reglab/housing_qa huggingface dataset:
NM Stat § 30-8-9 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 8 - Nuisances|Section 30-8-9 - Abandonment of dangerous containers.

Abandonment of dangerous containers consists of any person: A. abandoning, discarding or keeping in any place accessible to children, any refrigerator, icebox, freezer, airtight container, cabinet or similar container, of a capacity of one and one-half cubic feet or more, which is no longer in use, without having the attached doors, hinges, lids or latches removed or without sealing the doors or other entrances so as to make it impossible for anyone to be imprisoned therein; or B. who, being the owner, lessee or manager of any premises, knowingly permits any abandoned or discarded refrigerator, icebox, freezer, airtight container, cabinet or similar container of a capacity of one and one-half cubic feet or more, and which remains upon such premises in a condition whereby a child may be imprisoned therein. Whoever commits abandonment of dangerous containers is guilty of a petty misdemeanor. History: 1953 Comp., § 40A-8-6, enacted by Laws 1963, ch. 303, § 8-6.
NM Stat § 30-8-10 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 8 - Nuisances|Section 30-8-10 - Repealed.

ANNOTATIONSRepeals. — Laws 2000, ch. 22, § 3 repealed 30-8-10 NMSA 1978, as enacted by Laws 1963, ch. 303, § 8-7, relating to placing injurious substances on highways, effective July 1, 2000. For provisions of the former section, see the 1999 NMSA 1978 on NMOneSource.com. For present comparable provisions, see 66-7-364 NMSA 1978.
NM Stat § 30-8-11 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 8 - Nuisances|Section 30-8-11 - Illegal prescribing of medicine.

Illegal prescribing of medicine consists of any physician or other person, while under the influence of any alcoholic beverage or narcotic, prescribing or compounding for any other person, any poison, drug or medicine. Whoever commits illegal prescribing of medicine while under the influence of any alcoholic beverage or narcotic is guilty of a misdemeanor. History: 1953 Comp., § 40A-8-8, enacted by Laws 1963, ch. 303, § 8-8.
NM Stat § 30-8-12 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 8 - Nuisances|Section 30-8-12 - Repealed.

History: 1953 Comp., § 40A-8-9, enacted by Laws 1963, ch. 303, § 8-9; repealed by Laws 2018, ch. 74, § 56.ANNOTATIONSRepeals. — Laws 2018, ch. 74, § 56 repealed 30-8-12 NMSA 1978, as enacted by Laws 1963, ch. 303, § 8-9, relating to conduct offensive to public well-being, effective July 1, 2018. For provisions of former section, see the 2017 NMSA 1978 on NMOnesource.com.
NM Stat § 30-8-13 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 8 - Nuisances|Section 30-8-13 - Repealed.

History: 1953 Comp., § 40A-8-10, enacted by Laws 1963, ch. 303, § 8-10; 1966, ch. 44, § 1; 1967, ch. 180, § 1; repealed by Laws 2018, ch. 74, § 56.ANNOTATIONSRepeals. — Laws 2018, ch. 74, § 56 repealed 30-8-13 NMSA 1978, as enacted by Laws 1963, ch. 303, § 8-10, relating to unlawfully permitting livestock upon public highways, effective July 1, 2018. For provisions of former section, see the 2017 NMSA 1978 on NMOnesource.com.
NM Stat § 30-8-14 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 8 - Nuisances|Section 30-8-14 - Recompiled.

History: 1953 Comp., § 40A-8-10.1, enacted by Laws 1975, ch. 283, § 1; 1978 Comp., § 30-8-14, recompiled and amended as § 66-7-363.1 by Laws 2019, ch. 155, § 2. ANNOTATIONSRecompilations. — Laws 2019, ch. 155, § 2 recompiled and amended former 30-8-14 NMSA 1978 as 66-7-363.1 NMSA 1978, effective June 14, 2019.
NM Stat § 30-9-2 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 9 - Sexual Offenses|Section 30-9-2 - Prostitution.

