reglab/housing_qa huggingface dataset:
NM Stat § 30-13-2 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 13 - Violation of Civil Rights|Section 30-13-2 - Denial of service by a utility.

Denial of service by a utility consists of any utility refusing to furnish service to another in the area served by such utility. Utility as used in this section is defined as any person furnishing to the public: water, power, telephone or gas. Provided such utility may lawfully refuse its services if: A. the person to be served has not tendered an amount of money required for the expense of construction, if construction is necessary for furnishing the utilities; or B. the person has not tendered the amount of money due for the use of such utilities. Whoever commits denial of services [service] by a utility is guilty of a petty misdemeanor. History: 1953 Comp., § 40A-13-2, enacted by Laws 1963, ch. 303, § 13-2. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Disputed claim. — A public service corporation could not cut off a supply of water or electricity to enforce payment of a disputed claim. Miller v. Roswell Gas & Elec. Co., 1917-NMSC-034, 22 N.M. 594, 166 P. 1177 (decided under prior law). Section assumes that customer has right to demand service. — If a customer's installation has not passed or would not pass electrical inspection, he has no right to demand service of utility. 1969 Op. Att'y Gen. No. 69-81. Duty to refuse service. — A utility has a positive duty to refuse service to a customer whose wiring is known by the utility to be in a dangerous or defective condition. 1969 Op. Att'y Gen. No. 69-81. Defense to prosecution. — Compliance with rules of the public service commission permitting a public utility to discontinue service immediately in the event of a condition determined by the utility to be hazardous would be a defense to a criminal action upon a refusal to render electric service, but the burden would be upon the utility to produce some evidence that the condition was actually hazardous and to prove the existence of the rule itself. 1969 Op. Att'y Gen. No. 69-81. Am. Jur. 2d, A.L.R. and C.J.S. references. — 74 Am. Jur. 2d Telecommunications §§ 61, 62; 78 Am. Jur. 2d Waterworks and Water Companies § 15, 47 to 49. Discontinuance: right of public utility to discontinue line or branch on ground that it is unprofitable, 10 A.L.R.2d 1121. 29 C.J.S. Electricity § 25; 38A C.J.S. Gas § 46 et seq.; 86 C.J.S. Telegraphs, Telephones, Radio and Television §§ 65, 68, 69; 94 C.J.S. Waters §§ 278 to 280.
NM Stat § 30-13-3 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 13 - Violation of Civil Rights|Section 30-13-3 - Blacklisting.

Blacklisting consists of an employer or his agent preventing or attempting to prevent a former employee from obtaining other employment. Whoever commits blacklisting is guilty of a misdemeanor. Upon request, an employer may give an accurate report or honest opinion of the qualifications and the performance of a former employee. An employer is defined as any person employing labor or the agent of such person. History: 1953 Comp., § 40A-13-3, enacted by Laws 1963, ch. 303, § 13-3. ANNOTATIONSCross references. — For criminal libel, see 30-11-1 NMSA 1978. For constitutional provision guaranteeing freedom of speech and of the press, and making truth a defense in criminal prosecutions for libel, see N.M. Const., art. II, § 17. Union affiliation. — Workers could not be dismissed from employment because of their labor union affiliations. Phelps Dodge Corp. v. NLRB, 313 U.S. 177, 61 S. Ct. 845, 85 L. Ed. 1271 (1941). Law reviews. — For comment, "Public Accommodations in New Mexico: The Right to Refuse Service for Reasons Other Than Race or Religion," see 10 Nat. Resources J. 635 (1970). Am. Jur. 2d, A.L.R. and C.J.S. references. — 48 Am. Jur. 2d Labor and Labor Relations § 669. Blacklist, libel or slander, 66 A.L.R. 1499. Publication of libel by blacklist for purpose of statute of limitation, 42 A.L.R.3d 807. Validity, construction, and operation of state blacklisting statutes, 95 A.L.R.5th 1. Federal pre-emption of whistleblower's state-law action for wrongful retaliation, 99 A.L.R. Fed. 775. Who has "participated" in investigation proceeding or hearing and is thereby protected from retaliation under § 704(a) of Title VII of Civil Rights Act of 1964 (42 USCA § 2000e-3(a)), 149 A.L.R. Fed. 431. 51 C.J.S. Labor Relations § 8; 30 C.J.S. Employer-Employee § 58.
NM Stat § 30-13-4 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 13 - Violation of Civil Rights|Section 30-13-4 - Unlawful payment of wages in script.

