reglab/housing_qa huggingface dataset:
NM Stat § 30-43-5 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 43 - Loan Sharking|Section 30-43-5 - Collection of extensions of credit by extortionate means.

A. A person who knowingly participates or conspires or attempts to participate in the use of any extortionate means to collect any extensions of credit or to cause harm to the person, reputation or property of any person for the nonpayment thereof is guilty of a third degree felony. B. In any prosecution pursuant to this section, for the purpose of showing an implicit threat as a means of collection, evidence may be introduced tending to show that one or more extensions of credit by the creditor were, to the knowledge of the person against whom the implicit threat was alleged to have been made, collected or attempted to be collected by extortionate means or that the nonpayment resulted in the use of extortionate means. C. In any prosecution pursuant to this section, if evidence has been introduced tending to show the existence at the time the extension of credit in question was made of the circumstances described in Paragraph (1) of Subsection B of Section 30-43-3 NMSA 1978 and direct evidence of the actual belief of the debtor as to the creditor's collection practices is not available, then for the purpose of showing that words or other means of communication shown to have been employed as a means of collection in fact carried an express or implicit threat, the court may, pursuant to the New Mexico rules of evidence, in its discretion, allow evidence to be introduced tending to show the reputation of the defendant in any community of which the person against whom the alleged threat was made was a member at the time of the collection or attempt at collection. History: Laws 1980, ch. 39, § 5.
NM Stat § 30-44-1 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 44 - Medicaid Fraud|Section 30-44-1 - Short title.

Chapter 30, Article 44 NMSA 1978 may be cited as the "Medicaid Fraud Act". History: Laws 1989, ch. 286, § 1; 1997, ch. 98, § 1. ANNOTATIONSCross references. — For provisions relating to medicaid, see 27-2-12 NMSA 1978 et seq. The 1997 amendment, effective June 20, 1997, substituted "Chapter 30, Article 44 NMSA 1978" for "This act".
NM Stat § 30-44-3 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 44 - Medicaid Fraud|Section 30-44-3 - Power to investigate and enforce civil remedies and prosecute criminal actions.

A. The attorney general, the district attorneys, the unit and the department have the power and authority to investigate violations of the Medicaid Fraud Act and bring actions to enforce the civil remedies established in the Medicaid Fraud Act. B. The attorney general, the district attorneys and those attorneys who are employees of the unit to whom the attorney general or a district attorney has, by appointment made through a joint powers agreement or other agreement for that purpose, delegated criminal prosecutorial responsibility, shall have the power and authority to prosecute persons for the violation of criminal provisions of the Medicaid Fraud Act and for criminal offenses that are not defined in the Medicaid Fraud Act, but that involve or are directly related to the use of medicaid program funds or services provided through medicaid programs. History: Laws 1989, ch. 286, § 3; 1991, ch. 79, § 1. ANNOTATIONSThe 1991 amendment, effective June 14, 1991, rewrote Subsection B which read "The attorney general, the district attorneys and those persons in the unit who have criminal prosecutorial authority under general law have the power and authority to prosecute persons for the violation of criminal provisions of the Medicaid Fraud Act."
NM Stat § 30-44-4 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 44 - Medicaid Fraud|Section 30-44-4 - Falsification of documents; defined; penalties.

A. Falsification of documents consists of: (1) knowingly making or causing to be made a misrepresentation of a material fact required to be furnished under the program or knowingly failing or causing the failure to include a material fact required to be furnished under the program in any record required to be retained in connection with the program pursuant to the Medicaid Fraud Act or regulations issued by the department for the administration of the program, or both; or (2) knowingly submitting or causing to be submitted false or incomplete information for the purpose of receiving benefits or qualifying as a provider. B. Whoever commits the crime of falsification of documents is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. History: Laws 1989, ch. 286, § 4.
NM Stat § 30-44-5 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 44 - Medicaid Fraud|Section 30-44-5 - Failure to retain records; defined; penalties.

