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The law defines child abandonment as : "a parent, guardian or custodian of the child , intentionally leaving or abandoning the child , under circumstances whereby the child may or does suffer neglect". "If child abandonment results in death or great bodily harm to the child, the crime is a second degree felony, punishable by nine years imprisonment If it does not result in death or great bodily harm, the crime is a misdemeanor. New Mexico is a state where if you abandon a child less than three months old at a hospital the parent may not be persecuted for abandonment. This is due to the "Safe Haven For Infants".

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