reglab/statecodes huggingface dataset:
2023 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.
ANNOTATIONS
Effective dates.
— Laws 1997, ch. 44, § 2 made the act effective on July 1, 1997.
2023 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.
2023 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.
2023 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.
ANNOTATIONS
Am. 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Law reviews.
— For article, "The Confusing Law of Criminal Intent in New Mexico," see 5 N.M.L. Rev. 63 (1974).
2023 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.
ANNOTATIONS
Effective 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
Conviction 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.
2023 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.
2023 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 27 - Malicious Prosecution, etc. › Section 30-27-2 - Repealed.

ANNOTATIONS
Repeals.
— 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.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 27 - Malicious Prosecution, etc. › Section 30-27-2.1 - Impersonating a peace officer.

A. Impersonating a peace officer consists of:
(1) without due authority exercising or attempting to exercise the functions of a peace officer; or
(2) pretending to be a peace officer with the intent to deceive another person.
B. Whoever commits impersonating a peace officer is guilty of a misdemeanor. Upon a second or subsequent conviction, the offender is guilty of a fourth degree felony.
C. As used in this section, "peace officer" means any public official or public officer vested by law with a duty to maintain public order or to make arrests for crime, whether that duty extends to all crimes or is limited to specific crimes.
History:
Laws 1999, ch. 120, § 1.
ANNOTATIONS
Cross references.
— For unauthorized wearing of state police uniform or badge or unauthorized marking of car,
see
29-2-14 NMSA 1978.
Effective dates.
— Laws 1999, ch. 120, § 3, makes the act effective on July 1, 1999.
Public officials of other states and the federal government.
— Section 30-27-2.1 NMSA 1978 is not limited to only those persons impersonating public officials of the state of New Mexico, but includes impersonating public officials of other states and the federal government.
State v. Ramos-Arenas
, 2012-NMCA-117, 290 P.3d 733, cert. denied, 2012-NMCERT-010.
Impersonating a border patrol agent.
— Where defendant impersonated a border patrol agent, defendant impersonated a peace officer in violation of Section 30-27-2.1 NMSA 1978.
State v. Ramos-Arenas
, 2012-NMCA-117, 290 P.3d 733, cert. denied, 2012-NMCERT-010.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 32 Am. Jur. 2d False Personation § 1 et seq.
Intent as affecting false personation, 97 A.L.R. 1510.
Criminal liability for false personation during stop for traffic infraction, 26 A.L.R.5th 378.
35 C.J.S. False Personation § 3.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 27 - Malicious Prosecution, etc. › Section 30-27-3 - Barratry.

Barratry consists of:
A. intentionally instigating, maintaining, exciting, prosecuting or encouraging the bringing of any suit in any court of this state in which such person has no interest, with the intent to distress or harass the defendant;
B. intentionally bringing or prosecuting any false suit by a person on his own account, with intent to distress or harass the defendant therein;
C. any attorney-at-law seeking or obtaining employment in any suit or case to prosecute or defend the same by means of personal solicitation of such employment or, procuring another to solicit employment for him; or
D. any attorney-at-law seeking or obtaining employment in any suit, by giving to the person from whom the employment is sought anything of value or directly or indirectly paying the debts or liabilities of the person from whom such employment is sought or loaning or promising to give or otherwise grant anything of value to the person from whom such employment is sought before such employment in order to induce such employment.
Whoever commits barratry is guilty of a misdemeanor.
History:
1953 Comp., § 40A-27-3, enacted by Laws 1963, ch. 303, § 27-3.
ANNOTATIONS
Cross references.
— For rule relating to attorney conflict of interest,
see
Rule 16-108 NMRA.
For requirement that attorney's claims and contentions be meritorious,
see
Rule 16-301 NMRA.
For rule relating to attorney advertising,
see
Rule 16-702 NMRA.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 14 Am. Jur. 2d Champerty and Maintenance § 20.
Purchase of cause of action by attorney as champertous, 4 A.L.R. 173.
Quantum meruit or implied contract, right of attorney to recover upon, for services rendered under champertous contract, 85 A.L.R. 1365.
Validity of agreement between attorney and layman to divide attorney's fees or compensation for business of third person, 86 A.L.R. 195.
Solicitation, right of attorney to recover for services performed under contract procured by, 86 A.L.R. 517.
Government or agencies of government, law as to champerty or maintenance as applied to agreement with respect to bringing and prosecution of claims against, 106 A.L.R. 1494.
Contract by one person to defend litigation that has been or may be instituted against another as champertous, 121 A.L.R. 847.
Assertion of defense of champerty in action by champertous assignee, 22 A.L.R.2d 1000.
Validity and propriety of arrangement by which attorney pays or advances expenses of client, 8 A.L.R.3d 1155.
Maintenance of lawyer reference system by organization having no legal interest in proceedings, 11 A.L.R.3d 1206.
7A C.J.S. Attorney and Client § 149; 14 C.J.S. Champerty and Maintenance §§ 25, 26.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 27 - Malicious Prosecution, etc. › Section 30-27-4 - Securing signature to petition by unlawful means.