A. Whoever receives payment for treatment, services or goods under the program shall retain all medical and business records relating to: (1) the treatment or care of any recipient; (2) services or goods provided to any recipient; (3) rates paid by the department under the program on behalf of any recipient; and (4) any records required to be maintained by regulation of the department for administration of the program. B. Failure to retain records consists of intentionally failing to retain the records specified in Subsection A of this section for a period of at least five years from the date payment was received or knowingly destroying or causing those records to be destroyed within five years from the date payment was received. C. Whoever commits the crime of failure to retain records: (1) is guilty of a misdemeanor if the treatment, services or goods for which records were not retained amounts to not more than one thousand dollars ($1,000) and shall be sentenced pursuant to Section 31-19-1 NMSA 1978; (2) is guilty of a fourth degree felony if the value of the treatment, services or goods for which records were not retained is more than one thousand dollars ($1,000) and shall be sentenced pursuant to the provisions of Section 13-18-15 [31-18-15] NMSA 1978; and (3) is guilty of a misdemeanor if the records not retained were used in whole or in part to determine a rate of payment under the program and shall be sentenced pursuant to Section 31-19-1 NMSA 1978. History: Laws 1989, ch. 286, § 5. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler to correct a typographical error, and is not part of the law.
NM Stat § 30-44-6 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 44 - Medicaid Fraud|Section 30-44-6 - Obstruction of investigation; defined; penalty.

A. Obstruction of investigation consists of: (1) knowingly providing false information to, or knowingly withholding information from, any person authorized under the Medicaid Fraud Act to investigate violations of that act or to enforce the criminal or civil remedies of that act where that information is material to the investigation or enforcement; or (2) knowingly altering any document or record required to be retained pursuant to the Medicaid Fraud Act or any regulation issued by the department, or both, when the alteration is intended to mislead an investigation and concerns information material to that investigation. B. Whoever commits obstruction of investigation is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. History: Laws 1989, ch. 286, § 6.
NM Stat § 30-45-1 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 45 - Computer Crimes|Section 30-45-1 - Short title.

This act [30-45-1 to 30-45-7 NMSA 1978] may be cited as the "Computer Crimes Act". History: Laws 1989, ch. 215, § 1. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Computer fraud, 70 A.L.R.5th 647.
NM Stat § 30-45-4 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 45 - Computer Crimes|Section 30-45-4 - Computer abuse.

A person who knowingly, willfully and without authorization, or having obtained authorization, uses the opportunity the authorization provides for purposes to which the authorization does not extend: A. directly or indirectly alters, changes, damages, disrupts or destroys any computer, computer network, computer property, computer service or computer system, when the: (1) damage to the computer property or computer service has a value of two hundred fifty dollars ($250) or less, is guilty of a petty misdemeanor; (2) damage to the computer property or computer service has a value of more than two hundred fifty dollars ($250) but not more than five hundred dollars ($500), is guilty of a misdemeanor; (3) damage to the computer property or computer service has a value of more than five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500), is guilty of a fourth degree felony; (4) damage to the computer property or computer service has a value of more than two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000), is guilty of a third degree felony; or (5) damage to the computer property or computer service has a value of more than twenty thousand dollars ($20,000), is guilty of a second degree felony; or B. directly or indirectly introduces or causes to be introduced data that the person knows to be false into a computer, computer system, computer network, computer software, computer program, database or any part thereof with the intent of harming the property or financial interests or rights of another person is guilty of a fourth degree felony. History: Laws 1989, ch. 215, § 4; 2006, ch. 29, § 23. ANNOTATIONSThe 2006 amendment, effective July 1, 2006, provided that a person who uses the opportunity the authorization provides for purposes to which the authorization does not extend is guilty of computer abuse; increased the damage in Paragraph (1) of Subsection A from $100 to $250; increased the damage in Paragraph (2) of Subsection A from more than $100, but not more than $250, and to more than $250, but not more than $500; increased the damage in Paragraph (3) of Subsection A from more than $250 to more than $500; deleted the reference to sentencing pursuant to Section 31-19-1 NMSA 1978 in Paragraph (2) of Subsection A; and deleted the reference to sentencing pursuant to Section 31-18-15 NMSA 1978 in Paragraphs (3) through (5) of Subsection A and in Subsection B.
NM Stat § 30-45-5 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 45 - Computer Crimes|Section 30-45-5 - Unauthorized computer use.

