DataNew Mexico  

*These factors track the process--i.e. the effort and obstacles--for obtaining data from individual states under the Freedom of Information Act (FOIA) request and appeals process. These factors do not measure the quality of the data; only the process of attempting to obtain the data.

• 106

  days to respond to our FOIA request.

New Mexico took 106 days to respond to our FOIA request with an Excel spreadsheet.

New Mexico’s statutes, however, are not specific for felony murder. Although we attempted to use publicly available web portals to identify individuals incarcerated under felony murder, as in most other states, New Mexico does not have a statute specifically codifying felony murder, which would make it easier to identify and isolate felony murder conviction data. Instead, as in most other states, felony murder is defined within its other murder statute and the publicly available conviction and sentence information did not distinguish felony murder from other murder convictions.

We appealed the FOIA results and asked for more specific data related to felony murder, but New Mexico did not send over anything specific to felony murder

"NMCD anticipates being able to notify you accordingly and respond to your request by or on 9/2/2023." The NMCD never did respond.

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In New Mexico, felony murder is defined in the first degree murder statute (N.M. Stat. Ann. § 30-2-1).

Prosecutors can charge and convict any person of murder without having to prove that they intended to cause another person’s death, but do have to prove that a person exhibited at least “recklessness” or “gross negligence”--i.e. that “in the commission of or attempt to commit any felony,” a person “knew that his or her acts created a strong probability of death or great bodily harm.” State v. Fry, 138 N.M. 700, 711 (2005); State v. Groves, 478 P.3d 915, 920 (2020).

A conviction for felony murder carries a sentence of life or life without the possibility of parole.