Securing signature to petition by unlawful means consists of securing the signature of any person to any petition now or hereafter provided for by the laws of this state, by paying or promising to pay the signer anything of value, direct or indirect, or by securing such signature by force, threats or intimidation, or by forging or copying the names of any person to any such petition.
Whoever commits securing signature to petition by unlawful means is guilty of a misdemeanor.
History:
1953 Comp., § 40A-27-4, enacted by Laws 1963, ch. 303, § 27-4.
ANNOTATIONS
Cross references.
— For forgery,
see
30-16-10 NMSA 1978.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 27 - Malicious Prosecution, etc. › Section 30-27-5 - Simulating legal process.

A. Simulating legal process consists of knowingly issuing or delivering to a person a document that falsely simulates civil or criminal process. "Civil or criminal process" means a document or order, including but not limited to a summons, lien, complaint, warrant, injunction, writ, notice, pleading or subpoena.
B. Whoever commits simulating legal process is guilty of a misdemeanor.
History:
Laws 2005, ch. 327, § 1.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 327 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 29 - Glues › Section 30-29-1 - Glues; limiting the sales; requiring records; penalty.

A. No person shall sell glue to any person under eighteen years of age. A New Mexico driver's license shall be prima facie proof of age.
B. Wholesale distributors of glue shall make available to the health services division of the health and environment department [department of health] and to law enforcement agencies of the state, county and municipality during business hours their records of all sales to retailers of glue.
C. As used in this section, "glue" means what is commonly referred to as plastic or model airplane cement and includes any cement containing hexane, benzene, toluene, xylene, carbon tetrachloride, chloroform, ethylene dichloride, acetone, cyclohexanone, methyl ethyl ketone, methylisobutyl ketone, amyl acetate, butyl acetate, ethyl acetate, tricresyl phosphate, butyl alcohol, ethyl alcohol, isopropyl alcohol or methylcellosolve acetate.
D. Any person violating any provision of this section is guilty of a petty misdemeanor.
History:
1953 Comp., § 12-3-40, enacted by Laws 1968, ch. 23, § 1; 1977, ch. 253, § 24; 1979, ch. 82, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 1991, ch. 25, § 16 repealed former 9-7-4 NMSA 1978, relating to the health and environment department, and enacted a new 9-7-4 NMSA 1978, creating the department of health.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Penal offense of sniffing glue or similar volatile intoxicants, 32 A.L.R.3d 1438.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 29 - Glues › Section 30-29-2 - Glue; aerosol spray; abuse or possession for abuse; penalty.