Unlawful payment of wages in script consists of any person selling, giving or delivering, or in any manner issuing, directly or indirectly, to any person employed by him, and in payment for wages due, any script, draft, order or other evidence of indebtedness payable or redeemable otherwise than in lawful money of the United States. Whoever commits unlawful payment of wages in script is guilty of a misdemeanor. History: 1953 Comp., § 40A-13-4, enacted by Laws 1963, ch. 303, § 13-4. ANNOTATIONSCross references. — For payment of wages, see 50-4-1 NMSA 1978 et seq. Am. Jur. 2d, A.L.R. and C.J.S. references. — 48A Am. Jur. 2d Labor and Labor Relations § 4196 et seq. 51B C.J.S. Labor Relations § 1179.
NM Stat § 30-13-5 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 13 - Violation of Civil Rights|Section 30-13-5 - Unlawful coercion of employees.

Unlawful coercion of employees consists of any person employing labor, or any agent of such employer, compelling or coercing, directly or indirectly, any employee to buy goods or trade with any particular store, business or person. Whoever commits unlawful coercion of employees is guilty of a misdemeanor. History: 1953 Comp., § 40A-13-5, enacted by Laws 1963, ch. 303, § 13-5. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 51 C.J.S. Labor Relations § 9; 51B C.J.S. Labor Relations § 1009.
NM Stat § 30-14-1.1 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 14 - Trespass|Section 30-14-1.1 - Types of trespass; injury to realty; civil damages.

A. Any person who enters and remains on the lands of another after having been requested to leave is guilty of a misdemeanor. B. Any person who enters upon the lands of another when such lands are posted against trespass at every roadway or apparent way of access is guilty of a misdemeanor. C. Any person who drives a vehicle upon the lands of another except through a roadway or other apparent way of access, when such lands are fenced in any manner, is guilty of a misdemeanor. D. In the event any person enters upon the lands of another without prior permission and injures, damages or destroys any part of the realty or its improvements, including buildings, structures, trees, shrubs or other natural features, he shall be liable to the owner, lessee or person in lawful possession for damages in an amount equal to double the amount of the appraised value of the damage of the property injured or destroyed. History: Laws 1979, ch. 186, § 2; 1983, ch. 27, § 3. ANNOTATIONSThe 1983 amendment deleted "petty" preceding "misdemeanor" in Subsections A to C. Surface lessee of land had no standing to sue for trespass and unjust enrichment. — Where plaintiff leased land for purposes of ranching and defendants pumped salt water from beyond the boundaries of the land into a disposal well on the land without the knowledge or consent of plaintiff, plaintiff did not have standing to sue defendants for trespass or unjust enrichment. McNeill v. Rice Eng. & Operating, Inc., 2010-NMSC-015, 148 N.M. 16, 229 P.3d 489. Owner of land had no standing to sue for trespass for use of land prior to owner's acquisition of the land. — Where defendants pumped salt water from beyond the boundaries of plaintiff's land into a disposal well on plaintiff's land without the knowledge or consent of plaintiff or plaintiff's predecessor in interest, plaintiff did not have standing to sue defendants for trespass for acts that occurred prior to the time plaintiff owned the land. McNeill v. Rice Eng. & Operating, Inc., 2010-NMSC-015, 148 N.M. 16, 229 P.3d 489. Subsection D does not apply to trespass by substances beneath the surface of the land. Hartman v. Texaco, Inc., 1997-NMCA-032, 123 N.M. 220, 937 P.2d 979. Am. Jur. 2d, A.L.R. and C.J.S. references. — Trespass: state prosecution for unauthorized entry or occupation, for public demonstration purposes, of business, industrial, or utility premises, 41 A.L.R.4th 773. Entry on private lands in pursuit of wounded game as criminal trespass, 41 A.L.R.4th 805. Tree or limb falls onto adjoining private property: personal injury and property damage liability, 54 A.L.R.4th 530. Encroachment of trees, shrubbery, or other vegetation across boundary line, 65 A.L.R.4th 603. Business interruption, without physical damage, as actionable, 65 A.L.R.4th 1126.
NM Stat § 30-14-2 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 14 - Trespass|Section 30-14-2 - Consent required for key duplication [of educational institutions].