Prostitution consists of knowingly engaging in or offering to engage in a sexual act for hire. As used in this section "sexual act" means sexual intercourse, cunnilingus, fellatio, masturbation of another, anal intercourse or the causing of penetration to any extent and with any object of the genital or anal opening of another, whether or not there is any emission. Whoever commits prostitution is guilty of a petty misdemeanor, unless such crime is a second or subsequent conviction, in which case such person is guilty of a misdemeanor. History: 1953 Comp., § 40A-9-11, enacted by Laws 1963, ch. 303, § 9-11; 1981, ch. 233, § 1; 1989, ch. 132, § 1. ANNOTATIONSThe 1989 amendment, effective June 16, 1989, substituted "a sexual act" for "sexual penetration" in the first and second paragraphs, and inserted "masturbation of another" in the second paragraph. Constitutionality. — This section does not violate the equal protection clause of the fourteenth amendment of the United States constitution or the equal rights amendment of the New Mexico constitution. State v. Sandoval, 1982-NMCA-091, 98 N.M. 417, 649 P.2d 485. "Masturbation" construed. — A jury instruction defining masturbation to include erotic stimulation of the genital organs by the alternative means of "sexual fantasies" extended the scope of criminal conduct prohibited by this section and constituted reversible error. State v. Mayfield, 1995-NMCA-077, 120 N.M. 198, 900 P.2d 358. Possession of woman for unlawful purposes. — The having in possession of a woman for purposes of unlawful sexual intercourse was criminal. State v. Chenault, 1915-NMSC-024, 20 N.M. 181, 147 P. 283 (decided under prior law). Law reviews. — For symposium, "The Impact of the Equal Rights Amendment on the New Mexico Criminal Code," see 3 N.M.L. Rev. 106 (1973). Am. Jur. 2d, A.L.R. and C.J.S. references. — 63A Am. Jur. 2d Prostitution §§ 1 to 30. Entrapment defense in sex offense prosecutions, 12 A.L.R.4th 413. Laws prohibiting or regulating "escort services," "outcall entertainment" or similar services used to carry on prostitution, 15 A.L.R.5th 900. 73 C.J.S. Prostitution and Related Offenses §§ 2 to 20.
NM Stat § 30-9-3 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 9 - Sexual Offenses|Section 30-9-3 - Patronizing prostitutes.

Patronizing prostitutes consists of: A. entering or remaining in a house of prostitution or any other place where prostitution is practiced, encouraged or allowed with intent to engage in a sexual act with a prostitute; or B. knowingly hiring or offering to hire a prostitute, or one believed by the offeror to be a prostitute, to engage in a sexual act with the actor or another. As used in this section, "a sexual act" means sexual intercourse, cunnilingus, fellatio, masturbation of another, anal intercourse or the causing of penetration to any extent and with any object of the genital or an anal opening of another whether or not there is any emission. Whoever commits patronizing prostitutes is guilty of a petty misdemeanor, unless such crime is a second or subsequent conviction, in which case such person is guilty of a misdemeanor. History: 1953 Comp., § 40A-9-12, enacted by Laws 1963, ch. 303, § 9-12; 1981, ch. 233, § 2; 1989, ch. 132, § 2. ANNOTATIONSThe 1989 amendment, effective June 16, 1989, substituted "a sexual act" for "sexual penetration" throughout the section, in Subsection B inserted "or one believed by the offeror to be a prostitute", inserted "masturbation of another" in the next-to-last undesignated paragraph, and substituted "an anal" for "oral" in the next-to-last undesignated paragraph. Law reviews. — For symposium, "The Impact of the Equal Rights Amendment on the New Mexico Criminal Code," see 3 N.M.L. Rev. 106 (1973).
NM Stat § 30-9-4.1 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 9 - Sexual Offenses|Section 30-9-4.1 - Accepting earnings of a prostitute.