A. No person shall intentionally smell, sniff or inhale the fumes or vapors from a glue, aerosol spray product or other chemical substance for the purpose of causing a condition of or inducing symptoms of intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, stupefaction or dulling of the senses, or for the purpose of in any manner changing, distorting or disturbing the audio, visual or mental processes.
B. No person shall intentionally possess a glue, aerosol spray product or other chemical substance for any purpose set forth in Subsection A of this section.
C. As used in this section, "glue" means what is commonly referred to as plastic or model airplane cement and includes any cement containing hexane, benzene, toluene, xylene, carbon tetrachloride, chloroform, ethylene dichloride, acetone, cyclohexanone, methyl ethyl ketone, methylisobutyl ketone, amyl acetate, butyl acetate, ethyl acetate, tricresyl phosphate, butyl alcohol, ethyl alcohol, isopropyl alcohol or methylcellosolve acetate.
D. The provisions of this section do not apply to any aerosol spray product or other chemical substance used for legitimate medicinal purposes and obtained either on a prescription basis or for medicinal purposes by a person over the age of eighteen.
E. Any person who violates any provision of this section is guilty of a misdemeanor. The sentence or fine may be waived in the discretion of the court in the case of any person who has not been previously convicted of violating this section and who has successfully completed a drug education or treatment program approved by the court.
History:
Laws 1979, ch. 82, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Products liability: recovery for injury or death resulting from intentional inhalation of product's fumes or vapors to produce intoxicating or similar effect, 50 A.L.R.5th 275.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 31 - Controlled Substances › Section 30-31-4 - Nomenclature.

The controlled substances listed or to be listed in Schedules I through V are included by whatever official, common, usual, chemical or trade name designated.
History:
1953 Comp., § 54-11-4, enacted by Laws 1972, ch. 84, § 4.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 31 - Controlled Substances › Section 30-31-5 - Schedules; criteria.

There are established five schedules of controlled substances to be known as Schedules I, II, III, IV and V.
A. The board shall place a substance in Schedule I if it finds that the substance:
(1) has a high potential for abuse; and
(2) has no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision.
B. The board shall place a substance in Schedule II if it finds that:
(1) the substance has a high potential for abuse;
(2) the substance has a currently accepted medical use in treatment in the United States or currently accepted medical use with severe restrictions; and
(3) the abuse of the substance may lead to severe psychic or physical dependence.
C. The board shall place a substance in Schedule III if it finds that:
(1) the substance has a potential for abuse less than the substances listed in Schedules I and II;
(2) the substance has a currently accepted medical use in treatment in the United States; and
(3) abuse of the substance may lead to moderate or low physical dependence or high psychological dependence.
D. The board shall place a substance in Schedule IV if it finds that:
(1) the substance has a low potential for abuse relative to the substances in Schedule III;
(2) the substance has a currently accepted medical use in treatment in the United States; and
(3) abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substance in Schedule III.
E. The board shall place a substance in Schedule V if it finds that:
(1) the substance has a currently accepted medical use in treatment in the United States; and
(2) abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances in Schedule IV.
History:
1953 Comp., § 54-11-5, enacted by Laws 1972, ch. 84, § 5.
ANNOTATIONS
Board's scheduling of drugs not unconstitutional delegation of authority.
— To allow the board of pharmacy to schedule drugs, resulting in the attachment of differing criminal penalties for the possession of scheduled drugs, is not an unconstitutional delegation of authority under N.M. Const., art. III, § 1.
Montoya v. O'Toole
, 1980-NMSC-045, 94 N.M. 303, 610 P.2d 190.
Cocaine may be classified as narcotic.
— The legislature can rationally classify cocaine, a nonnarcotic central nervous system stimulant, as a narcotic for penalty and regulatory purposes because of the similarity between cocaine and narcotic drugs in terms of cocaine's potential for societal harm.
Chouinard v. State
, 1980-NMCA-168, 96 N.M. 783, 635 P.2d 986,
rev'd on other grounds
, 1981-NMSC-096, 96 N.M. 658, 634 P.2d 680, cert. denied, 456 U.S. 930, 102 S. Ct. 1980, 72 L. Ed. 2d 447 (1982).
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 31 - Controlled Substances › Section 30-31-9 - Schedule IV.

