Skip to main content

New Mexico Statutes Chapter 30. Criminal Offenses § 30-37-4. Notice;  prosecution

Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.

A. No prosecution based under this act shall be commenced unless the district attorney of the county in which the offense occurs shall have previously determined that the matter or performance is harmful to minors and the defendant shall have received actual or constructive notice of such determination.  Persons shall be presumed to have constructive notice of such determination on the fifth business day following publication of a notice of such determination in a newspaper of general circulation in the county in which the prosecution takes place.

B. Any person adversely affected by such determination may, at any time within thirty days after such notice is given, seek a judicial determination of its correctness.  The court shall, unless otherwise agreed by the parties, render judgment not later than two court days following trial.  Filing of an action under this section shall stay prosecution until a judicial determination is rendered, but no appeal shall have such effect unless so ordered by the trial court.

C. No criminal action shall be commenced in any other judicial district within this state during the pendency of the civil action authorized by Subsection B of this section regarding the same matter, exhibition or performance.

Cite this article: FindLaw.com - New Mexico Statutes Chapter 30. Criminal Offenses § 30-37-4. Notice;  prosecution - last updated May 06, 2021 | https://codes.findlaw.com/nm/chapter-30-criminal-offenses/nm-st-sect-30-37-4/


FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

Was this helpful?

Thank you. Your response has been sent.

Copied to clipboard