Accepting the earnings of a prostitute consists of accepting, receiving, levying or appropriating money or anything of value, without consideration, from the proceeds of the earnings of a person engaged in prostitution with the knowledge that the person is engaged in prostitution and that the earnings are derived from engaging in prostitution, or knowingly owning or knowingly managing a house or other place where prostitution is practiced or allowed and living or deriving support or maintenance, in whole or in part, from the earnings or proceeds of a person engaged in prostitution at that house or place. Whoever commits accepting the earnings of a prostitute is guilty of a fourth degree felony. History: Laws 1981, ch. 233, § 4. ANNOTATIONSSufficient evidence to support conviction. — Where defendant was convicted of human trafficking, promoting prostitution, accepting earnings from a prostitute, contributing to the delinquency of a minor, and conspiracy, defendant's conviction for accepting earnings of a prostitute was supported by substantial evidence where trial testimony from the victim established that defendant knew that the victim was engaged in prostitution and that the victim gave defendant money she received as a result of various sexual transactions. State v. Jackson, 2018-NMCA-066, cert. denied. Am. Jur. 2d, A.L.R. and C.J.S. references. — 63A Am. Jur. 2d Prostitution §§ 24 to 26. 73 C.J.S. Prostitution §§ 17, 18.
NM Stat § 30-9-5 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 9 - Sexual Offenses|Section 30-9-5 - Order for medical examination and treatment.

In addition to its general sentencing authority, the court may order any defendant convicted of prostitution or patronizing prostitutes to be examined for venereal disease and shall sentence any diseased defendant to submit to medical treatment until he is discharged from treatment as noninfectuous [noninfectious]. If the defendant is without funds to pay for medical treatment, it shall be provided by the state department of public health [department of health]. History: 1953 Comp., § 40A-9-14, enacted by Laws 1963, ch. 303, § 9-14. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Section 12-1-2, 1953 Comp. (Laws 1937, ch. 39, § 2), creating the state department of health, was repealed by Laws 1968, ch. 37, § 7. Laws 1968, ch. 37, § 3, (former 12-1-28, 1953 Comp.), transferred all powers, duties, etc. of the department of public health to the health and social services department, which department was abolished by Laws 1977, ch. 253, § 5. Section 4 of the 1977 act established the health and environment department, consisting of several divisions. Laws 1991, ch. 25, § 16 repealed former 9-7-4 NMSA 1978, relating to the health and environment department, and enacted a new 9-7-4 NMSA 1978, creating the department of health.
NM Stat § 30-9-6 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 9 - Sexual Offenses|Section 30-9-6 - Testimony of witnesses to prostitution and lewdness.

In any investigation, proceeding, preliminary hearing or trial before any court, magistrate or grand jury concerning a violation of or an attempt to commit any crime in violation of Sections 9-11, 9-12 and 9-13 [30-9-2, 30-9-3 and 30-9-4 NMSA 1978] of this article, no person shall be excused from giving testimony or producing documentary or other evidence material to such investigation, proceeding, preliminary hearing or trial on the ground that the testimony or evidence required of him is incriminating evidence; provided that, any person who is so subpoenaed and ordered to testify or produce evidence concerning such crimes shall be immune to prosecution or conviction for any violation of such crimes about which he may testify. History: 1953 Comp., § 40A-9-15, enacted by Laws 1963, ch. 303, § 9-15. ANNOTATIONSCross references. — For protection against self-incrimination, see N.M. Const., art. II, § 15.
NM Stat § 30-9-7 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 9 - Sexual Offenses|Section 30-9-7 - Evidence.

