2021 New Mexico Statutes
Chapter 30 - Criminal Offenses
Article 1 - General Provisions
Section 30-1-2 - Application of code.

The Criminal Code has no application to crimes committed prior to its effective date.

A crime is committed prior to the effective date of the Criminal Code if any of the essential elements of the crime occurred before that date.

Prosecutions for prior crimes shall be governed, prosecuted and punished under the laws existing at the time such crimes were committed.

History: 1953 Comp., § 40A-1-2, enacted by Laws 1963, ch. 303, § 1-2.

Indian country. — Where a state road, which was built on land owned by the federal government and administered by the United States forest service pursuant to an easement granted to the state by the forest service, served as the border between two pueblos, but was not within either pueblo and where there has been no explicit congressional or executive action recognizing the property as Indian country or transferring the property for the use of Indians or to the bureau of Indian affairs, the road was not located in Indian country for purposes of criminal jurisdiction. State v. Quintana, 2008-NMSC-012, 143 N.M. 535, 178 P.3d 820, aff'g 2008-NMCA-025, 143 N.M. 538, 178 P.3d 823.

A person need not be enrolled in a tribe to be recognized as an Indian for purposes of criminal jurisdiction. — Where the state filed a petition to revoke defendant's probation, alleging that he violated a condition of his probation by committing two new offenses, battery on a household member and criminal damage to property, and that the charged offenses occurred on the Mescalero Apache reservation and that the offenses involved two non-tribal members, but where defendant presented additional facts by proffer that he is 7/32 Mescalero by blood, that he is an affiliate of the tribe, that he attended school on the reservation, and that he receives services on the reservation, the district court erred in denying defendant's motion to dismiss for lack of jurisdiction because enrollment as a member of a recognized tribe or pueblo is not a mandatory prerequisite for Indian status. A court must consider other factors to determine whether tribal or federal recognition as an Indian is satisfied. State v. Salazar, 2020-NMCA-021.

This section was enacted as a transitional rule prior to the enactment of the Criminal Code. State v. Shay, 2004-NMCA-077, 136 N.M. 8, 94 P.3d 8, cert. quashed, 2005-NMCERT-002, 137 N.M. 266, 110 P.3d 74.

Application of savings clause of this section. — Based upon the savings clause of the Criminal Code, found in this section, and N.M. Const., art. IV, § 33, providing that no person shall be exempt from prosecution for any crime by reason of repeal of the law in question, the court correctly applied former 41-16-1, 1953 Comp., the Habitual Criminal Act (now Section 31-18-17 NMSA 1978), when sentence was imposed on defendant. State v. Tipton, 1967-NMSC-270, 78 N.M. 600, 435 P.2d 430.

Section conflict with Section 12-2A-16 NMSA 1978. — To the extent 12-2A-16 NMSA 1978, enacted in 1997, and this section, enacted in 1963, conflict, the latter enactment supercedes the prior. State v. Shay, 2004-NMCA-077, 136 N.M. 8, 94 P.3d 8, cert. quashed, 2005-NMCERT-002, 137 N.M. 266, 110 P.3d 74.