{"data":{"id":"us-nm/30-6-1","jurisdiction":"us-nm","citation":"30-6-1","heading":"Abandonment or abuse of a child.","body":"A. As used in this section:\n(1) \"child\" means a person who is less than eighteen years of age;\n(2) \"neglect\" means that a child is without proper parental care and control of subsistence, education, medical or other care or control necessary for the child's well-being because of the faults or habits of the child's parents, guardian or custodian or their neglect or refusal, when able to do so, to provide them; and\n(3) \"negligently\" refers to criminal negligence and means that a person knew or should have known of the danger involved and acted with a reckless disregard for the safety or health of the child.\nB. Abandonment of a child consists of the parent, guardian or custodian of a child intentionally leaving or abandoning the child under circumstances whereby the child may or does suffer neglect. A person who commits abandonment of a child is guilty of a misdemeanor, unless the abandonment results in the child's death or great bodily harm, in which case the person is guilty of a second degree felony.\nC. A parent, guardian or custodian who leaves an infant less than ninety days old in compliance with the Safe Haven for Infants Act [Chapter 24, Article 22 NMSA 1978] shall not be prosecuted for abandonment of a child.\nD. Abuse of a child consists of a person knowingly, intentionally or negligently, and without justifiable cause, causing or permitting a child to be:\n(1) placed in a situation that may endanger the child's life or health;\n(2) tortured, cruelly confined or cruelly punished; or\n(3) exposed to the inclemency of the weather.\nE. A person who commits abuse of a child that does not result in the child's death or great bodily harm is, for a first offense, guilty of a third degree felony and for second and subsequent offenses is guilty of a second degree felony. If the abuse results in great bodily harm to the child, the person is guilty of a first degree felony.\nF. A person who commits negligent abuse of a child that results in the death of the child is guilty of a first degree felony.\nG. A person who commits intentional abuse of a child twelve to eighteen years of age that results in the death of the child is guilty of a first degree felony.\nH. A person who commits intentional abuse of a child less than twelve years of age that results in the death of the child is guilty of a first degree felony resulting in the death of a child.\nI. Evidence that demonstrates that a child has been knowingly, intentionally or negligently allowed to enter or remain in a motor vehicle, building or any other premises that contains chemicals and equipment used or intended for use in the manufacture of a controlled substance shall be deemed prima facie evidence of abuse of the child.\nJ. Evidence that demonstrates that a child has been knowingly and intentionally exposed to the use of methamphetamine shall be deemed prima facie evidence of abuse of the child.\nK. A person who leaves an infant less than ninety days old at a hospital may be prosecuted for abuse of the infant for actions of the person occurring before the infant was left at the hospital.","path":["Chapter 30 - Criminal Offenses","ARTICLE 6 Crimes Against Children and Dependents"],"source_url":"https://nmonesource.com/nmos/nmsa-unanno/en/item/18530/index.do","current_through":"2026-07-01","vintage":"","retrieved_at":"2026-09-03T15:02:19Z","sha256":"174a13a3f6ff8eb36ebd01c8fc9bb0591cb0f1f47c58f0780c1e9bc6b7585f6d","source_id":"us-nm","stale":false,"prev":"us-nm/30-5a-5","next":"us-nm/30-6-2"},"notice":"GroundRules: Original legal text. Not legal advice."}