· 3/1/1993
Santillanes v. State
Citations
- 849 P.2d 358
- 115 N.M. 215
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the child abuse statute requires a showing of criminal negligence
- stating that when a crime is punishable as a felony, a higher mens rea requirement is appropriate
- stating that strict liability regulatory measures are generally aimed at achieving a societal good, rather than punishing conduct manifesting moral culpability
- noting that the Court did not have to consider whether child abuse was a strict liability crime because statute contained mens rea elements
- presuming that the word “negligence” in a criminal statute means criminal as opposed to civil negligence, absent a contrary indication from the Legislature
- stating that a new interpretation 3 of law would apply to cases pending on appeal in which the relevant issue had been 4 raised
Source: CourtListener parenthetical corpus (CC0).
Judges: Frost, Ransom, Baca, Montgomery, Franchini
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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