N.M. Stat. § 30-2-6
This is the official text of N.M. Stat. § 30-2-6, part of New Mexico’s Stat — part of the compiled statutory law of New Mexico, published by the state as "Stat." Browse the sections below, each linked to its official government source.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
§ 30-2-6. Justifiable homicide by public officer or public employee
Official statutory text
A. Homicide is justifiable when committed by a public officer or public employee or those acting by their command and in their aid and assistance:
(1) in obedience to any judgment of a competent court;
(2) when necessarily committed in overcoming actual resistance to the execution of some legal process or to the discharge of any other legal duty;
(3) when necessarily committed in retaking felons who have been rescued or who have escaped or when necessarily committed in arresting felons fleeing from justice; or
(4) when necessarily committed in order to prevent the escape of a felon from any place of lawful custody or confinement.
B. For the purposes of this section, homicide is necessarily committed when a public officer or public employee has probable cause to believe he or another is threatened with serious harm or deadly force while performing those lawful duties described in this section. Whenever feasible, a public officer or employee should give warning prior to using deadly force.
(1) in obedience to any judgment of a competent court;
(2) when necessarily committed in overcoming actual resistance to the execution of some legal process or to the discharge of any other legal duty;
(3) when necessarily committed in retaking felons who have been rescued or who have escaped or when necessarily committed in arresting felons fleeing from justice; or
(4) when necessarily committed in order to prevent the escape of a felon from any place of lawful custody or confinement.
B. For the purposes of this section, homicide is necessarily committed when a public officer or public employee has probable cause to believe he or another is threatened with serious harm or deadly force while performing those lawful duties described in this section. Whenever feasible, a public officer or employee should give warning prior to using deadly force.
Status: in_force
Need a lawyer in New Mexico?
Find a New Mexico lawyer
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.