reglab/housing_qa huggingface dataset:
NM Stat § 30-33-11 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 33 - Fraud and False Dealing|Section 30-33-11 - Administrative regulations.

The attorney general and the New Mexico office of Indian affairs [Indian affairs department] are authorized jointly to promulgate necessary regulations, pursuant to the Administrative Procedures Act [12-8-1 to 12-8-25 NMSA 1978], to further the purpose and implement the provisions of the Indian Arts and Crafts Sales Act [30-33-1 to 30-33-11 NMSA 1978]. History: 1953 Comp., § 40-21-25.10, enacted by Laws 1977, ch. 334, § 8; 1991, ch. 90, § 10. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 2004, ch. 24, § 17 provided that statutory references to the "New Mexico office of Indian affairs" be changed to the "Indian affairs department" pursuant to an executive order issued in accordance with Laws 2003, Chapter 403. The 1991 amendment, effective June 14, 1991, rewrote this section which read "The attorney general is authorized to promulgate necessary regulations, pursuant to the Administrative Procedures Act, to further the purpose of the Indian Arts and Crafts Sales Act as set forth in Section 40-21-25.3 NMSA 1953." Severability. — Laws 1991, ch. 90, § 11 provides for the severability of the act if any part or application thereof is held invalid.
NM Stat § 30-33-12 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 33 - Fraud and False Dealing|Section 30-33-12 - Obtaining telecommunications service with intent to defraud; definitions.

For the purposes of Sections 30-33-12 through 30-33-14 NMSA 1978: A. "credit card" means an identification card or plate issued to a person, firm or corporation by any person, firm or corporation engaged in the furnishing of telecommunications service, which permits the person, firm or corporation to whom the card has been issued to obtain telecommunications service on credit; B. "credit card number" means the card number appearing in a credit card; and C. "telecommunication service" means service furnished by a public utility, including a telephone company, by which there is accomplished, or may be accomplished, the sending or receiving of information, data, messages, writing, signs, signals, pictures and sound of all kinds, by aid of wire, cable, radio or other means or apparatus. History: 1953 Comp., § 40-21-49, enacted by Laws 1963, ch. 49, § 1; 1967, ch. 134, § 1.
NM Stat § 30-33-14 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 33 - Fraud and False Dealing|Section 30-33-14 - Venue.

Venue is in the county in this state where the telecommunication service giving rise to the prosecution was solicited or initiated, or attempted to be solicited or initiated, or where the service was received or was attempted to be received, or was billable in the normal course of business. History: 1953 Comp., § 40-21-51, enacted by Laws 1963, ch. 49, § 3; 1967, ch. 134, § 3.
NM Stat § 30-33A-1 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 33A - Telecommunications Service Theft|Section 30-33A-1 - Short title.

This act [30-33A-1 to 30-33A-5 NMSA 1978] may be cited as the "Telecommunications Service Theft Act". History: Laws 1997, ch. 50, § 1. ANNOTATIONSEffective dates. — Laws 1997, ch. 50 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, the Telecommunications Service Theft Act is effective June 20, 1997, 90 days after adjournment of the legislature. Am. Jur. 2d, A.L.R. and C.J.S. references. — 74 Am. Jur. 2d Telecommunications § 184. Criminal liability for unauthorized interference with or reception of radio or television transmission, 43 A.L.R.4th 991.
NM Stat § 30-33A-2 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 33A - Telecommunications Service Theft|Section 30-33A-2 - Definitions.

As used in the Telecommunications Service Theft Act: A. "provider" means a person that offers telecommunications service for lawful compensation; and B. "telecommunications service" means any audio, video, data or programming offered for a fee or other consideration to facilitate the origination, transmission, emission or reception of signs, signals, data, writings, images, sounds or intelligence of any nature delivered by telephone or telephone service, cable television service, including cellular or other wireless telephones, wire, radio, electromagnetic, photoelectronic or photo-optical equipment, coaxial or fiber optic cable, terrestrial microwave, television broadcast or satellite transmission. History: Laws 1997, ch. 50, § 2. ANNOTATIONSEffective dates. — Laws 1997, ch. 50 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, the Telecommunications Service Theft Act is effective June 20, 1997, 90 days after adjournment of the legislature.
NM Stat § 30-33A-3 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 33A - Telecommunications Service Theft|Section 30-33A-3 - Illegal service; prohibited acts; penalties.

