reglab/housing_qa huggingface dataset:
NM Stat § 30-22-13 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 22 - Interference with Law Enforcement|Section 30-22-13 - Furnishing drugs or liquor to a prisoner.

Furnishing drugs or liquor to a prisoner consists of directly or indirectly furnishing any narcotic drug or intoxicating liquor to any person held in lawful custody or confinement, unless such narcotic drug or intoxicating liquor is furnished pursuant to the direction or prescription of a regularly licensed physician attending such person or penal facility. Whoever commits furnishings [furnishing] drugs or liquor to a prisoner is guilty of a fourth degree felony. History: 1953 Comp., § 40A-22-13, enacted by Laws 1963, ch. 303, § 22-13. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Am. Jur. 2d, A.L.R. and C.J.S. references. — Nature and elements of offense of conveying contraband to state prisoner, 64 A.L.R.4th 902. Validity, construction, and application of state statue criminalizing possession of contraband by individual in penal or correctional institution, 45 A.L.R.5th 767. 72 C.J.S. Prisons § 75.
NM Stat § 30-22-14.1 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 22 - Interference with Law Enforcement|Section 30-22-14.1 - Bringing contraband into a juvenile detention facility or juvenile correctional facility; penalty.

A. Bringing contraband into a juvenile detention facility or juvenile correctional facility consists of carrying, transporting or depositing contraband onto the grounds of any facility designated by the children, youth and families department for the detention or commitment of children. Whoever commits bringing contraband into a juvenile correctional facility is guilty of a third degree felony. Whoever commits bringing contraband into a juvenile detention facility is guilty of a fourth degree felony. B. As used in this section, "contraband" means: (1) any deadly weapon, as defined in Section 30-1-12 NMSA 1978, or an essential component part thereof, including ammunition, explosive devices and explosive materials, but does not include a weapon carried by a peace officer in the lawful discharge of his duties; (2) currency brought onto the grounds of a juvenile detention facility or juvenile correctional facility and not declared upon entry to the facility for the purpose of transfer to a child detained in or committed to the facility, but does not include currency carried into areas designated by the facility administrator as areas for the deposit and receipt of currency for credit to a child's account before contact is made with any child; (3) any alcoholic beverage brought within the physical confines of the juvenile detention or juvenile correctional facility; or (4) any controlled substance, as defined in the Controlled Substances Act [Chapter 30, Article 31 NMSA 1978], but does not include a controlled substance carried into a juvenile detention facility or juvenile correctional facility through regular facility channels and pursuant to the direction or prescription of a regularly licensed physician. History: Laws 1997, ch. 44, § 1. ANNOTATIONSEffective dates. — Laws 1997, ch. 44, § 2 made the act effective on July 1, 1997.
NM Stat § 30-22-15 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 22 - Interference with Law Enforcement|Section 30-22-15 - Maintaining male and female prisoners together.

Maintaining male and female prisoners together consists of any sheriff, jailer or guard, keeping male and female prisoners in the same cell or room, unless such prisoners are man and wife. Whoever commits maintaining male and female prisoners together is guilty of a misdemeanor. History: 1953 Comp., § 40A-22-14, enacted by Laws 1963, ch. 303, § 22-14.
NM Stat § 30-22-18 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 22 - Interference with Law Enforcement|Section 30-22-18 - Encouraging violation of probation, parole or bail.

Encouraging violation of probation, parole or bail consists of intentionally aiding or encouraging a person known by him to be on parole, probation or bail to abscond or to violate a term or condition of his probation, parole or bail. Whoever commits encouraging violation of probation, parole or bail is guilty of a misdemeanor. History: 1953 Comp., § 40A-22-17, enacted by Laws 1963, ch. 303, § 22-17.
NM Stat § 30-22-20 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 22 - Interference with Law Enforcement|Section 30-22-20 - Unlawful distribution of convict-made goods.

