Section 31-26-3 - Definitions. - New Mexico Statutes

31-26-3. Definitions.

As used in the Victims of Crime Act:   

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 NMSA 1978;   

(2)     aggravated arson, as provided in Section 30-17-6 NMSA 1978;   

(3)     aggravated assault, as provided in Section 30-3-2 NMSA 1978;   

(4)     aggravated battery, as provided in Section 30-3-5 NMSA 1978;   

(5)     dangerous use of explosives, as provided in Section 30-7-5 NMSA 1978;   

(6)     negligent use of a deadly weapon, as provided in Section 30-7-4 NMSA 1978;   

(7)     murder, as provided in Section 30-2-1 NMSA 1978;   

(8)     voluntary manslaughter, as provided in Section 30-2-3 NMSA 1978;   

(9)     involuntary manslaughter, as provided in Section 30-2-3 NMSA 1978;   

(10)     kidnapping, as provided in Section 30-4-1 NMSA 1978;   

(11)     criminal sexual penetration, as provided in Section 30-9-11 NMSA 1978;   

(12)     criminal sexual contact of a minor, as provided in Section 30-9-13 NMSA 1978;   

(13)     armed robbery, as provided in Section 30-16-2 NMSA 1978;   

(14)     homicide by vehicle, as provided in Section 66-8-101 NMSA 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 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;   

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.