A person who knowingly, willfully and without authorization, or having obtained authorization, uses the opportunity the authorization provides for purposes to which the authorization does not extend, directly or indirectly accesses, uses, takes, transfers, conceals, obtains, copies or retains possession of any computer, computer network, computer property, computer service, computer system or any part thereof, when the: A. damage to the computer property or computer service has a value of two hundred fifty dollars ($250) or less, is guilty of a petty misdemeanor; B. damage to the computer property or computer service has a value of more than two hundred fifty dollars ($250) but not more than five hundred dollars ($500), is guilty of a misdemeanor; C. damage to the computer property or computer service has a value of more than five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500), is guilty of a fourth degree felony; D. damage to the computer property or computer service has a value of more than two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000), is guilty of a third degree felony; or E. damage to the computer property or computer service has a value of more than twenty thousand dollars ($20,000), is guilty of a second degree felony. History: Laws 1989, ch. 215, § 5; 2006, ch. 29, § 24. ANNOTATIONSThe 2006 amendment, effective July 1, 2006, increased the value in Subsection A from $100 to $250; increased the value in Subsection B from more than $100 but not more than $250 to more than $250 but not more than $500; increased the value in Subsection C from more than $250 to more than $500; deleted the reference to sentencing pursuant to Section 31-19-1 NMSA 1978 in Subsection B; and deleted the reference to sentencing pursuant Section 31-18-15 NMSA 1978 in Subsections C through E.
NM Stat § 30-45-6 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 45 - Computer Crimes|Section 30-45-6 - Prosecution.

A. Prosecution pursuant to the Computer Crimes Act shall not prevent any prosecutions pursuant to any other provisions of the law where such conduct also constitutes a violation of that other provision. B. A person found guilty of violating any provision of the Computer Crimes Act shall, in addition to any other punishment, be ordered to make restitution for any financial loss sustained by anyone injured as the direct result of the commission of the crime. Restitution shall be imposed in addition to incarceration, forfeiture or fine, and not in lieu thereof, and may be made a condition of probation. The defendant's present and future ability to make such restitution shall be considered. In an extraordinary case, the court may determine that the interests of those injured and justice would not be served by ordering restitution. In such a case, the court shall make and enter specific written findings on the record substantiating the extraordinary circumstance presented upon which the court determined not to order restitution. In all other cases, the court shall determine the amount and method of restitution. History: Laws 1989, ch. 215, § 6.
NM Stat § 30-45-7 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 45 - Computer Crimes|Section 30-45-7 - Forfeiture of property.

