According to the New Mexico Children, Youth, and Families Department (CYFD), New Mexico laws define children physical abuse as any incident where a child demonstrates proof of skin bruising, bleeding, malnutrition, burns, broken bones, hematomas, swelling, or death, and there is not a reasonable explanation for those. Sexual abuse consists of any criminal sexual contact, incest or sexual penetration, and sexual exploitation, which includes allowing, accepting, or incentivizing a child to practice prostitution and child pornography (New Mexico CYFD, 2023). Child neglect states the abandonment of a child by parents, guardian, or custodian and the deficiency to provide the child with adequate care, education, medical needs, or any other care essential for the child's well-being; neglect can also be extended to situations where parents, guardian, or custodian knew or should be aware of a child being sexually or physically abused, and failed to take action to promote the child's protection and prevent more harm. (New Mexico CYFD, 2023). Cases, where parents, guardian, or custodian cannot perform their responsibilities regarding the child because they are incarcerated, hospitalized, or have a physical or mental condition or disability are also considered child neglect.

Jack Mkhitarian, a criminal defense attorney in New Mexico, points out that in this state, a person accused of child abuse or neglect must have a basic knowledge that their actions or omission put the child's well-being at risk (Mkhitarian, 2023). The punishments for those acts vary. Mkhitarian describes that those accused for the first time of child abuse that did not result in a child's death or severe bodily injury can be charged with first-degree felony; if the person commits any other child abuse offenses, they will be charged with second-degree felony. Those who commit child abuse that ends up in the child's death or severe bodily injury will be guilty of first-degree felony (Mkhitarian, 2023). When it comes to child neglect, if the negligence results in the child's death, the offender is also guilty of first-degree felony; the punishments for child neglect cases that do not result in the child's death is misdemeanor, and jail time and fines vary accordingly to the crime frequency (Mkhitarian, 2023) When a parent, guardian, or custodian is charged with misdemeanor or felony, the individual will face child custody outcomes, and can lose their parental rights (Mkhitarian, 2023).

  It was interesting to find out that, in New Mexico, driving drunk when a child is in the car is also considered child negligence, and the person can be charged with a third-degree felony. Moreover, if more than one child is in the car, the person can be charged with one felony per child (Mkhitarian, 2023). This situation was something I had never thought about, but I agree and totally support it.

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