As used in the Missing Persons Information and Reporting Act:

Terms Used In New Mexico Statutes 29-15-2

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).

A. “Brittany alert” means a notification relating to an endangered person: (1)     who is a missing person; and

(2)     about whom there is a clear indication that the person has a developmental disability as defined in Subsection A of Section 28-16A-6 N.M. Stat. Ann. and that the person’s health or safety is at risk;

B. “child” means a person under the age of eighteen years who is not emancipated; C. “clearinghouse” means the missing persons information clearinghouse;

D. “custodian” means a parent, guardian or other person who exercises legal physical control, care or custody of a child or of an adult with a developmental disability; or a person who performs one or more activities of daily living for an adult;

E. “endangered person” means a missing person who:

(1)     is in imminent danger of causing harm to the person’s self; (2)     is in imminent danger of causing harm to another;

(3)     is in imminent danger of being harmed by another or who has been harmed by another;

(4)     has been a victim of a crime as provided in the Crimes Against Household Members Act N.M. Stat. Ann. § 30-3-10 to 30-3-18 or in Section 30-3A-3 or 30-3A-3.1 N.M. Stat. Ann., or their equivalents in any other jurisdiction;

(5)     is or was protected by an order of protection pursuant to the Family Violence Protection Act [N.M. Stat. Ann. Chapter 40, Article 13];

(6)     has Alzheimer’s disease, dementia or another degenerative brain disorder or a brain injury; or

(7)     has a developmental disability as defined in Subsection A of Section 28- 16A-6 NMSA 1978 and that person’s health or safety is at risk;

F. “immediate family member” means the spouse, nearest relative or close friend of a person;

G. “law enforcement agency” means a law enforcement agency of the state, a state agency or a political subdivision of the state;

H. “lead station” means an AM radio station that has been designated as the “state primary station” by the federal communications commission for the emergency alert system;

I. “missing person” means a person whose whereabouts are unknown to the person’s custodian or immediate family member and the circumstances of whose absence indicate that:

(1)     the person did not leave the care and control of the custodian or

immediate family member voluntarily and the taking of the person was not authorized by law; or

(2)     the person voluntarily left the care and control of the custodian without the custodian’s consent and without intent to return;

J. “missing person report” means information that is:

(1)     given to a law enforcement agency on a form used for sending information to the national crime information center; and

(2)     about a person whose whereabouts are unknown to the reporter and who is alleged in the form submitted by the reporter to be missing;

K. “person” means an individual, regardless of age;

L. “possible match” means the similarities between unidentified human remains and a missing person that would lead one to believe they are the same person;

M. “reporter” means the person who reports a missing person;

N. “silver alert” means a notification relating to an endangered person: (1)     who is a missing person; and

(2)     who is fifty years or older; or

(3)     about whom there is a clear indication that the individual suffers from Alzheimer’s disease or another form of dementia, regardless of age;

O. “state agency” means an agency of the state, a political subdivision of the state or a public post-secondary educational institution; and

P. “state registrar” means the employee so designated by the public health division of the department of health pursuant to the Vital Statistics Act [N.M. Stat. Ann. Chapter 24, Article 14].