A. The following are subject to forfeiture: (1) all computer property, equipment or products of any kind that have been used, manufactured, acquired or distributed in violation of the Computer Crimes Act; (2) all materials, products and equipment of any kind that are used or intended for use in manufacturing, using, accessing, altering, disrupting, copying, concealing, destroying, transferring, delivering, importing or exporting any computer property or computer service in violation of the Computer Crimes Act; (3) all books, records and research products and materials involving formulas, microfilm, tapes and data that are used or intended for use in violation of the Computer Crimes Act; (4) all conveyances, including aircraft, vehicles or vessels, that are used or intended for use to transport or in any manner to facilitate the transportation of property described in this subsection for the purpose of violating the Computer Crimes Act; (5) all property, real, personal or mixed, that has been used or intended for use, maintained or acquired in violation of the Computer Crimes Act; and (6) all money or proceeds that constitute an instrumentality or derive from a violation of the Computer Crimes Act. B. The provisions of the Forfeiture Act [Chapter 31, Article 27 NMSA 1978] apply to the seizure, forfeiture and disposal of property subject to forfeiture pursuant to Subsection A of this section. History: Laws 1989, ch. 215, § 7; 2002, ch. 4, § 18. ANNOTATIONSThe 2002 amendment, effective July 1, 2002, in Paragraph A(4), substituted "this section" for "A, B or C of this section"; deleted former Subsections B through H, which contained standards and procedures for the forfeiture of property subject to forfeiture and disposal under the Computer Crimes Act; and added present Subsection B. Am. Jur. 2d, A.L.R. and C.J.S. references. — Forfeiture of homestead based on criminal activity conducted on premises - state cases, 16 A.L.R.5th 855.
NM Stat § 30-46-1 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 46 - Ticket Scalping|Section 30-46-1 - Ticket scalping.

A. Ticket scalping consists of selling, offering for sale or attempting to sell any ticket, privilege, license, admission or pass to any college athletic event at a price greater than the price charged at the place of admission or printed on the ticket. B. The sale of each ticket, privilege, license, admission or pass in violation of this section shall constitute a separate offense. C. Nothing in this section shall prohibit charging a fee for services rendered in connection with the sale of a ticket privilege, license, admission or pass to an event if the fee is permitted pursuant to a contract between the ticket seller and the sponsor or promoter of the event. D. Whoever commits ticket scalping is guilty of a misdemeanor and upon conviction shall be punished by a fine up to five hundred dollars ($500) or by imprisonment for a definite term of less than one year, or both. History: Laws 1989, ch. 142, § 1.
NM Stat § 30-47-1 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 47 - Resident Abuse and Neglect|Section 30-47-1 - Short title.

This act [30-47-1 to 30-47-10 NMSA 1978] may be cited as the "Resident Abuse and Neglect Act". History: Laws 1990, ch. 55, § 1. ANNOTATIONSConstitutional. — The Residents Abuse and Neglect Act is not unconstitutionally vague. State v. Greenwood, 2012-NMCA-017, 271 P.3d 753, cert. denied, 2012-NMCERT-001.
NM Stat § 30-47-2 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 47 - Resident Abuse and Neglect|Section 30-47-2 - Purpose.

The purpose of the Resident Abuse and Neglect Act is to provide meaningful deterrents and remedies for the abuse, neglect or exploitation of care facility residents and to provide an effective system for reporting instances of abuse, neglect or exploitation. History: Laws 1990, ch. 55, § 2. ANNOTATIONSApplication of the act. — The Residents Abuse and Neglect Act applies to persons who take on the responsibility of continual, steadfast and faithful watch and care of someone who cannot care for himself or herself, and who are grossly negligent in carrying out that responsibility by failing to take any responsible precaution to prevent damage to health. State v. Greenwood, 2012-NMCA-017, 271 P.3d 753, cert. denied, 2012-NMCERT-001.
NM Stat § 30-47-4 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 47 - Resident Abuse and Neglect|Section 30-47-4 - Abuse of a resident; criminal penalties.

