Is Jaywalking Illegal in New Mexico? Crossing Rules and Fines (2026)

In New Mexico, crossing a street outside a crosswalk is allowed under state law as long as you yield the right of way to all vehicles on the roadway, but it is barred between adjacent intersections where traffic signals are in operation unless you use a marked crosswalk (NMSA 1978, 66-7-335). Cities and counties may also, by ordinance, bar crossing outside a crosswalk in a business district or on designated highways (66-7-333(B)). A violation is a penalty assessment misdemeanor, and the state's penalty assessment schedule lists pedestrian violations at $25 (66-8-116(A)). To compare other states, see our guide to jaywalking laws by state.

Information last verified on 2026-10-10. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers New Mexico state statutes in the Motor Vehicle Code, NMSA 1978 chapter 66: the pedestrian sections 66-7-333 through 66-7-340, the signal sections 66-7-105 and 66-7-106, the construction-zone and controlled-access sections 66-7-303.1 and 66-7-321, the definitions in 66-1-4.3 and 66-1-4.17, the penalty sections 66-8-7, 66-8-116, 66-8-117 and 66-8-130, and the Motor Vehicle Division point schedule in 18.19.5 NMAC. It does not cover the text of any city's or county's ordinances (including Albuquerque, Las Cruces and Santa Fe), tribal or federal land, injury claims after a crash beyond the rules noted below, or the law of other states.

Is jaywalking illegal in New Mexico?

New Mexico's main crossing rule is NMSA 1978, 66-7-335. It provides:

"A. A pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right of way to all vehicles upon the roadway. B. Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right of way to all vehicles upon the roadway. C. Between adjacent intersections at which traffic-control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk. D. A person who violates the provisions of this section is guilty of a penalty assessment misdemeanor."

Subsection A is a duty to yield, not a ban. A pedestrian who crosses mid-block and gives way to every vehicle is following subsection A. Subsection C is the flat rule: on a block bounded by two intersections that both have working traffic signals, the only lawful place to cross is a marked crosswalk. Section 66-7-335 has no clause on crossing an intersection diagonally.

Local ordinances add a second layer. Under 66-7-333(B), a city or county may by ordinance prohibit pedestrians from crossing any roadway in a business district or on designated highways except in a crosswalk (see "Local rules" below).

Controlled-access roads are a separate case. Under 66-7-321(A), the state transportation commission and local authorities "may regulate or prohibit the use of any controlled-access roadway within their respective jurisdictions by any class or kind of traffic that is found to be incompatible with the normal and safe movement of traffic," and the Motor Vehicle Code defines "traffic" to include pedestrians (66-1-4.17(F)). Once the official signs are in place, "no person shall disobey the restrictions stated on the devices" (66-7-321(B)).

What counts as a crosswalk in New Mexico

Whether you are "in a crosswalk" decides which rule applies. The Motor Vehicle Code defines the term in 66-1-4.3(P):

"P. 'crosswalk' means: (1) that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway; and (2) any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface;"

Part (1) is the unmarked crosswalk: the area at an intersection within the connections of the lateral lines of the sidewalks on opposite sides of the highway. Part (2) is any marked crossing, at an intersection or mid-block. Note that the between-signals rule in 66-7-335(C) requires a marked crosswalk, so an unmarked intersection crosswalk does not satisfy that subsection.

Traffic lights and WALK / DON'T WALK signals

Ordinary traffic lights bind pedestrians as well as drivers under NMSA 66-7-105:

• Facing a green light, "pedestrians facing the signal may proceed across the roadway within any marked or unmarked crosswalk" (66-7-105(A)(2)).
• Facing a steady yellow, and again facing a steady red, "no pedestrian facing the signal shall enter the roadway until the green is shown alone unless authorized to do so by a pedestrian 'walk' signal" (66-7-105(B)(2), (C)(4)).
• Facing a red light with a green arrow, "no pedestrian facing the signal shall enter the roadway unless he can do so safely and without interfering with any vehicular traffic" (66-7-105(D)(2)).

Where a pedestrian signal is in place, NMSA 66-7-106 governs:

"(1) 'walk' indicates that pedestrians facing the signal may proceed across the roadway in the direction of the signal and shall be given the right of way by drivers of all vehicles; and (2) 'don't walk' indicates that no pedestrian shall start to cross the roadway in the directions of the signal, but any pedestrian who has partially completed the pedestrian's crossing on the walk signal shall proceed to a sidewalk or safety island while the don't walk signal is showing. B. A person who violates the provisions of this section is guilty of a penalty assessment misdemeanor."

The violation is starting to cross on DON'T WALK. A pedestrian already in the street when the signal changes must keep going to a sidewalk or safety island.