No person shall knowingly make or cause to be made any key or duplicate key for any building, laboratory, facility, room, dormitory, hall or any other structure, or part thereof, owned or leased by the state, any political subdivision, or by the board of regents or other governing body of any college or university, which is supported wholly or in part by the state, without the prior written consent of the state, political subdivision, board of regents or other governing body. History: 1953 Comp., § 40A-14-3, enacted by Laws 1965, ch. 115, § 1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 30-14-3 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 14 - Trespass|Section 30-14-3 - Penalty.

Any person who violates Section 1 [30-14-2 NMSA 1978] of this act is guilty of a misdemeanor. History: 1953 Comp., § 40A-14-4, enacted by Laws 1965, ch. 115, § 2.
NM Stat § 30-14-5 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 14 - Trespass|Section 30-14-5 - Repealed.

ANNOTATIONSRepeals. — Laws 1979, ch. 186, § 4, repealed 30-14-5 NMSA 1978, as enacted by Laws 1969, ch. 195, § 1, relating to the short title of the Property Posting Act.
NM Stat § 30-14-6 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 14 - Trespass|Section 30-14-6 - No trespassing notice; sign contents; posting; requirement; prescribing a penalty for wrongful posting of public lands.

A. The owner, lessee or person lawfully in possession of real property in New Mexico, except property owned by the state or federal government, desiring to prevent trespass or entry onto the real property shall post notices parallel to and along the exterior boundaries of the property to be posted, at each roadway or other way of access in conspicuous places, and if the property is not fenced, such notices shall be posted every five hundred feet along the exterior boundaries of such land. B. The notices posted shall prohibit all persons from trespassing or entering upon the property, without permission of the owner, lessee, person in lawful possession or his agent. The notices shall: (1) be printed legibly in English; (2) be at least one hundred forty-four square inches in size; (3) contain the name and address of the person under whose authority the property is posted or the name and address of the person who is authorized to grant permission to enter the property; (4) be placed at each roadway or apparent way of access onto the property, in addition to the posting of the boundaries; and (5) where applicable, state any specific prohibition that the posting is directed against, such as "no trespassing," "no hunting," "no fishing," "no digging" or any other specific prohibition. C. Any person who posts public lands contrary to state or federal law or regualtion [regulation] is guilty of a petty misdemeanor. History: 1953 Comp., § 40A-14-7, enacted by Laws 1969, ch. 195, § 2; 1979, ch. 186, § 3. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Failure to post notices not a valid defense to liability for trespass at common law. — Where plaintiffs filed a complaint against defendants seeking injunctive relief and damages arising from claims for common law trespass based on allegations that defendants performed certain earthwork on plaintiffs' land, the district court did not err in denying defendants' jury instruction modeled on the text of the criminal trespass statute, 30-14-16 NMSA 1978, which imposed a duty on landowners to post notices on the boundaries of their property in order to subject individuals to trespass liability for any entries thereon, because this section cannot be fairly read to change the common law of trespass, which does not require posting of property in order for an unauthorized entry to constitute a trespass. Holcomb v. Rodriguez, 2016-NMCA-075, cert. denied.
NM Stat § 30-14-7 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 14 - Trespass|Section 30-14-7 - Repealed.

ANNOTATIONSRepeals. — Laws 1979, ch. 186, § 4, repealed 30-14-7 NMSA 1978, as enacted by Laws 1969, ch. 195, § 3, relating to penalties for trespassing and double damages for injury to realty. For present penalty and damages provisions, see 30-14-1.1 NMSA 1978.
NM Stat § 30-15-1.1 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 15 - Property Damage|Section 30-15-1.1 - Unauthorized graffiti on personal or real property.