A. It is unlawful for any person to: (1) obtain or attempt to obtain telecommunications service by trick, artifice, deception, use of an illegal device or decoder or other fraudulent means without authorization of the provider; (2) assist or instruct any person to obtain or attempt to obtain any telecommunications service without authorization of the provider; (3) make or attempt to make or assist any person to make or maintain a telecommunications service connection, whether physical, electrical, mechanical, acoustical or by other means, with any cables, wires, components or other devices used for the distribution of telecommunications service without authorization of the provider; or (4) make or maintain any modification or alteration to any device that was installed with the authorization of the provider for the purpose of intercepting or receiving any telecommunications service without authorization of the provider. B. Any person who violates this section is guilty of a misdemeanor upon conviction for a first offense and shall be punished by a fine of up to five hundred dollars ($500); and upon conviction for a second or subsequent offense, is guilty of a misdemeanor and shall be punished by either a fine of not less than five hundred dollars ($500) or more than one thousand dollars ($1,000), by imprisonment for a definite term not to exceed thirty days, or both. History: Laws 1997, ch. 50, § 3. ANNOTATIONSEffective dates. — Laws 1997, ch. 50 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, the Telecommunications Service Theft Act is effective June 20, 1997, 90 days after adjournment of the legislature.
NM Stat § 30-33A-4 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 33A - Telecommunications Service Theft|Section 30-33A-4 - Illegal devices; prohibited acts; penalties.

A. It is unlawful for any person to: (1) own or possess any device, including a printed circuit board, designed to receive or permit reception of any telecommunications service, regardless of whether that service is encoded, filtered, scrambled or otherwise made unintelligible, with the intent to distribute such device for the purpose of permitting reception or use of telecommunications service without authorization by the provider; (2) publish or advertise for sale or lease any kit or plan for a device designed in whole or in part to receive without authorization of the provider any telecommunications service, regardless of whether that service is encoded, filtered, scrambled or otherwise made unintelligible; (3) advertise for sale or lease any device or printed circuit or kit for a device or printed circuit designed in whole or in part to receive any telecommunications service without authorization of the provider, regardless of whether the service is encoded, filtered, scrambled or otherwise made unintelligible; or (4) manufacture, import into New Mexico, distribute, sell, lease or offer for sale or lease any device, printed circuit or any plan or kit for a device or for a printed circuit, designed in whole or in part to receive any telecommunications service, regardless of whether the service is encoded, filtered, scrambled or otherwise made unintelligible, that can be used to receive that service without the authorization of the provider. B. Any person who violates this section is guilty of a misdemeanor upon conviction for a first offense and shall be punished by either a fine of not less than one thousand dollars ($1,000), imprisonment for a definite term of not less than thirty days, or both; and upon conviction for a second or subsequent offense, is guilty of a fourth degree felony and shall be punished as provided in Section 31-18-15 NMSA 1978. History: Laws 1997, ch. 50, § 4. ANNOTATIONSEffective dates. — Laws 1997, ch. 50 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, the Telecommunications Service Theft Act is effective June 20, 1997, 90 days after adjournment of the legislature.
NM Stat § 30-33A-5 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 33A - Telecommunications Service Theft|Section 30-33A-5 - Private remedies.

