Any person subject to Chapter 20 NMSA 1978 who, without justification or excuse, unlawfully kills a human being, when he:
A. has a premeditated design to kill;
B. intends to kill or inflict great bodily harm;
C. is engaged in an act which is inherently dangerous to others and evinces a wanton disregard of human life; or
D. is engaged in the perpetration or attempted perpetration of burglary, sodomy, rape, robbery or aggravated arson;
is guilty of murder, and shall suffer punishment as a court-martial may direct, except that if found guilty under Subsection A or D of this section, he shall suffer death or imprisonment for life as a court-martial may direct.
History: 1978 Comp., § 20-12-49, enacted by Laws 1989, ch. 337, § 48.
Effective dates. — Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Validity and construction of "extreme indifference" murder statute, 7 A.L.R.5th 758.
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