# N.M. Stat. § 30-6-1: Abandonment or abuse of a child

> New Mexico · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_NM_C30_A6_S30-6-1

## Section

- **Citation:** N.M. Stat. § 30-6-1
- **Heading:** Abandonment or abuse of a child
- **Jurisdiction:** New Mexico
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** NM Code / Chapter 30 / Article 6 / Section 30-6-1

## Text

A. As used in this section:

(1) “ child ” means a person who is less than eighteen years of age;

(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

(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.

B. 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.

C. A parent, guardian or custodian who leaves an infant less than ninety days old in compliance with the Safe Haven for Infants Act shall not be prosecuted for abandonment of a child.

D. Abuse of a child consists of a person knowingly, intentionally or negligently, and without justifiable cause, causing or permitting a child to be:

(1) placed in a situation that may endanger the child's life or health;

(2) tortured, cruelly confined or cruelly punished; or

(3) exposed to the inclemency of the weather.

E. 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.

F. A person who commits negligent abuse of a child that results in the death of the child is guilty of a first degree felony.

G. 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.

H. 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.

I. 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.

J. 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.

K. 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.

## Nearby sections

- [N.M. Stat. § 30-6-1 § 30-6-1. Abandonment or abuse of a child](https://www.frixlaw.com/law-library/statutes/STATE_NM_STATUTES_C30_A6_S30-6-1.md)
- [N.M. Stat. § 30-6-1 § 30-6-1. Abandonment or abuse of a child](https://www.frixlaw.com/law-library/statutes/STATE_NM_C30_A6_S30-6-1.md)
- [N.M. Stat. § 30-6-2 § 30-6-2. Abandonment of dependent](https://www.frixlaw.com/law-library/statutes/STATE_NM_C30_A6_S30-6-2.md)
- [N.M. Stat. § 30-6-2 § 30-6-2. Abandonment of dependent](https://www.frixlaw.com/law-library/statutes/STATE_NM_STATUTES_C30_A6_S30-6-2.md)
- [N.M. Stat. § 30-6-3 § 30-6-3. Contributing to delinquency of minor](https://www.frixlaw.com/law-library/statutes/STATE_NM_C30_A6_S30-6-3.md)
- [N.M. Stat. § 30-6-3 § 30-6-3. Contributing to delinquency of minor](https://www.frixlaw.com/law-library/statutes/STATE_NM_STATUTES_C30_A6_S30-6-3.md)
- [N.M. Stat. § 30-6-4 § 30-6-4. Obstruction of reporting or investigation of child abuse or neglect](https://www.frixlaw.com/law-library/statutes/STATE_NM_C30_A6_S30-6-4.md)
- [N.M. Stat. § 30-6-4 § 30-6-4. Obstruction of reporting or investigation of child abuse or neglect](https://www.frixlaw.com/law-library/statutes/STATE_NM_STATUTES_C30_A6_S30-6-4.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_NM_C30_A6_S30-6-1. Check the current official text before relying on it. Not legal advice.