A. A person damaged by a violation of Section 3 or 4 [30-33A-3 or 30-33A-4 NMSA 1978] of the Telecommunications Service Theft Act may be granted an injunction under the principles of equity and on terms that the court considers reasonable. Proof of monetary damage, loss of revenue or intent to deceive and take unfair advantage of any person is not required. B. The relief provided in this section is in addition to remedies otherwise available against the same conduct under the common law or other New Mexico statutes. History: Laws 1997, ch. 50, § 5. ANNOTATIONSEffective dates. — Laws 1997, ch. 50 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, the Telecommunications Service Theft Act is effective June 20, 1997, 90 days after adjournment of the legislature. Severability. — Laws 1997, ch. 50, § 7 provides for the severability of the act if any part or application thereof is held invalid. Am. Jur. 2d, A.L.R. and C.J.S. references. — State civil actions by subscription television business for use, or providing technical means of use, of transmissions by nonsubscribers, 46 A.L.R.4th 811.
NM Stat § 30-34-1 to 30-34-6 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 34 - Libel and Slander (Transferred.)|Section 30-34-1 to 30-34-6 - Transferred.

ANNOTATIONSCompiler's notes. — Former 30-34-1 to 30-34-6 NMSA 1978, concerning tort actions for libel and slander, have been transferred to 41-7-1 to 41-7-6 NMSA 1978.
NM Stat § 30-35-1 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 35 - Public Utilities|Section 30-35-1 - [Failure to relinquish telephone party line for emergency call.]

It is unlawful for any person: A. wilfully [willfully] to refuse to yield, or wilfully [willfully] to impede, the use of a telephone party line in time of emergency, by which he is not affected and of which he has been apprised, when he has been requested so to yield; or B. to request another to yield the use of a telephone party line because of an emergency, which in fact does not exist. History: 1953 Comp., § 40-37-6, enacted by Laws 1963, ch. 320, § 1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 30-35-2 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 35 - Public Utilities|Section 30-35-2 - Penalty.

Any person: A. who fails to yield a telephone party line or impedes its use, and any person who falsely asserts an emergency as basis for a request of another to yield a telephone party line, as provided in the preceding section [30-35-1 NMSA 1978], is liable to the person aggrieved by his act for triple the amount of damages proximately caused by his act; B. who violates any provision of this act [30-35-1, 30-35-2 NMSA 1978] is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than five hundred dollars ($500) nor less than twenty-five dollars ($25.00). History: 1953 Comp., § 40-37-7, enacted by Laws 1963, ch. 320, § 2.
NM Stat § 30-36-1 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 36 - Worthless Checks|Section 30-36-1 - Short title.

This act [30-36-1 to 30-36-9 NMSA 1978] may be cited as the "Worthless Check Act". History: 1953 Comp., § 40-49-1, enacted by Laws 1963, ch. 315, § 1. ANNOTATIONSRelation to general fraud statute. — The general fraud statute (Section 30-16-6 NMSA 1978) and this act prohibit different offenses, and it is inappropriate to view this act as an exception to the fraud statute. State v. Higgins, 1988-NMCA-072, 107 N.M. 617, 762 P.2d 904. Am. Jur. 2d, A.L.R. and C.J.S. references. — Construction and effect of "bad check" statute with respect to check in payment of preexisting debt, 59 A.L.R.2d 1159. Constitutionality of "bad check" statute, 16 A.L.R.4th 631.
NM Stat § 30-36-2 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 36 - Worthless Checks|Section 30-36-2 - Definitions.

As used in the Worthless Check Act: A. "check" means any check, draft or written order for money; B. "person" means any person, firm or corporation; C. "draw" means the making, drawing, uttering or delivering a check; D. "thing of value" includes money, property, services, goods and wares; and lodging; E. "credit" means an arrangement or understanding with the drawer for the payment of the check. History: 1953 Comp., § 40-49-2, enacted by Laws 1963, ch. 315, § 2.
NM Stat § 30-36-3 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 36 - Worthless Checks|Section 30-36-3 - Purpose.