In any proceeding under Article 9 [30-9-1 to 30-9-9 NMSA 1978] or action to abate a public nuisance under Article 8 [30-8-1 to 30-8-4, 30-8-8 to 30-8-13 NMSA 1978], testimony about the following circumstances is admissible in evidence: A. the general reputation of the place; B. the reputation of the persons who reside in or frequent the place; C. the frequency, timing and length of visits by nonresidents; and D. prior convictions of the defendant or persons who reside in or frequent the place under Sections 9-11, 9-12 and 9-13 [30-9-2, 30-9-3 and 30-9-4 NMSA 1978] of this article or Sections 40-34-1 through 40-34-5 New Mexico Statutes Annotated, 1953 Compilation, or of any other offense of like nature wherever committed. History: 1953 Comp., § 40A-9-16, enacted by Laws 1963, ch. 303, § 9-16. ANNOTATIONSCross references. — For general rule on admissibility of evidence of other crimes, see Paragraph B of Rule 11-404 NMRA. Compiler's notes. — Sections 40-34-1 through 40-34-5, 1953 Comp., relating to prostitution, which are referred to in Subsection D, were repealed by Laws 1963, ch. 303, § 30-1. Proof not restricted. — Evidence by which an establishment might be proved a house of prostitution was not limited to a proof of facts mentioned in statute. Territory v. McGrath, 1911-NMSC-026, 16 N.M. 202, 114 P. 364. Admissibility of prior conviction. — Proof of a prior conviction for keeping a house of prostitution should have been restricted to a conviction previously had under the provisions of current act (Laws 1921, ch. 69) and not of a prior act. State v. Snyder, 1923-NMSC-022, 28 N.M. 388, 212 P. 736 (decided under prior law). Am. Jur. 2d, A.L.R. and C.J.S. references. — 24 Am. Jur. 2d Disorderly Houses §§ 29 to 32; 63A Am. Jur. 2d Prostitution § 28. Admissibility, in prosecution for sexual offense, of evidence of other similar offense, 77 A.L.R.2d 841, 2 A.L.R.4th 330. Admissibility, at criminal prosecution, of expert testimony on rape trauma syndrome, 42 A.L.R.4th 879. Admissibility of expert testimony as to criminal defendant's propensity toward sexual deviation, 42 A.L.R.4th 937. Admissibility, in rape case, of evidence that accused raped, or attempted to rape person other than prosecutrix - prior offenses, 86 A.L.R.5th 59. Admissibility, in rape case, of evidence that accused raped or attempted to rape person other then prosecutrix - subsequent acts, 87 A.L.R.5th 181. Admissibility, in rape case, of evidence that accused raped, or attempted to rape, person other than prosecutrix - offenses unspecified as to time, 88 A.L.R.5th 429. 27 C.J.S. Disorderly Houses § 14 (1-5); 73 C.J.S. Prostitution and Related Offenses § 6.
NM Stat § 30-9-8 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 9 - Sexual Offenses|Section 30-9-8 - House of prostitution; public nuisance.

As used in this section "house of prostitution" means a building, enclosure or place that is used for the purpose of prostitution as that crime is defined in Section 30-9-2 NMSA 1978. A house of prostitution is a public nuisance per se. History: 1953 Comp., § 40A-9-17, enacted by Laws 1963, ch. 303, § 9-17; 1989, ch. 114, § 2. ANNOTATIONSCross references. — For abatement of public nuisance, see 30-8-8 NMSA 1978. The 1989 amendment, effective March 28, 1989, added the first sentence. Criminal proceeding. — Former statute providing for injunction and abatement of nuisance and forfeiture of premises on proof that lewdness, assignation or prostitution existed was criminal in nature and the complaint was an action in the nature of a criminal proceeding. State ex rel. Murphy v. Morley, 1957-NMSC-087, 63 N.M. 267, 317 P.2d 317. Crime not enjoinable as such. — Where a ground of equitable jurisdiction to enjoin otherwise exists, the claim to such relief is not to be denied merely because the act complained of constitutes a crime, but a crime may not in and of itself be made an independent ground for injunction; hence, trial court could not extend authority of its restraint against defendant from maintaining a certain premises for purposes of lewdness, assignation or prostitution throughout entire county, and its attempt to do so fell squarely within the interdiction that equity may not be employed to forestall the commission of a crime. State v. Robertson, 1957-NMSC-060, 63 N.M. 74, 313 P.2d 342. Sufficiency of complaint. — Where the nuisance complained of is a nuisance per se, and denounced as such in the statute, it is sufficient for the complaint to allege its existence in the language of the statute. State v. Robertson, 1957-NMSC-060, 63 N.M. 74, 313 P.2d 342. Bond as enforcement device. — A trial judge has both the statute and the discretion inherent in his broad equitable powers to draw upon in providing means for the enforcement of order restraining defendant, from using, occupying or maintaining a certain premises for purposes of lewdness, assignation or prostitution, by requiring a bond of defendant, so long as its effect is confined to the premises in question. State v. Robertson, 1957-NMSC-060, 63 N.M. 74, 313 P.2d 342. Am. Jur. 2d, A.L.R. and C.J.S. references. — Validity of statutes or ordinances requiring sex-oriented businesses to obtain operating licenses, 8 A.L.R.4th 130.
NM Stat § 30-9-9 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 9 - Sexual Offenses|Section 30-9-9 - Remedy of lessor.

