As used in the Victims of Crime Act:

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Terms Used In New Mexico Statutes 31-26-3

  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.

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 N.M. Stat. Ann.;

(2)     aggravated arson, as provided in Section 30-17-6 N.M. Stat. Ann.; (3)     aggravated assault, as provided in Section 30-3-2 N.M. Stat. Ann.; (4)     aggravated battery, as provided in Section 30-3-5 N.M. Stat. Ann.;

(5)     dangerous use of explosives, as provided in Section 30-7-5 N.M. Stat. Ann.;

1978;

(6)     negligent use of a deadly weapon, as provided in Section 30-7-4 NMSA (7)     murder, as provided in Section 30-2-1 N.M. Stat. Ann.;

(8)     voluntary manslaughter, as provided in Section 30-2-3 N.M. Stat. Ann.; (9)     involuntary manslaughter, as provided in Section 30-2-3 N.M. Stat. Ann.; (10)    kidnapping, as provided in Section 30-4-1 N.M. Stat. Ann.;

(11)    criminal sexual penetration, as provided in Section 30-9-11 N.M. Stat. Ann.;

1978;

(12)    criminal sexual contact of a minor, as provided in Section 30-9-13 NMSA (13)    armed robbery, as provided in Section 30-16-2 N.M. Stat. Ann.;

(14)    homicide by vehicle, as provided in Section 66-8-101 N.M. Stat. Ann.;

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 (17)    stalking or aggravated stalking, as provided in the Harassment and Stalking Act [N.M. Stat. Ann. Chapter 30, Article 3A];

(18)    aggravated assault against a household member, as provided in section 30-3-13 N.M. Stat. Ann.;

(19)    assault against a household member with intent to commit a violent felony, as provided in Section 30-3-14 N.M. Stat. Ann.;

(20)    battery against a household member, as provided in Section 30-3-15 N.M. Stat. Ann.; or

(21)    aggravated battery against a household member, as provided in section 30-3-16 N.M. Stat. Ann.;

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.