2019 New Mexico Statutes
Chapter 32A - Children's Code
Article 2 - Delinquency
Section 32A-2-18 - Judgment; noncriminal nature; nonadmissibility.

A. The court shall enter a judgment setting forth the court's findings and disposition in the proceeding. A judgment in proceedings on a petition under the Delinquency Act resulting in a juvenile disposition shall not be deemed a conviction of crime nor shall it impose any civil disabilities ordinarily resulting from conviction of a crime nor shall it operate to disqualify the child in any civil service application or appointment. The juvenile disposition of a child and any evidence given in a hearing in court shall not be admissible as evidence against the child in any case or proceeding in any other tribunal whether before or after reaching the age of majority, except in sentencing proceedings after conviction of a felony and then only for the purpose of a presentence study and report.

B. If a judgment resulting from a youthful offender or serious youthful offender proceeding under the Delinquency Act results in an adult sentence, a record of the judgment shall be admissible in any other case or proceeding in any other court involving the youthful offender or serious youthful offender.

C. If a judgment on a proceeding under the Delinquency Act results in an adult sentence, the determination of guilt at trial becomes a conviction for purposes of the Criminal Code [30-1-1 NMSA 1978].

History: 1978 Comp., § 32A-2-18, enacted by Laws 1993, ch. 77, § 47; 1996, ch. 85, § 3.

The 1996 amendment, effective July 1, 1996, designated the existing language as Subsections A and C, and added Subsection B.

Decisions under prior law. — In light of the similarity of the provisions, annotations decided under former Section 32-1-33 NMSA 1978 have been included in the annotations to this section.

Applicability of criminal appellate procedure does not make children's court matters criminal proceedings. — The applicability of appellate procedure for criminal cases to appeals from judgments of the children's court, where the child was alleged to be delinquent or in need of supervision, does not change the fact that children's court matters are not criminal proceedings. Health & Soc. Servs. Dep't v. Doe, 1978-NMCA-045, 91 N.M. 675, 579 P.2d 801.

Time before transfer and filing of information does not count. — A judgment in any proceedings on a petition under the Children's Code shall not be deemed to be a conviction of a crime. The period of time spent prior to the actual transfer and the filing of the criminal information does not count. State v. Howell, 1976-NMCA-020, 89 N.M. 10, 546 P.2d 858.

Child not to be charged with crime. — A judgment in proceedings on a petition under the Children's Code shall not be deemed a conviction of a crime. Since the Children's Code refers to an act which would be a crime if committed by an adult, it is apparent that a child is not to be charged with a crime but rather with a delinquent act. 1973 Op. Att'y Gen. No. 73-14.

Law reviews. — For survey, "Children's Court Practice in Delinquency and Need of Supervision Cases Under the New Rules," see 6 N.M.L. Rev. 331 (1976).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 47 Am. Jur. 2d Juvenile Courts and Delinquent and Dependent Children § 106 et seq.

What constitutes delinquency or incorrigibility justifying commitment of infant, 45 A.L.R. 1533, 85 A.L.R. 1099.

Sentence: consideration of accused's juvenile record in sentencing for offense committed as adult, 64 A.L.R.3d 1291.

43 C.J.S. Infants §§ 96 to 102.