A crime is an act or omission forbidden by law and for which, upon conviction, a sentence of either death, imprisonment or a fine is authorized.
History: 1953 Comp., § 40A-1-4, enacted by Laws 1963, ch. 303, § 1-4.
Nature of criminal intent. — Criminal intent is more than intentional taking. It is a mental state of conscious wrongdoing. State v. Austin, 1969-NMCA-095, 80 N.M. 748, 461 P.2d 230.
Crime as public offense. — A crime is a public offense, and all public offenses are expressly defined to be crimes in New Mexico. 1959 Op. Att'y Gen. No. 59-154 (opinion rendered under 40-1-2 to 40-1-4, 1953 Comp.).
Violation of public law. — A "public offense" is the same as a "crime," and may include a breach of the laws established for the protection of the public, as distinguished from an infringement of mere private rights. It is an act committed or omitted in violation of public law. 1959 Op. Att'y Gen. No. 59-154 (opinion rendered under 40-1-2 to 40-1-4, 1953 Comp.).
Structure 2021 New Mexico Statutes
Chapter 30 - Criminal Offenses
Article 1 - General Provisions
Section 30-1-1 - Name and effective date of code.
Section 30-1-2 - Application of code.
Section 30-1-3 - Construction of Criminal Code.
Section 30-1-4 - Crime defined.
Section 30-1-5 - Classification of crimes.
Section 30-1-6 - Classified crimes defined.
Section 30-1-7 - Degrees of felonies.
Section 30-1-8 - Time limitations for commencing prosecution.
Section 30-1-9 - Tolling of time limitation for prosecution for crimes.
Section 30-1-9.1 - Offenses against children; tolling of statute of limitations.
Section 30-1-9.2 - Criminal sexual penetration; tolling of statute of limitations.
Section 30-1-10 - Double jeopardy.
Section 30-1-11 - Criminal sentence permitted only upon conviction.