A. Whoever commits abuse of a care facility resident that results in no harm to the resident is guilty of a petty misdemeanor and upon conviction shall be sentenced pursuant to the provisions of Subsection B of Section 31-19-1 NMSA 1978. B. Whoever commits abuse of a resident that results in physical harm or great psychological harm to the resident is guilty of a fourth degree felony and upon conviction shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. C. Whoever commits abuse of a resident that results in great physical harm to the resident is guilty of a third degree felony and upon conviction shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. D. Whoever commits abuse of a resident that results in the death of the resident is guilty of a second degree felony and upon conviction shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. History: Laws 1990, ch. 55, § 4. ANNOTATIONSComplaint stated sufficient facts to support a conviction. — Where the state's complaint alleged that defendant was the attending physician of the decedent who had had a heart attack; the decedent had been receiving the anticoagulant drug Coumadin before the decedent was transferred to defendant's care; defendant increased the decedent's dosage of Coumadin; defendant failed to monitor the effect of the prescribed dosage by daily testing the decedent's blood, failed to consider and monitor the decedent's blood pressure medication, failed to act in response to the decedent's worsening symptoms, failed to order proper care upon discovery of blood in the decedent's stool, ordered a colonoscopy rather than determine whether the symptom was due to the Coumadin, and ordered the colonoscopy on a non-emergent basis despite the fact that the decedent required drastic and urgent treatment; and the decedent died due to blood loss from the excessively prescribed quantity of Coumadin, the state's complaint alleged sufficient facts to support a conviction under 30-47-4 NMSA 1978. State v. Muraida, 2014-NMCA-060, cert. denied, 2014-NMCERT-005.
NM Stat § 30-47-6 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 47 - Resident Abuse and Neglect|Section 30-47-6 - Exploitation; criminal penalties.

A. Exploitation of a resident's property consists of the act or process, performed intentionally, knowingly or recklessly, of using a resident's property for another person's profit, advantage or benefit without legal entitlement to do so. B. Whoever commits exploitation of a resident's property when the value of the property exploited is two hundred fifty dollars ($250) or less is guilty of a petty misdemeanor. C. Whoever commits exploitation of a resident's property when the value of the property exploited is over two hundred fifty dollars ($250) but not more than five hundred dollars ($500) is guilty of a misdemeanor. D. Whoever commits exploitation of a resident's property when the value of the property exploited is over five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500) is guilty of a fourth degree felony. E. Whoever commits exploitation of a resident's property when the value of the property exploited is over two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000) is guilty of a third degree felony. F. Whoever commits exploitation of a resident's property when the value of the property exploited is over twenty thousand dollars ($20,000) is guilty of a second degree felony. History: Laws 1990, ch. 55, § 6; 2006, ch. 29, § 25. ANNOTATIONSThe 2006 amendment, effective July 1, 2006, increases the value of the property in Subsection B from $100 to $250; increases the value of the property in Subsection C from more than $100, but not more than $250, and to more than $250, but not more than $500; increases the value of the property in Subsection D from more than $250 to more than $500; deletes the reference to sentencing pursuant to Section 31-19-1 NMSA 1978 in Subsections B and C; and deletes the reference to sentencing pursuant to Section 31-18-15 NMSA 1978 in Subsections D through F.
NM Stat § 30-47-7 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 47 - Resident Abuse and Neglect|Section 30-47-7 - Religious practitioners; exception.

No resident who is being treated by a duly accredited religious practitioner shall be considered for that reason alone, abused or neglected. History: Laws 1990, ch. 55, § 7.
NM Stat § 30-47-8 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 47 - Resident Abuse and Neglect|Section 30-47-8 - Treatment in compliance with the Uniform Health-Care Decisions Act.

A. Nothing in the Resident Abuse and Neglect Act shall be construed to preclude health care in accordance with the Uniform Health-Care Decisions Act [Chapter 24, Article 7A NMSA 1978], and it shall be an affirmative defense to any charge brought under the Resident Abuse and Neglect Act that the acts complained of were in accordance with the Uniform Health-Care Decisions Act. B. To establish an affirmative defense under Subsection A of this section, the person shall show substantial compliance with the provisions of the Uniform Health-Care Decisions Act. History: Laws 1990, ch. 55, § 8; 1997, ch. 168, § 11. ANNOTATIONSThe 1997 amendment, effective July 1, 1997, substituted "Uniform Health-Care Decisions Act" for "Right to Die Act" in the section heading and throughout the section and substituted "health care" for "withholding or withdrawing treatment" in Subsection A.