A. Graffiti consists of intentionally and maliciously defacing any real or personal property of another with graffiti or other inscribed material inscribed with ink, paint, spray paint, crayon, charcoal or the use of any object without the consent or reasonable ground to believe there is consent of the owner of the property. B. Whoever commits graffiti to real or personal property when the damage to the property is one thousand dollars ($1,000) or less is guilty of a petty misdemeanor and shall be required to perform a mandatory one hundred hours of community service within a continuous six-month period immediately following his conviction and shall be required to make restitution to the property owner for the cost of damages and restoration. C. Whoever commits graffiti to real or personal property when the damage to the property is greater than one thousand dollars ($1,000) is guilty of a fourth degree felony and shall be required to perform a mandatory one hundred sixty hours of community service within a continuous eight-month period immediately following his conviction and shall be required to provide restitution to the property owner for the cost of damages and restoration as a condition of probation or following any term of incarceration as a condition of parole. D. When a single occurrence of graffiti is committed by more than one individual, the court may apportion the amount of restitution owed by each offender in accordance with each offender's degree of culpability. History: Laws 1990, ch. 36, § 1; 1995, ch. 204, § 1. ANNOTATIONSThe 1995 amendment, effective July 1, 1995, subdivided and rewrote former Subsection B into Subsections B and C and added Subsection D. Law reviews.— For article, "Co-opting the Journalist's Privilege: Of Sources and Spray Paint," see 23 N.M. L. Rev. 435 (1993).
NM Stat § 30-15-2 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 15 - Property Damage|Section 30-15-2 - [Rocks, protected plants or trees within four hundred yards of highway.]

It is a petty misdemeanor to deface, without the written consent of the landowner, any rock, any plant defined in Section 76-8-1 NMSA 1978, or any dead or living tree within four hundred yards of any public highway. History: 1953 Comp., § 40A-15-1.1, enacted by Laws 1971, ch. 3, § 1. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — What is considered property "involved" in money laundering offense, and thus subject to civil or criminal forfeiture, for purposes of Money Laundering Control Act (18 USCS § 981(a)(1)(A) and 982(a)(1)), 135 A.L.R. Fed. 367.
NM Stat § 30-15-3 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 15 - Property Damage|Section 30-15-3 - Damaging insured property.

Damaging insured property consists of intentionally damaging property which is insured with intent to defraud the insurance company into paying himself or another for such damage. Whoever commits damaging insured property is guilty of a fourth degree felony. History: 1953 Comp., § 40A-15-2, enacted by Laws 1963, ch. 303, § 15-2. ANNOTATIONSEvidence of insurance. — Evidence that balance of fee for carrying out scheme to apparently burglarize and vandalize and then burn business was to be paid when insurance company paid for the supposed theft and vandalism, that undercover officer hired to carry out the scheme was told to be sure the burglar alarm was on or the company would refuse coverage and that conspirators stated the business was insured, was substantial evidence that the property to be damaged was insured and that the purpose of the conspiracy was to damage insured property. State v. Ross, 1974-NMCA-028, 86 N.M. 212, 521 P.2d 1161. Arson section not exclusive. — In conspiracy to damage business property by fire after making it appear to have been first burglarized and vandalized, where the conspiracy to burglarize and vandalize was directed to acts not covered by 30-17-5 NMSA 1978, the arson statute, that section did not act as a special provision prohibiting the prosecution of defendant under this section for the aspect of the conspiracy directed toward burglary and vandalism. State v. Ross, 1974-NMCA-028, 86 N.M. 212, 521 P.2d 1161. Single penalty for conspiracy to damage. — Where defendant was charged with one count of conspiracy to commit felony arson, and one count under this section, since scheme to damage business property by fire after making it appear to have been first burglarized and vandalized involved only one conspiracy, only one penalty could be imposed. State v. Ross, 1974-NMCA-028, 86 N.M. 212, 521 P.2d 1161. Am. Jur. 2d, A.L.R. and C.J.S. references. — What constitutes "vandalism" or "malicious mischief" within meaning of insurance policy specifically extending coverage to losses from such causes, 56 A.L.R.5th 407.
NM Stat § 30-15-4 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 15 - Property Damage|Section 30-15-4 - Desecration of a church.

