New Mexico Statutes 31-26-3. Definitions
As used in the Victims of Crime Act:
Terms Used In New Mexico Statutes 31-26-3
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
A. “court” means magistrate court, metropolitan court, children’s court, district court, the court of appeals or the supreme court;
B. “criminal offense” means:
(1) negligent arson resulting in death or bodily injury, as provided in Subsection B of Section 30-17-5 N.M. Stat. Ann.;
(2) aggravated arson, as provided in Section 30-17-6 N.M. Stat. Ann.; (3) aggravated assault, as provided in Section 30-3-2 N.M. Stat. Ann.; (4) aggravated battery, as provided in Section 30-3-5 N.M. Stat. Ann.;
(5) dangerous use of explosives, as provided in Section 30-7-5 N.M. Stat. Ann.;
1978;
(6) negligent use of a deadly weapon, as provided in Section 30-7-4 NMSA (7) murder, as provided in Section 30-2-1 N.M. Stat. Ann.;
(8) voluntary manslaughter, as provided in Section 30-2-3 N.M. Stat. Ann.; (9) involuntary manslaughter, as provided in Section 30-2-3 N.M. Stat. Ann.; (10) kidnapping, as provided in Section 30-4-1 N.M. Stat. Ann.;
(11) criminal sexual penetration, as provided in Section 30-9-11 N.M. Stat. Ann.;
1978;
(12) criminal sexual contact of a minor, as provided in Section 30-9-13 NMSA (13) armed robbery, as provided in Section 30-16-2 N.M. Stat. Ann.;
(14) homicide by vehicle, as provided in Section 66-8-101 N.M. Stat. Ann.;
1978;
(15) great bodily injury by vehicle, as provided in Section 66-8-101 NMSA 1978;
(16) abandonment or abuse of a child, as provided in Section 30-6-1 NMSA (17) stalking or aggravated stalking, as provided in the Harassment and Stalking Act [N.M. Stat. Ann. Chapter 30, Article 3A];
(18) aggravated assault against a household member, as provided in section 30-3-13 N.M. Stat. Ann.;
(19) assault against a household member with intent to commit a violent felony, as provided in Section 30-3-14 N.M. Stat. Ann.;
(20) battery against a household member, as provided in Section 30-3-15 N.M. Stat. Ann.; or
(21) aggravated battery against a household member, as provided in section 30-3-16 N.M. Stat. Ann.;
C. “court proceeding” means a hearing, argument or other action scheduled by and held before a court;
D. “family member” means a spouse, child, sibling, parent or grandparent;
E. “formally charged” means the filing of an indictment, the filing of a criminal information pursuant to a bind-over order, the filing of a petition or the setting of a preliminary hearing;
F. “victim” means an individual against whom a criminal offense is committed. “Victim” also means a family member or a victim’s representative when the individual against whom a criminal offense was committed is a minor, is incompetent or is a homicide victim; and
G. “victim’s representative” means an individual designated by a victim or appointed by the court to act in the best interests of the victim.