If the lessee of property has been convicted of using it as a house of prostitution, or if the property has been adjudged to constitute a public nuisance for that reason, the lease by which the property is held is voidable by the lessor. The lessor shall have the same remedies for regaining possession as in the case of a tenant holding over his term. History: 1953 Comp., § 40A-9-18, enacted by Laws 1963, ch. 303, § 9-18. ANNOTATIONSCross references. — For provisions on forcible entry and unlawful detainer, see 35-10-1 NMSA 1978 et seq. For Uniform Owner-Resident Relations Act, see 47-8-1 NMSA 1978. Recovery of rent barred. — Where building was leased with intent that it be used as a house of prostitution, and the house was so used, the lessor could not recover rent. McRae v. Cassan, 1910-NMSC-038, 15 N.M. 496, 110 P. 574.
NM Stat § 30-9-14.1 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 9 - Sexual Offenses|Section 30-9-14.1 - Indecent dancing.

Indecent dancing consists of a person knowingly and intentionally exposing his intimate parts to public view while dancing or performing in a licensed liquor establishment. "Intimate parts" means the mons pubis, penis, testicles, mons veneris, vulva, female breast or vagina. As used in this section, "female breast" means the areola, and "exposing" does not include any act in which the intimate part is covered by any nontransparent material. Whoever commits indecent dancing is guilty of a petty misdemeanor. A liquor licensee, his transferee or their lessee or agent who allows indecent dancing on the licensed premises is guilty of a petty misdemeanor and his license may be suspended or revoked pursuant to the provisions of the Liquor Control Act [60-3A-1 NMSA 1978]. History: Laws 1979, ch. 403, § 1; 1981, ch. 41, § 1. ANNOTATIONSConstitutionality. — The state's regulatory power under the twenty-first amendment outweighs any first amendment interest in nude dancing and therefore this section is constitutional insofar as it applies to the prohibition of indecent dancing in licensed liquor establishments. Nall v. Baca, 1980-NMSC-138, 95 N.M. 783, 626 P.2d 1280. Law reviews. — For note, "Constitutional Law - Regulating Nude Dancing in Liquor Establishments - The Preferred Position of the Twenty-First Amendment - Nall v. Baca," see 12 N.M.L. Rev. 611 (1982). Am. Jur. 2d, A.L.R. and C.J.S. references. — Topless or bottomless dancing or similar conduct as offense, 49 A.L.R.3d 1084. What constitutes "public place" within meaning of statutes prohibiting commission of sexual act in public place, 96 A.L.R.3d 692.
NM Stat § 30-9-14.2 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 9 - Sexual Offenses|Section 30-9-14.2 - Indecent waitering.

