Crime defined.

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A crime is an act or omission forbidden by law and for which, upon conviction, a sentence of either death, imprisonment or a fine is authorized.

History: 1953 Comp., § 40A-1-4, enacted by Laws 1963, ch. 303, § 1-4.

ANNOTATIONS

Nature of criminal intent. — Criminal intent is more than intentional taking. It is a mental state of conscious wrongdoing. State v. Austin, 1969-NMCA-095, 80 N.M. 748, 461 P.2d 230.

Crime as public offense. — A crime is a public offense, and all public offenses are expressly defined to be crimes in New Mexico. 1959 Op. Att'y Gen. No. 59-154 (opinion rendered under 40-1-2 to 40-1-4, 1953 Comp.).

Violation of public law. — A "public offense" is the same as a "crime," and may include a breach of the laws established for the protection of the public, as distinguished from an infringement of mere private rights. It is an act committed or omitted in violation of public law. 1959 Op. Att'y Gen. No. 59-154 (opinion rendered under 40-1-2 to 40-1-4, 1953 Comp.).


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