New Mexico Hate Crimes Law
Gender identity protected? Yes
Effective July 1, 2003, New Mexico outlaws hate crimes committed because of the victim's actual or perceived race, religion, color, national origin, ancestry, gender, sexual orientation or gender identity. An Act Related to Criminal Sentencing, N.M. Comm. Subst./S.B. 38/249 (April 8, 2003). "Gender identity" is defined to mean "a person's self-perception, or perception of that person by another, of the person's identity as a male or female based upon the person's appearance, behavior or physical characteristics that are in accord or opposed to the person's physical anatomy, chromosomal sex or sex at birth." Upon sentencing for a crime committed because of "bias or prejudice," a first-time offender could get a year, and a repeat offender an extra two years, added to his or her prison sentence.
Sexual orientation protected? Yes
Effective July 1, 2003, New Mexico outlaws hate crimes committed because of the victim's actual or perceived race, religion, color, national origin, ancestry, gender, sexual orientation or gender identity. An Act Related to Criminal Sentencing, N.M. Comm. Subst./S.B. 38/249 (April 8, 2003). "Sexual orientation" is defined to mean heterosexuality, homosexuality or bisexuality, whether actual or perceived. Upon sentencing for a crime committed because of "bias or prejudice," a first-time offender could get a year, and a repeat offender an extra two years, added to his or her prison sentence.
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Last Updated: 3/20/2007