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HOUSE BILL 136
57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
INTRODUCED BY
Andrea Reeb
AN ACT
RELATING TO CRIME; ADDING THE EXPOSURE TO THE USE OF FENTANYL
AS EVIDENCE OF ABUSE OF A CHILD.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 30-6-1 NMSA 1978 (being Laws 1973,
Chapter 360, Section 10, as amended) is amended to read:
"30-6-1. ABANDONMENT OR ABUSE OF A CHILD.--
A. As used in this section:
(1) "child" means a person who is less than
eighteen years of age;
(2) "neglect" means that a child is without
proper parental care and control of subsistence, education,
medical or other care or control necessary for the child's
well-being because of the faults or habits of the child's
parents, guardian or custodian or their neglect or refusal,
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when able to do so, to provide them; and
(3) "negligently" refers to criminal
negligence and means that a person knew or should have known of
the danger involved and acted with a reckless disregard for the
safety or health of the child.
B. Abandonment of a child consists of the parent,
guardian or custodian of a child intentionally leaving or
abandoning the child under circumstances whereby the child may
or does suffer neglect. A person who commits abandonment of a
child is guilty of a misdemeanor, unless the abandonment
results in the child's death or great bodily harm, in which
case the person is guilty of a second degree felony.
C. A parent, guardian or custodian who leaves an
infant less than ninety days old in compliance with the Safe
Haven for Infants Act shall not be prosecuted for abandonment
of a child.
D. Abuse of a child consists of a person knowingly,
intentionally or negligently, and without justifiable cause,
causing or permitting a child to be:
(1) placed in a situation that may endanger
the child's life or health;
(2) tortured, cruelly confined or cruelly
punished; or
(3) exposed to the inclemency of the weather.
E. A person who commits abuse of a child that does
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not result in the child's death or great bodily harm is, for a
first offense, guilty of a third degree felony and for second
and subsequent offenses is guilty of a second degree felony.
If the abuse results in great bodily harm to the child, the
person is guilty of a first degree felony.
F. A person who commits negligent abuse of a child
that results in the death of the child is guilty of a first
degree felony.
G. A person who commits intentional abuse of a
child twelve to eighteen years of age that results in the death
of the child is guilty of a first degree felony.
H. A person who commits intentional abuse of a
child less than twelve years of age that results in the death
of the child is guilty of a first degree felony resulting in
the death of a child.
I. Evidence that demonstrates that a child has been
knowingly, intentionally or negligently allowed to enter or
remain in a motor vehicle, building or any other premises that
contains chemicals and equipment used or intended for use in
the manufacture of a controlled substance shall be deemed prima
facie evidence of abuse of the child.
J. Evidence that demonstrates that a child has been
knowingly and intentionally exposed to the use of
methamphetamine or fentanyl shall be deemed prima facie
evidence of abuse of the child.
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K. A person who leaves an infant less than ninety
days old at a hospital may be prosecuted for abuse of the
infant for actions of the person occurring before the infant
was left at the hospital."
SECTION 2. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2025.
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