Unlawful distribution of convict-made goods consists of any person knowingly distributing, exchanging, selling or offering for sale any goods, wares or merchandise manufactured, produced or mined, either wholly or in part, by prisoners held in lawful custody or confinement of any other state or country. Nothing in this section shall be construed to forbid the sale or distribution of goods, wares or merchandise: A. made by prisoners of this state; B. made by prisoners on parole or probation; or C. which are sold or exchanged to a qualified purchaser and where such goods are to be initially used or possessed solely by a qualified purchaser. As used in this subsection, "qualified purchaser" means a state agency, local public bodies, agencies of the federal government, tribal and pueblo governments, nonprofit organizations properly registered under state law and supported wholly or in part by funds derived from public taxation and persons, partnerships, corporations or associations which provide public school transportation services to a state agency or local public body pursuant to contract. Whoever commits unlawful distribution of convict-made goods is guilty of a misdemeanor. History: 1953 Comp., § 40A-22-19, enacted by Laws 1963, ch. 303, § 22-19; 1982, ch. 35, § 1. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 60 Am. Jur. 2d Penal and Correctional Institutions §§ 171, 172. 18 C.J.S. Convicts § 20.
NM Stat § 30-22-21 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 22 - Interference with Law Enforcement|Section 30-22-21 - Assault upon peace officer.

A. Assault upon a peace officer consists of: (1) an attempt to commit a battery upon the person of a peace officer while he is in the lawful discharge of his duties; or (2) any unlawful act, threat or menacing conduct which causes a peace officer while he is in the lawful discharge of his duties to reasonably believe that he is in danger of receiving an immediate battery. B. Whoever commits assault upon a peace officer is guilty of a misdemeanor. History: 1953 Comp., § 40A-22-20, enacted by Laws 1971, ch. 265, § 1. ANNOTATIONSCross references. — For assaults and batteries, see 30-3-1 to 30-3-5 NMSA 1978. For petty misdemeanor of resisting or obstructing an officer, see 30-22-1 NMSA 1978. For third-degree felony of assault by prisoner, see 30-22-17 NMSA 1978. Sufficient evidence. — Where defendant approached a police officer with clenched fists, shouting and threatening to punch the officer, and defendant had chest-butted another officer, the evidence was sufficient to support defendant's conviction for assault upon a police officer. State v. Ford, 2007-NMCA-052, 141 N.M. 512, 157 P.3d 77, cert. denied, 2007-NMCERT-004, 141 N.M. 568, 158 P.3d 458. Fact that defendant's gunfire hit police officers does not show an absence of evidence of assault, where there is evidence of an assault under Subsection A(2) of Section 30-22-21 NMSA 1978. State v. Brown, 1979-NMCA-038, 93 N.M. 236, 599 P.2d 389, cert. quashed, 93 N.M. 172, 598 P.2d 215, and cert. denied, 444 U.S. 1084, 100 S. Ct. 1041, 62 L. Ed. 2d 769 (1980). Am. Jur. 2d, A.L.R. and C.J.S. references. — Extent of injuries: admissibility, in prosecution for assault or similar offense involving physical violence, of extent or effect of victim's injuries, 87 A.L.R.2d 926. 6A C.J.S. Assault and Battery § 81.
NM Stat § 30-22-26 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 22 - Interference with Law Enforcement|Section 30-22-26 - Assisting in assault upon peace officer.

A. Every person who assists or is assisted by one or more other persons to commit a battery upon any peace officer while he is in the lawful discharge of his duties is guilty of a fourth degree felony. B. This section is designed to protect officers from assaults and batteries by multiple assailants while quelling riots and other unlawful assemblages. History: 1953 Comp., § 40A-22-25, enacted by Laws 1971, ch. 265, § 6. ANNOTATIONSLaw reviews. — For article, "The Confusing Law of Criminal Intent in New Mexico," see 5 N.M.L. Rev. 63 (1974).
NM Stat § 30-22-27 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 22 - Interference with Law Enforcement|Section 30-22-27 - Disarming a peace officer.