Desecration of a church consists of willfully, maliciously and intentionally defacing a church or any portion thereof. Whoever commits desecration of a church is guilty of a misdemeanor, except that when the damage to the church amounts to more than one thousand dollars ($1,000) he is guilty of a fourth degree felony. History: 1953 Comp., § 40A-15-3, enacted by Laws 1963, ch. 303, § 15-3; 1965, ch. 173, § 1. ANNOTATIONSMeaning of "church". — The sense in which "church" is used in this section is expressive of a place where persons regularly assemble for worship and is not limited to the Christian religion. State v. Vogenthaler, 1976-NMCA-030, 89 N.M. 150, 548 P.2d 112. Contents not included. — Absent any legislative intent to the contrary, "church or any portion thereof" does not include the movable contents of the building. State v. Vogenthaler, 1976-NMCA-030, 89 N.M. 150, 548 P.2d 112. No violation of establishment clause. — This section does not advance religion contrary to the First and Fourteenth Amendments of the United States Constitution. State v. Vogenthaler, 1976-NMCA-030, 89 N.M. 150, 548 P.2d 112. Equal protection not violated. — The differences in the elements of this section and 30-15-1 NMSA 1978 provide a rational basis for the difference in penalties imposed for damage amounting to less than $1,000, in that violation of 30-15-1 NMSA 1978 requires only intentional damage, while this section involves willful, malicious and intentional defacement; therefore, this section does not violate equal protection. State v. Vogenthaler, 1976-NMCA-030, 89 N.M. 150, 548 P.2d 112. Rational basis. — A rational basis for treating criminal damage to a church differently than criminal damage to other property is the role of religion in society as a whole. State v. Vogenthaler, 1976-NMCA-030, 89 N.M. 150, 548 P.2d 112. Am. Jur. 2d, A.L.R. and C.J.S. references. — Validity and construction of statute or ordinance prohibiting desecration of church, 90 A.L.R.3d 1119. What is considered property "involved in" money laundering offense, and thus subject to civil or criminal forfeiture, for purposes of Money Laundering Control Act (18 USCS § 981(a)(1)(A) and 982(a)(1)), 135 A.L.R. Fed. 367.
NM Stat § 30-15-5 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 15 - Property Damage|Section 30-15-5 - Damaging caves or caverns unlawful.

It shall be unlawful for any person, without prior permission of the federal, state or private land owner, to willfully or knowingly break, break off, crack, carve upon, write or otherwise mark upon, or in any manner destroy, mutilate, injure, deface, remove, displace, mar or harm any natural material found in any cave or cavern, such as stalactites, stalagmites, helictites, anthodites, gypsum flowers or needles, flowstone, draperies, columns, tufa dams, clay or mud formations or concretions, or other similar crystalline mineral formations or otherwise; to kill, harm or in any manner or degree disturb any plant or animal life found therein; to otherwise disturb or alter the natural conditions of such cave or cavern through the disposal therein of any solid or liquid materials such as refuse, food, containers or fuel of any nature, whether or not malice is intended; to disturb, excavate, remove, displace, mar or harm any archaeological artifacts found within a cave or cavern including petroglyphs, projectile points, human remains, rock or wood carvings or otherwise, pottery, basketry or any handwoven articles of any nature, or any pieces, fragments or parts of any of the such articles; or to break, force, tamper with, remove or otherwise disturb a lock, gate, door or other structure or obstruction designed to prevent entrance to a cave or cavern, without the permission of the owner thereof, whether or not entrance is gained. For purposes of this section, "cave" means any natural geologically formed void or cavity beneath the surface of the earth, not including any mine, tunnel, aqueduct or other manmade excavation, which is large enough to permit a person to enter. History: Laws 1981, ch. 236, § 1.
NM Stat § 30-15-6 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 15 - Property Damage|Section 30-15-6 - Penalty.

Anyone violating the provisions of Section 1 [30-15-5 NMSA 1978] of this act shall be guilty of a misdemeanor. History: Laws 1981, ch. 236, § 2.