New Mexico Statutes Chapter 31. Criminal Procedure § 31-20A-5. Aggravating circumstances
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The aggravating circumstances to be considered by the sentencing court or jury pursuant to the provisions of Section 31-20A-2 NMSA 1978 are limited to the following:
A. the victim was a peace officer who was acting in the lawful discharge of an official duty when he was murdered;
B. the murder was committed with intent to kill in the commission of or attempt to commit kidnaping, criminal sexual contact of a minor or criminal sexual penetration;
C. the murder was committed with the intent to kill by the defendant while attempting to escape from a penal institution of New Mexico;
D. while incarcerated in a penal institution in New Mexico, the defendant, with the intent to kill, murdered a person who was at the time incarcerated in or lawfully on the premises of a penal institution in New Mexico. As used in this subsection “penal institution” includes facilities under the jurisdiction of the corrections and criminal rehabilitation department [corrections department] and county and municipal jails;
E. while incarcerated in a penal institution in New Mexico, the defendant, with the intent to kill, murdered an employee of the corrections and criminal rehabilitation department [corrections department];
F. the capital felony was committed for hire; and
G. the capital felony was murder of a witness to a crime or any person likely to become a witness to a crime, for the purpose of preventing report of the crime or testimony in any criminal proceeding, or for retaliation for the victim having testified in any criminal proceeding.
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