Indecent waitering consists of a person knowingly and intentionally exposing his intimate parts to public view while serving beverage or food in a licensed liquor establishment. "Intimate parts" means the mons pubis, penis, testicles, mons veneris, vulva, female breast or vagina. As used in this section, "female breast" means the areola and "exposing" does not include any act in which the intimate part is covered by any nontransparent material. Whoever commits indecent waitering is guilty of a petty misdemeanor. A liquor licensee or his lessee or agent who allows indecent waitering on the licensed premises is guilty of a petty misdemeanor and his license may be suspended or revoked pursuant to the provisions of the Liquor Control Act [60-3A-1 NMSA 1978]. History: Laws 1979, ch. 403, § 2; 1981, ch. 41, § 2. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — What constitutes "public place" within meaning of statutes prohibiting commission of sexual act in public place, 96 A.L.R.3d 692. 67 C.J.S. Obscenity § 5.
NM Stat § 30-9-14.3 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 9 - Sexual Offenses|Section 30-9-14.3 - Aggravated indecent exposure.

A. Aggravated indecent exposure consists of a person knowingly and intentionally exposing his primary genital area to public view in a lewd and lascivious manner, with the intent to threaten or intimidate another person, while committing one or more of the following acts or criminal offenses: (1) exposure to a child less than eighteen years of age; (2) assault, as provided in Section 30-3-1 NMSA 1978; (3) aggravated assault, as provided in Section 30-3-2 NMSA 1978; (4) assault with intent to commit a violent felony, as provided in Section 30-3-3 NMSA 1978; (5) battery, as provided in Section 30-3-4 NMSA 1978; (6) aggravated battery, as provided in Section 30-3-5 NMSA 1978; (7) criminal sexual penetration, as provided in Section 30-9-11 NMSA 1978; or (8) abuse of a child, as provided in Section 30-6-1 NMSA 1978. B. As used in this section, "primary genital area" means the mons pubis, penis, testicles, mons veneris, vulva or vagina. C. Whoever commits aggravated indecent exposure is guilty of a fourth degree felony. D. In addition to any punishment provided pursuant to the provisions of this section, the court shall order a person convicted for committing aggravated indecent exposure to participate in and complete a program of professional counseling at his own expense. History: Laws 1996, ch. 84, § 2. ANNOTATIONSEffective dates. — Laws 1996, ch. 84, § 3 makes the act effective on July 1, 1996. Am. Jur. 2d, A.L.R. and C.J.S. references.— Constitutionality of state statutes banning distribution of sexual devices, 94 A.L.R.5th 497. What constitutes "public place" within meaning of state statute or local ordinance prohibiting indecency or commission of sexual act in public place, 95 A.L.R.5th 229.
NM Stat § 30-9-15 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 9 - Sexual Offenses|Section 30-9-15 - Corroboration.

The testimony of a victim need not be corroborated in prosecutions under Sections 2 through 5 [30-9-11 to 30-9-14 NMSA 1978] of this act and such testimony shall be entitled to the same weight as the testimony of victims of other crimes under the Criminal Code. History: 1953 Comp., § 40A-9-25, enacted by Laws 1975, ch. 109, § 6. ANNOTATIONSCompiler's notes. — For case law requiring corroboration prior to enactment of this section, see notes under 30-9-11 NMSA 1978. Weight of evidence. — In prosecutions for criminal sexual penetration, the testimony of the victim need not be corroborated and lack of corroboration has no bearing on weight to be given to the testimony. State v. Nichols, 2006-NMCA-017, 139 N.M. 72, 128 P.3d 500; State v. Hunter, 1984-NMSC-017, 101 N.M. 5, 677 P.2d 618, cert. denied, 469 U.S. 838, 105 S. Ct. 137, 83 L. Ed. 2d 77 (1984). Am. Jur. 2d, A.L.R. and C.J.S. references. — 65 Am. Jur. 2d Rape §§ 94 to 99; 70A Am. Jur. 2d Sodomy §§ 70 to 76. Modern status of admissibility, in forcible rape prosecution, of complainant's general reputation for unchastity, 95 A.L.R.3d 1181. Modern status of rule regarding necessity for corroboration of victim's testimony in prosecution for sexual offense, 31 A.L.R.4th 120. 75 C.J.S. Rape § 78.