution of New Mexico are 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 to 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 at any post sentencing hearings for the accused
  • Restitution from the person convicted of the criminal offense that caused the victims’ 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 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.

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.
  • 16 Abandonment or abuse of a child, as provided in Section 30-6-1 NMSA 1978;
  • 17 Stalking or aggravated stalking, as provided in the Harassment and Stalking Act (30-3A-1 NMSA 1978);
  • 18 Aggravated assault against a household member, as provided in Section 30-3-13 NMSA 1978;
  • 19 Assault against a household member with intent to commit a violent felony, as provided in Section 30-3-14 NMSA 1978;
  • 20 Battery against a household member, as provided in Section 30-3-15 NMSA 1978; or
  • 21 Aggravated battery against a household member, as provided in Section 30-3-16 NMSA 1978;