A. Disarming a peace officer consists of knowingly: (1) removing a firearm or weapon from the person of a peace officer when the officer is acting within the scope of his duties; or (2) depriving a peace officer of the use of a firearm or weapon when the officer is acting within the scope of his duties. B. The provisions of Subsection A of this act shall not apply when a peace officer is engaged in criminal conduct. C. Whoever commits disarming a peace officer is guilty of a third degree felony. History: Laws 1997, ch. 122, § 1. ANNOTATIONSEffective dates. — Laws 1997, ch. 122, § 2 makes the act effective July 1, 1997. "Use of a firearm" defined. — The plain language of the statute penalizes a defendant for depriving an officer of the use of a firearm at any point during the officer's acting within the scope of his duties, rather than limiting its applicability to a deprivation that occurs only when the officer is attempting or intends an immediate use of the firearm. State v. Ortiz, 2017-NMCA-006, cert. denied. Sufficient evidence of attempt to disarm a peace officer. — Where a law enforcement officer, in response to a report of a male subject acting suspiciously, detained and transported defendant to the police department due to his bizarre behavior, and where defendant began hitting his head against the wall and door of the holding cell requiring medical attention, and while being transported to the hospital, defendant grabbed the officer's shotgun from the front seat of the patrol vehicle with both hands, despite being handcuffed, and tried to pull the weapon from the front seat to the back seat of the patrol car, the evidence produced at trial was sufficient for the district court to conclude that defendant intentionally grabbed the shotgun intending to pull it through the partition between the front and back seat of the patrol vehicle, and that doing so would deprive the officer, who was acting within the scope of his duties, of its use. State v. Ortiz, 2017-NMCA-006, cert. denied.
NM Stat § 30-23-1 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 23 - Misconduct by Officials|Section 30-23-1 - Demanding illegal fees.

Demanding illegal fees consists of any public officer or public employee knowingly asking or accepting anything of value greater than that fixed or allowed by law for the execution or performance of any service or duty. Whoever commits demanding illegal fees is guilty of a petty misdemeanor. History: 1953 Comp., § 40A-23-1, enacted by Laws 1963, ch. 303, § 23-1. ANNOTATIONSCross references. — For section making knowingly demanding or receiving illegal fees one of the grounds for discharge of local officer, see 10-4-2 NMSA 1978. Not lesser included offense of Section 30-23-2 NMSA 1978. — The offense of demanding illegal fees, as contained in this section, is not a lesser included offense of paying or receiving public money for services not rendered under Section 30-23-2 NMSA 1978. State v. Casteneda, 1982-NMCA-046, 97 N.M. 670, 642 P.2d 1129. Municipal court fees. — Absent statutory authority, a municipality may not charge filing fees or other cost for cases filed in its municipal courts. 1968 Op. Att'y Gen. No. 68-65. Unauthorized inspection fees. — For the cattle sanitary board (now the livestock board) to charge slaughterhouses any inspection fees which are not authorized expressly by statute might put the board in possible criminal jeopardy in view of this section. 1966 Op. Att'y Gen. No. 66-128. Dual salaries. — An individual employed as a full-time district court reporter and as a deputy court clerk over the same period of time may not receive salaries for both jobs. 1964 Op. Att'y Gen. No. 64-152. Law reviews. — For annual survey of New Mexico law relating to criminal law, see 12 N.M.L. Rev. 229 (1982). Am. Jur. 2d, A.L.R. and C.J.S. references. — 63A Am. Jur. 2d Public Officers and Employees §§ 407, 410. 67 C.J.S. Officers §§ 255 to 263.
NM Stat § 30-23-4 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 23 - Misconduct by Officials|Section 30-23-4 - Injunction to restrain unlawful payment of public funds.

Any citizen of this state may file suit in the district court to restrain the payment or receipt of public money in violation of Sections 23-2 and 23-3 [30-23-2 and 30-23-3 NMSA 1978]. Jurisdiction to entertain and adjudicate such suits is conferred upon the district courts, and such suits shall be subject to the same rules, statutes and law with respect to procedure, venue and appeals as ordinary civil actions for injunctive relief. History: 1953 Comp., § 40A-23-4, enacted by Laws 1963, ch. 303, § 23-4. ANNOTATIONSCross references. — For civil actions for injunctive relief, see Rules 1-065 and 1-066 NMRA. Citizen's authority restricted. — The authority granted private citizens by former law was restricted to the bringing of actions to restrain the payment or receipt of public funds. Hatch v. Keehan, 1956-NMSC-019, 61 N.M. 1, 293 P.2d 314. Recovery of funds not authorized. — A private citizen was not authorized by former law to bring an action for the recovery or restoration of public funds. Hatch v. Keehan, 1956-NMSC-019, 61 N.M. 1, 293 P.2d 314.
NM Stat § 30-23-5 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 23 - Misconduct by Officials|Section 30-23-5 - Unlawful speculation in claims against state.