Walking along the road and other pedestrian rules

NMSA 66-7-339 covers walking along a road:

"A. Where sidewalks are provided, it is unlawful for a pedestrian to walk along and upon an adjacent roadway. B. Where sidewalks are not provided, a pedestrian walking along and upon a highway shall, when practicable, walk only on the left side of the roadway or its shoulder facing traffic that may approach from the opposite direction. C. A person who violates the provisions of this section is guilty of a penalty assessment misdemeanor."

The Court of Appeals has held that the state must show the person was walking along and upon an adjacent roadway where a sidewalk was provided; standing in the middle of a street, without more, does not violate 66-7-339(A) (State v. Penman, 2022-NMCA-065, reversed in part on other grounds, 2024-NMSC-024).

Other rules in the pedestrian article:

• "A pedestrian shall not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close that it is impossible for the driver to yield" (66-7-334(B)).
• "Pedestrians shall move, whenever practicable, upon the right half of crosswalks," and a violation is a penalty assessment misdemeanor (66-7-338).
• Crosswalks may be established over highways abutting a school, "and all children crossing the highways shall be required to do so within the marked crosswalks" (66-7-336(A)).
• "No person shall stand in a roadway for the purpose of soliciting a ride, employment or business from the occupant of any vehicle" (66-7-340(A)), and no person may stand on or near a street or highway to solicit the watching or guarding of a parked vehicle (66-7-340(B)).
• In a construction zone, "Every pedestrian or person who operates a vehicle on any street or highway shall obey all signs, signals, markings, flagmen or other traffic-control devices that are placed to regulate, control and guide traffic through a construction zone" (66-7-303.1(C)). A violation is a misdemeanor sentenced under 66-8-7, not a penalty assessment misdemeanor (66-7-303.1(E)).

What drivers owe pedestrians

Pedestrian rules sit alongside separate duties for drivers:

• "When traffic-control signals are not in place or not in operation, the driver of a vehicle shall yield the right of way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is in the crosswalk" (66-7-334(A)).
• When a vehicle is stopped at a marked crosswalk or an unmarked crosswalk at an intersection to let a pedestrian cross, "the driver of another vehicle approaching from the rear shall not overtake and pass the stopped vehicle" (66-7-334(D)). A violation of 66-7-334 is a penalty assessment misdemeanor (66-7-334(E)).
• A pedestrian facing a WALK signal "shall be given the right of way by drivers of all vehicles" (66-7-106(A)(1)).
• On a green light, vehicles, "including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk" (66-7-105(A)(1)).
• A driver turning on a steady red must "yield the right-of-way to all pedestrians and vehicles lawfully in or approaching the intersection," and a driver making a turn on red permitted by a sign must "yield the right-of-way to pedestrians lawfully within an adjacent crosswalk" (66-7-105(C), (F)).
• Notwithstanding the pedestrian sections, "every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway" (66-7-337).

Jaywalking fine and penalty in New Mexico

Each pedestrian rule above with its own penalty subsection makes a violation a "penalty assessment misdemeanor." The amount comes from the schedule in NMSA 66-8-116(A):

The Legislature set the pedestrian rules' current penalty structure in 2018. Laws 2018, ch. 74, effective July 1, 2018, added the penalty subsection to 66-7-335, and the same act raised the scheduled assessment for pedestrian violations from $10 to $25.

Three more rules shape what a ticket can cost:

• Contesting the ticket. If you accept a notice to appear instead of a notice of penalty assessment, "a fine imposed upon later conviction shall not exceed the penalty assessment established for the particular penalty assessment misdemeanor and probation imposed upon a suspended or deferred sentence shall not exceed ninety days" (66-8-116(C)).
• Injury or death crashes. "The term 'penalty assessment misdemeanor' does not include a violation that has caused or contributed to the cause of an accident resulting in injury or death to a person" (66-8-116(B)).
• General penalty. "Unless another penalty is specified in the Motor Vehicle Code, every person convicted of a misdemeanor for violation of any provision of the Motor Vehicle Code shall be punished by a fine of not more than three hundred dollars ($300) or by imprisonment for not more than ninety days or both" (66-8-7(B)).

Accepting a penalty assessment is not a neutral fee. "The violator's signature on the penalty assessment notice constitutes an acknowledgment of guilt of the offense stated in the notice" (66-8-117(A)), and the Motor Vehicle Code defines "conviction" to include "the promise to mail a payment on a penalty assessment" (66-1-4.3(N)(1)(d)). Except under a municipal program, payment goes by mail to the Motor Vehicle Division within thirty days from the date of arrest (66-8-117(B)).

The Motor Vehicle Division assesses license points following conviction for violations listed in its point schedule (18.19.5.51 and 18.19.5.52 NMAC), and that schedule lists none of the pedestrian sections 66-7-333 through 66-7-340 or the signal sections 66-7-105 and 66-7-106.