It is the purpose of the Worthless Check Act to remedy the evil of giving checks on a bank without first providing funds in or credit with the depository on which they are made or drawn to pay or satisfy the same, which tends to create the circulation of worthless checks on banks, bad banking, check kiting and mischief to trade and commerce. History: 1953 Comp., § 40-49-3, enacted by Laws 1963, ch. 315, § 3. ANNOTATIONS"Issue" and "giving" same. — The term "issue" in Section 30-36-4 NMSA 1978 is used in the same sense as "giving" a check in this section, and "giving" a worthless check constitutes a representation that the drawer has credit with the drawee bank for the amount involved. State v. Libero, 1978-NMCA-055, 91 N.M. 780, 581 P.2d 873, cert. denied, 92 N.M. 180, 585 P.2d 324.
NM Stat § 30-36-6 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 36 - Worthless Checks|Section 30-36-6 - Exceptions.

The Worthless Check Act does not apply to: A. any check where the payee or holder knows or has been expressly notified prior to the drawing of the check or has reason to believe that the drawer did not have on deposit or to his credit with the drawee sufficient funds to insure payment on its presentation; or B. any post-dated check. History: 1953 Comp., § 40-49-6, enacted by Laws 1963, ch. 315, § 6. ANNOTATIONSCross references. — For effect of postdating a negotiable instrument, see 55-3-113 NMSA 1978. Knowledge of payee as jury question. — Whether motel clerk knew, had been expressly notified or had reason to believe that defendant did not have sufficient funds on deposit in the bank to insure payment on presentation of the check was for the jury to decide. State v. McKay, 1969-NMCA-009, 79 N.M. 797, 450 P.2d 435. Act inapplicable to postdated check. — Where neither evidence nor inference contradicts testimony that a check was postdated, defendant's motion to dismiss the charge as to the check should be sustained as the Worthless Check Act does not apply to postdated checks. State v. Downing, 1971-NMCA-122, 83 N.M. 62, 488 P.2d 112. Check postdated. — Where it was stipulated that the hay sold to defendant was weighed on June 25, and the payee testified that the check was accepted on the date of weighing, while the check was dated June 30, the defendant's motion to dismiss should have been sustained. State v. Downing, 1971-NMCA-122, 83 N.M. 62, 488 P.2d 112. Am. Jur. 2d, A.L.R. and C.J.S. references. — Application of "bad check" statute with respect to post dated checks, 52 A.L.R.3d 464.
NM Stat § 30-36-8 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 36 - Worthless Checks|Section 30-36-8 - Notice.

Notice as used in the Worthless Check Act shall consist of either notice given to the person entitled thereto in person or notice given to such person in writing. The notice in writing is presumed to have been given when deposited as certified matter in the United States mail, addressed to the person at his address as it appears on the check. History: 1953 Comp., § 40-49-8, enacted by Laws 1963, ch. 315, § 8; 1979, ch. 8, § 2.
NM Stat § 30-36-9 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 36 - Worthless Checks|Section 30-36-9 - Citizen's complaint; costs.

Where prosecutions are initiated under the Worthless Check Act before any committing magistrate, the party applying for the warrant is liable for costs accruing in the event the case is dismissed at his request or for his failure to prosecute. History: 1953 Comp., § 40-49-9, enacted by Laws 1963, ch. 315, § 9. ANNOTATIONSLaw reviews. — For article, "Automatic Stay Provisions of the Bankruptcy Act of 1978," see 13 N.M.L. Rev. 599 (1983).
NM Stat § 30-36-10 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 36 - Worthless Checks|Section 30-36-10 - District attorney; processing fee.

A. A district attorney is authorized to assess a processing fee against any person who is convicted of violating Section 30-36-4 NMSA 1978 and against any person who acknowledges violation of that section but for whom prosecution is waived by the district attorney. The processing fee assessed pursuant to this section shall not exceed: (1) five dollars ($5.00) if the amount of the check, draft or order is less than twenty-five dollars ($25.00); (2) ten dollars ($10.00) if the amount of the check, draft or order is twenty-five dollars ($25.00) or more but less than one hundred dollars ($100); (3) thirty dollars ($30.00) if the amount of the check, draft or order is one hundred dollars ($100) or more but less than three hundred dollars ($300); (4) fifty dollars ($50.00) if the amount of the check, draft or order is three hundred dollars ($300) or more but less than five hundred dollars ($500); and (5) seventy-five dollars ($75.00) if the amount of the check, draft or order is five hundred dollars ($500) or more. B. All processing fees collected by a district attorney pursuant to this section shall be transmitted to the administrative office of the district attorneys for credit to the district attorney fund. History: Laws 1984, ch. 110, § 4.
NM Stat § 30-37-2 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 37 - Sexually Oriented Material Harmful to Minors|Section 30-37-2 - Offenses; books; pictures.