Unlawful speculation in claims against state consists of any public officer or public employee directly or indirectly buying, selling, bartering, dealing in or speculating in or with any certificate, warrant or other evidence of indebtedness issued by the state, a municipality or other political subdivision, unless such certificate, warrant or other evidence of indebtedness shall have been lawfully issued to such person in payment of his salary or in consideration for services rendered by such person for supplies furnished by him. Whoever commits unlawful speculation in claims against state is guilty of a misdemeanor. History: 1953 Comp., § 40A-23-5, enacted by Laws 1963, ch. 303, § 23-5.
NM Stat § 30-23-6 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 23 - Misconduct by Officials|Section 30-23-6 - Unlawful interest in a public contract.

Unlawful interest in a public contract consists of: A. any public officer or public employee receiving anything of value, directly or indirectly, from either a seller or a seller's agents, or a purchaser or a purchaser's agents in connection with the sale or purchase of securities, goods, leases, lands or anything of value by the state or any of its political subdivisions, unless: (1) prior written consent of the head of the department of the state or political subdivision involved in the transaction is obtained and filed as a matter of public record in the office of secretary of state; and (2) subsequent to the transaction a statement is filed as a matter of public record in the office of secretary of state by the purchaser or seller giving anything of value to a public officer or public employee and this statement contains the date the services were rendered, the amount of remuneration for the rendered services and the nature of the rendered services; B. any seller, or his agents, or a purchaser, or his agents, offering to pay or paying anything of value directly or indirectly to a public officer or public employee in connection with the sale or purchase of securities or goods by the state or any of its political subdivisions unless the requirements of Paragraphs (1) and (2) of Subsection A of this section ar [are] complied with. Any person violating the provisions of Subsection B of this section, where such violations forms the basis for prosecution and conviction of a public officer or public employee, shall be disqualified from transacting any business with the state or its political subdivisions for a period of five years from the date of such violation. Nothing in this section shall prohibit a public officer or public employee from receiving his regular remuneration for services rendered to the state or its political subdivisions in connection with the aforementioned transactions. Whoever commits unlawful interest in public contracts where the value received by him is fifty dollars ($50.00) or less is guilty of a misdemeanor. Whoever commits unlawful interest in public contracts where the value received by him is more than fifty dollars ($50.00) is guilty of a fourth degree felony. Any public officer or public employee convicted of a felony hereunder is forever disqualified from employment by the state or any of its political subdivisions. History: 1953 Comp., § 40A-23-6, enacted by Laws 1963, ch. 303, § 23-6. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Am. Jur. 2d, A.L.R. and C.J.S. references. — 63A Am. Jur. 2d Public Officers and Employees § 411.
NM Stat § 30-23-7 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 23 - Misconduct by Officials|Section 30-23-7 - Civil damages for engaging in illegal acts.

In addition to any criminal penalties imposed by Section 23-6 [30-23-6 NMSA 1978], a public officer or public employee convicted of violating such section shall be liable for anything of value received by him to the department of the state or political subdivision in whose employ or service he was at the time of such violation of that section. Action for recovery of amounts under this section shall be brought in the district court of the county in which any element of the crime occurred. The actions shall be brought in the name of the state for the benefit and use of the department of the state or political subdivision in whose employ or service the public officer or public employee was at the time of the commission of the crime. History: 1953 Comp., § 40A-23-7, enacted by Laws 1963, ch. 303, § 23-7. ANNOTATIONSConviction required. — A judgment of conviction is the condition precedent to the maintenance by the state of an action for restitution. 1964 Op. Att'y Gen. No. 64-152. Upon conviction under Sections 30-23-2 or 30-23-3 recovery could be had hereunder. 1964 Op. Att'y Gen. No. 64-152.
NM Stat § 30-24-3.1 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 24 - Bribery|Section 30-24-3.1 - Acceptance of a bribe by a witness.

