As used in the Criminal Sentencing Act:
A. "serious youthful offender" means an individual fifteen to eighteen years of age who is charged with and indicted or bound over for trial for first degree murder; and
B. "youthful offender" means a delinquent child subject to adult or juvenile sanctions who is:
(1) fourteen to eighteen years of age at the time of the offense and who is adjudicated for at least one of the following offenses:
(a) second degree murder, as provided in Section 30-2-1 NMSA 1978;
(b) assault with intent to commit a violent felony, as provided in Section 30-3-3 NMSA 1978;
(c) kidnapping, as provided in Section 30-4-1 NMSA 1978;
(d) aggravated battery, as provided in Subsection C of Section 30-3-5 NMSA 1978;
(e) aggravated battery upon a peace officer, as provided in Subsection C of Section 30-22-25 NMSA 1978;
(f) shooting at a dwelling or occupied building or shooting at or from a motor vehicle, as provided in Section 30-3-8 NMSA 1978;
(g) dangerous use of explosives, as provided in Section 30-7-5 NMSA 1978;
(h) criminal sexual penetration, as provided in Section 30-9-11 NMSA 1978;
(i) robbery, as provided in Section 30-16-2 NMSA 1978;
(j) aggravated burglary, as provided in Section 30-16-4 NMSA 1978;
(k) aggravated arson, as provided in Section 30-17-6 NMSA 1978; or
(l) abuse of a child that results in great bodily harm or death to the child, as provided in Section 30-6-1 NMSA 1978;
(2) fourteen to eighteen years of age at the time of the offense and adjudicated for any felony offense and who has had three prior, separate felony adjudications within a three-year time period immediately preceding the instant offense. The felony adjudications relied upon as prior adjudications shall not have arisen out of the same transaction or occurrence or series of events related in time and location. Successful completion of consent decrees is not considered a prior adjudication for the purposes of this paragraph; or
(3) fourteen years of age and adjudicated for first degree murder, as provided in Section 30-2-1 NMSA 1978.
History: Laws 1993, ch. 77, § 1; 1994, ch. 18, § 2; 1995, ch. 205, § 1; 1996, ch. 85, § 1.
ANNOTATIONSThe 1996 amendment, effective July 1, 1996, substituted "fifteen to eighteen" for "sixteen or seventeen" in Subsection A; substituted "fourteen" for "fifteen" at the beginning of Paragraphs B(1), (2) and (3); deleted "which results in great bodily harm to another person" in Subparagraph B(1)(f) preceding "as provided"; added Subparagraph b(1)(l); and substituted "three-year" for "two-year" in Paragraph B(2).
The 1995 amendment, effective June 16, 1995, inserted "Subsection C of" in Subdivision B(1)(d), and added Subdivision B(1)(e) and redesignated the remaining subdivisions accordingly.
The 1994 amendment, effective July 1, 1994, inserted Subparagraph B(1)(e), and redesignated former Subparagraphs B(1)(e) to B(1)(i) as Subparagraphs B(1)(f) to B(1)(j).