It is unlawful for a person to knowingly sell, deliver, distribute, display for sale or provide to a minor, or knowingly to possess with intent to sell, deliver, distribute, display for sale or provide to a minor: A. any picture, photograph, drawing, sculpture, motion picture film or similar visual representation or image of a person or portion of the human body, or any replica, article or device having the appearance of either male or female genitals which depicts nudity, sexual conduct, sexual excitement or sado-masochistic abuse and which is harmful to minors; or B. any book, pamphlet, magazine, printed matter however produced or sound recording which contains any matter enumerated in Subsection A of this section or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sado-masochistic abuse and which, taken as a whole, is harmful to minors. History: 1953 Comp., § 40-50-2, enacted by Laws 1973, ch. 257, § 2. ANNOTATIONSStanding to challenge constitutionality. — Trade association, wholesalers and retailers of books and periodicals had standing to challenge the constitutionality of Section 30-37-2 NMSA 1978 even though no district attorney has made a determination under Section 30-37-4 NMSA 1978 that specific material is harmful to minors and the plaintiffs had not received actual or constructive notice of the district attorney's determination. Am. Booksellers Ass'n v. Schiff, 868 F.2d 1199 (10th Cir. 1989). Am. Jur. 2d, A.L.R. and C.J.S. references. — In personam or territorial jurisdiction of state court in connection with obscenity prosecution of author, actor, photographer, publisher, distributor or other party whose acts were performed outside the state, 16 A.L.R.4th 1318. Validity and application of statute exempting nonmanagerial, nonfinancially interested employees from obscenity prosecution, 35 A.L.R.4th 1237. Musical sound recording as punishable obscenity, 30 A.L.R.5th 718. Constitutionality of state statutes banning distribution of sexual devices, 94 A.L.R.5th 497.
NM Stat § 30-37-2.1 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 37 - Sexually Oriented Material Harmful to Minors|Section 30-37-2.1 - Offenses; retail display.

A. It is unlawful for any person, offering for sale in a retail establishment open to the general public any book, magazine or other printed material the cover of which depicts nudity, sado-masochistic [sadomasochistic] abuse, sexual conduct or sexual excitement and which is harmful to minors, to knowingly exhibit that book, magazine or material in that establishment in such a way that it is on open display to, or within the convenient reach of, minors who may frequent the retail establishment. Such books, magazines or printed materials may be displayed behind an opaque covering which conceals the depiction of nudity, sado-masochistic [sadomasochistic] abuse, sexual conduct or sexual excitement, provided that those books, magazines or printed materials are not within the convenient reach of minors who may frequent the retail establishment. B. It is unlawful for any person, offering for sale in a retail establishment open to the general public any book, magazine or other printed material the content of which exploits, is devoted to or is principally made up of descriptions or depictions of nudity, sado-masochistic [sadomasochistic] abuse, sexual conduct or sexual excitement and which are harmful to minors, to knowingly exhibit that book, magazine or material in that establishment in such a way that it is within the convenient reach of minors who may frequent the retail establishment. History: Laws 1985, ch. 13, § 1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Standing to challenge constitutionality. — Trade association, wholesalers and retailers of books and periodicals had standing to challenge the constitutionality of Section 30-37-2 NMSA 1978 even though no district attorney has made a determination under Section 30-37-4 NMSA 1978 that specific material is harmful to minors and the plaintiffs had not received actual or constructive notice of the district attorney's determination. Am. Booksellers Ass'n v. Schiff, 868 F.2d 1199 (10th Cir. 1989).