A. No person who is a witness or is likely to become a witness shall receive, agree to receive or solicit any bribe or anything of value to: (1) testify falsely or to abstain from testifying to any fact in any cause in any judicial, administrative, legislative or other proceeding; or (2) abstain from truthfully reporting to a law enforcement officer or any agency of government that is responsible for enforcing criminal laws information relating to the commission or possible commission of a felony offense or a violation of conditions of probation, parole or release pending judicial proceedings. B. Whoever receives, agrees to receive or solicits a bribe is guilty of a fourth degree felony. History: Laws 1991, ch. 84, § 2.
NM Stat § 30-25-2 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 25 - Perjury and False Affirmations|Section 30-25-2 - Refusal to take oath or affirmation.

Refusal to take oath or affirmation consists of the refusal of any person, when legally called upon to give testimony before any court, administrative proceeding, legislative proceeding or other authority in this state, authorized to administer oaths or affirmations, to take such oath or affirmation. Whoever commits refusal to take oath or affirmation is guilty of a petty misdemeanor. History: 1953 Comp., § 40A-25-2, enacted by Laws 1963, ch. 303, § 25-2.
NM Stat § 30-26-1 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 26 - Interference with Public Records|Section 30-26-1 - Tampering with public records.

Tampering with public records consists of: A. knowingly altering any public record without lawful authority; B. any public officer or public employee knowingly filing or recording any written instrument, judicial order, judgment or decree in a form other than as the original thereof in fact appeared; C. any public officer or public employee knowingly falsifying or falsely making any record or file, authorized or required by law to be kept; D. any public officer or public employee knowingly issuing or causing to be issued, any false or untrue certified copy of a public record; or E. knowingly destroying, concealing, mutilating or removing without lawful authority any public record or public document belonging to or received or kept by any public authority for information, record or pursuant to law. Whoever commits tampering with public records is guilty of a fourth degree felony. History: 1953 Comp., § 40A-26-1, enacted by Laws 1963, ch. 303, § 26-1. ANNOTATIONSCross references. — For altering, changing or making away with bill pending in or passed by the legislature, see N.M. Const., art. IV, § 21. Medicaid documents. — Evidence that Medicaid cards sold by defendant to undercover agents were public documents was sufficient for conviction under this section. State v. Dartez, 1998-NMCA-009, 124 N.M. 455, 952 P.2d 450, cert. denied, 124 N.M. 311, 950 P.2d 284. Falsifying record. — Public officer or employee who knowingly and willfully made as a matter of public record in his office any false or untrue statement of fact, or so caused or permitted the same to be made or entered, or otherwise falsified or made falsely any public record of his office, violated Laws 1939, ch. 8, § 1 (former 40-36-1, 1953 Comp.) and incurred its penalties. State v. Gallegos, 1944-NMSC-009, 48 N.M. 72, 145 P.2d 999 (decided under prior law). Am. Jur. 2d, A.L.R. and C.J.S. references. — 66 Am. Jur. 2d Records and Recording Laws §§ 10, 11. What constitutes a public record or document within statute making falsification, forgery, mutilation, removal, or other misuse thereof an offense, 75 A.L.R.4th 1067. 76 C.J.S. Records § 57 et seq.
NM Stat § 30-26-2 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 26 - Interference with Public Records|Section 30-26-2 - Refusal to surrender public record.

Refusal to surrender public record consists of any person wrongfully or unlawfully refusing or neglecting to deliver unto the proper authority, any record of either house of the legislature, of any court of this state or of any department of the state or local government which he has in his possession, within three days after demand therefor shall have been made by the proper officer. Whoever commits refusal to surrender public records is guilty of a misdemeanor. History: 1953 Comp., § 40A-26-2, enacted by Laws 1963, ch. 303, § 26-2. ANNOTATIONSCross references. — For altering, changing or making away with bill pending in or passed by the legislature, see N.M. Const., art. IV, § 21. For duty of public officers to deliver records to their successors, see 10-17-5 NMSA 1978.
NM Stat § 30-27-2 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 27 - Malicious Prosecution, etc.|Section 30-27-2 - Repealed.

ANNOTATIONSRepeals. — Laws 1999, ch. 120, § 2 repealed 30-27-2 NMSA 1978, as enacted by Laws 1963, ch. 303, § 27-2, relating to impersonation of a public officer, effective July 1, 1999. For provisions of former section, see the 1998 NMSA 1978 on NMOneSource.com. For present comparable provisions, see 30-27-2.1 NMSA 1978.