The separate fees once added to state penalty assessments (66-8-116.3) were repealed effective July 1, 2024. A city that runs its own penalty assessment program for municipal traffic ordinances must add a $10 penalty assessment fee (66-8-130(A)).

Local rules in New Mexico cities and counties

State law gives local governments two specific powers over pedestrians. NMSA 66-7-333(B) provides:

"B. Local authorities are hereby empowered by ordinance to require that pedestrians shall srictly [strictly] comply with the directions of any official traffic-control signal and may by ordinance prohibit pedestrians from crossing any roadway in a business district or any designated highways except in a crosswalk."

So in a business district or on a highway a local ordinance designates, crossing outside a crosswalk may be barred even where state law would allow it with a duty to yield. This page does not describe any particular city's ordinance. To check yours, look up the city or county code of ordinances and its traffic or pedestrian provisions, or ask the court named on a citation. Posted signs at a crossing also matter.

Recent change: vulnerable road users

Laws 2026, ch. 57, effective January 1, 2027, amends the Motor Vehicle Code definitions in 66-1-4.19 to define "vulnerable road user." Under the new 66-1-4.19(F), the term includes "a pedestrian, including a person engaged in work or in the provision of emergency services upon or along a roadway." The crossing rules, signal rules and penalty schedule described above carry no 2025 or 2026 amendment in their history lines.

If a pedestrian is hit by a car

Whether a pedestrian was crossing lawfully can matter after a collision, alongside the driver's duty of due care in 66-7-337. "No record of any penalty assessment payment is admissible as evidence in any court in any civil action" (66-8-117(C)). A violation that caused or contributed to a crash resulting in injury or death is not a penalty assessment misdemeanor (66-8-116(B)), so the general misdemeanor penalty in 66-8-7 applies instead. For how fault and insurance work after a crash, see New Mexico car accident laws. Electric scooter riders follow separate rules, covered in New Mexico e-scooter laws.

Related pages

• Jaywalking laws by state
• New Mexico car accident laws
• New Mexico e-scooter laws
• Arizona jaywalking laws
• Colorado jaywalking laws

This article provides general legal information about New Mexico law, not legal advice. For advice about a specific situation, contact a lawyer licensed in New Mexico or the court named on your citation.

Last updated: 2026-10-10.

Frequently Asked Questions

Is jaywalking illegal in New Mexico?

Crossing outside a crosswalk is allowed under state law if you yield the right of way to all vehicles (NMSA 1978, 66-7-335(A)). It is barred between adjacent intersections with working traffic signals unless you use a marked crosswalk (66-7-335(C)), and a city or county may by ordinance bar it in a business district or on designated highways (66-7-333(B)).

What is the fine for jaywalking in New Mexico?

A violation is a penalty assessment misdemeanor, and the schedule in NMSA 66-8-116(A) lists $25 for pedestrian violations under 66-7-333 through 66-7-340 and $25 for the pedestrian signal sections 66-7-106 through 66-7-108. A violation that caused or contributed to an accident resulting in injury or death is not a penalty assessment misdemeanor (66-8-116(B)).

Can I cross in the middle of the block in New Mexico?

Under state law, yes, if you yield the right of way to all vehicles on the roadway (66-7-335(A)), unless the block lies between adjacent intersections with traffic signals in operation, where only a marked crosswalk may be used (66-7-335(C)). Check local ordinances, because cities and counties may bar crossing outside a crosswalk in a business district or on designated highways (66-7-333(B)).

Can I start crossing on a DON'T WALK signal in New Mexico?

No. Under NMSA 66-7-106, no pedestrian shall start to cross on DON'T WALK, but a pedestrian who has partly crossed on WALK shall proceed to a sidewalk or safety island. A violation is a penalty assessment misdemeanor with a $25 scheduled assessment (66-8-116(A)).

Do drivers have to stop for pedestrians in New Mexico?

When traffic signals are not in place or not in operation, a driver must yield to a pedestrian in a crosswalk, slowing down or stopping if need be (66-7-334(A)). Drivers must also give pedestrians the right of way on a WALK signal (66-7-106) and exercise due care to avoid colliding with any pedestrian (66-7-337).

Is a jaywalking ticket a conviction in New Mexico?

Signing a penalty assessment notice constitutes an acknowledgment of guilt of the offense stated in the notice (66-8-117(A)), and the Motor Vehicle Code defines conviction to include the promise to mail a payment on a penalty assessment (66-1-4.3(N)). The Motor Vehicle Division point schedule lists none of the pedestrian sections 66-7-333 through 66-7-340 (18.19.5.52 NMAC).

Which side of the road should I walk on in New Mexico?

Where sidewalks are provided, it is unlawful to walk along and upon an adjacent roadway. Where they are not, walk when practicable only on the left side of the roadway or its shoulder, facing oncoming traffic (66-7-339).