29-15-2. Definitions.
731 words·~3 min read·
/nm/chapter-29-law-enforcement/article-15-missing-persons-information-and-reporting/29-15-2·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
As used in the Missing Persons Information and Reporting Act:
A. "Brittany alert" means a notification relating to an endangered person:
(1)who is a missing person; and
(2)about whom there is a clear indication that the person has a developmental disability as defined in Subsection A of Section 28-16A-6 NMSA 1978 and that the person's health or safety is at risk;
B. "child" means a person under the age of eighteen years who is not emancipated;
C. "clearinghouse" means the missing persons information clearinghouse;
D. "custodian" means a parent, guardian or other person who exercises legal physical control, care or custody of a child or of an adult with a developmental disability; or a person who performs one or more activities of daily living for an adult;
E. "endangered person" means a missing person who:
(1)is in imminent danger of causing harm to the person's self;
(2)is in imminent danger of causing harm to another;
(3)is in imminent danger of being harmed by another or who has been harmed by another;
(4)has been a victim of a crime as provided in the Crimes Against Household Members Act [30-3-10 through 30-3-18 NMSA 1978] or in Section 30-3A-3 or 30-3A-3.1 NMSA 1978, or their equivalents in any other jurisdiction;
(5)is or was protected by an order of protection pursuant to the Family Violence Protection Act [Chapter 40, Article 13 NMSA 1978];
(6)has Alzheimer's disease, dementia or another degenerative brain disorder or a brain injury; or
(7)has a developmental disability as defined in Subsection A of Section 28- 16A-6 NMSA 1978 and that person's health or safety is at risk;
F. "immediate family member" means the spouse, nearest relative or close friend of a person;
G. "law enforcement agency" means a law enforcement agency of the state, a state agency or a political subdivision of the state;
H. "lead station" means an AM radio station that has been designated as the "state primary station" by the federal communications commission for the emergency alert system;
I. "missing person" means a person whose whereabouts are unknown to the person's custodian or immediate family member and the circumstances of whose absence indicate that:
(1)the person did not leave the care and control of the custodian or immediate family member voluntarily and the taking of the person was not authorized by law; or
(2)the person voluntarily left the care and control of the custodian without the custodian's consent and without intent to return;
J. "missing person report" means information that is:
(1)given to a law enforcement agency on a form used for sending information to the national crime information center; and
(2)about a person whose whereabouts are unknown to the reporter and who is alleged in the form submitted by the reporter to be missing;
K. "person" means an individual, regardless of age;
L. "possible match" means the similarities between unidentified human remains and a missing person that would lead one to believe they are the same person;
M. "reporter" means the person who reports a missing person;
N. "silver alert" means a notification relating to an endangered person:
(1)who is a missing person; and
(2)who is fifty years or older; or
(3)who the reporter believes displays signs or symptoms of Alzheimer's disease or another form of dementia, cognitive decline or impairment, regardless of age;
O. "state agency" means an agency of the state, a political subdivision of the state or a public post-secondary educational institution;
P. "state registrar" means the employee so designated by the public health division of the department of health pursuant to the Vital Statistics Act [Chapter 24, Article 14 NMSA 1978]; and
Q. "turquoise alert" means a notification relating to a missing person who is an enrolled member or a person eligible for enrollment in a federally or state-recognized Indian nation, tribe or pueblo and the person:
(1)is missing due to involuntary, unexplained or suspicious circumstances;
(2)is at risk due to safety or health concerns; or
(3)suffers from a mental or physical disability or substance abuse disorder. History: Laws 1995, ch. 146, § 2; 2007, ch. 119, § 1; 2010, ch. 32, § 2; 2010, ch. 33, § 3; 2013, ch. 81, § 2; 2016, ch. 8, § 1; 2019, ch. 50, § 1; 2025, ch. 19, § 1; 2025, ch. 58, § 1.