2019 New Mexico Statutes
Chapter 30 - Criminal Offenses
Article 5A - Partial-Birth Abortion Ban
Section 30-5A-5 - Criminal penalty; exception.
A. Except as provided in Subsections B, C, D and E of this section, a person who violates Section 3 [30-5A-3 NMSA 1978] of the Partial-Birth Abortion Ban Act is guilty of a fourth degree felony and shall be sentenced pursuant to Section 31-18-15 NMSA 1978.
B. The provisions of the Partial-Birth Abortion Ban Act shall apply only to the exact procedure specified in that act.
C. The provisions of the Partial-Birth Abortion Ban Act are not intended to criminalize any other method of terminating a woman's pregnancy.
D. The provisions of the Partial-Birth Abortion Ban Act are not intended to subject a woman, upon whom the procedure specified in that act is performed, to criminal culpability as an accomplice, aider, abettor, solicitor or conspirator.
E. The provisions of the Partial-Birth Abortion Ban Act are not intended to subject any person to criminal culpability pursuant to laws governing attempt, solicitation or conspiracy to commit a crime.
History: Laws 2000, ch. 55, § 5.
ANNOTATIONSEffective dates. — Laws 2000, ch. 55 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective on May 17, 2000, 90 days after adjournment of the legislature.
Severability. — Laws 2000, ch. 55, § 6 provides that, except for § 3 of the Partial-Birth Abortion Ban Act, if any part or application of that act is held invalid, the remainder of its application to other situations or persons shall not be affected.