The following controlled substances are included in Schedule IV:
A. any material, compound, mixture or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:
(1) barbital;
(2) chloral betaine;
(3) chloral hydrate;
(4) ethchlorvynol;
(5) ethinamate;
(6) methohexital;
(7) meprobamate;
(8) methylphenobarbital;
(9) paraldehyde;
(10) petrichloral; or
(11) phenobarbital;
B. controlled substances added to Schedule IV by rule adopted by the board pursuant to Section 30-31-3 NMSA 1978; and
C. the board may exempt by regulation any compound, mixture or preparation containing any depressant substance listed in Subsection A of this section from the application of all or any part of the Controlled Substances Act if the compound, mixture or preparation contains any active medicinal ingredients not having a depressant effect on the central nervous system and if the admixtures are included in combinations, quantity, proportion or concentration that vitiate the potential for abuse of the substances which have a depressant effect on the central nervous system.
History:
1953 Comp., § 54-11-9, enacted by Laws 1972, ch. 84, § 9; 2005, ch. 280, § 5.
ANNOTATIONS
Compiler's notes.
— For conditions under which the board may exempt certain compounds, mixtures or preparations enumerated in this section from the application of the Controlled Substances Act,
see
30-31-10 NMSA 1978.
The 2005 amendment,
effective June 17, 2005, added Subsection E to provide that the board may by rule add controlled substances to Schedule IV.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 31 - Controlled Substances › Section 30-31-12 - Registration requirements.

A. A person who manufactures, distributes or dispenses a controlled substance or who proposes to engage in the manufacture, distribution or dispensing of a controlled substance shall obtain a registration issued by the board in accordance with its regulations.
B. Persons registered by the board to manufacture, distribute, dispense or conduct research with controlled substances may possess, manufacture, distribute, dispense, prescribe or conduct research with those substances to the extent authorized by their registration and in conformity with the other provisions of the Controlled Substances Act.
C. The following persons need not register and may lawfully possess controlled substances:
(1) an agent of a registered manufacturer, distributor or dispenser of a controlled substance if the agent is acting in the usual course of the agent's principal's business or employment;
(2) a common or contract carrier or warehouseman, or an employee whose possession of a controlled substance is in the usual course of the common or contract carrier or warehouseman's business; or
(3) an ultimate user.
D. The board may waive by regulation the requirement for registration of certain manufacturers, distributors or dispensers if it is consistent with the public health and safety.
E. The board may inspect the establishment of a registrant or applicant for registration in accordance with the board's regulations.
History:
1953 Comp., § 54-11-12, enacted by Laws 1972, ch. 84, § 12; 1975, ch. 346, § 1; 2002, ch. 55, § 1; 2009, ch. 72, § 1.
ANNOTATIONS
The 2009 amendment,
effective July 1, 2009, in Subsection A, after "shall obtain", deleted "annually".
The 2002 amendment,
effective May 15, 2002, in Subsection A, deleted the former second to fourth sentences, which related to the annual registration of practitioners by their respective examining and licensing authorities rather than directly by the board of pharmacy.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 25 Am. Jur. 2d Drugs, Narcotics and Poisons §§ 69, 72, 75, 76.
28 C.J.S. Drugs and Narcotics § 29 et seq.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 31 - Controlled Substances › Section 30-31-13 - Registrations.

A. The board shall register an applicant to manufacture or distribute controlled substances unless it determines that the issuance of that registration would be inconsistent with the public interest. In determining the public interest, the board shall consider the following factors:
(1) maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific or industrial channels;
(2) compliance with applicable state and local law;
(3) any convictions of the applicant under any federal or state laws relating to any controlled substance;
(4) past experience in the manufacture or distribution of controlled substances, and the existence in the applicant's establishment of effective controls against diversion;
(5) furnishing by the applicant of false or fraudulent material in any application filed under the Controlled Substances Act;
(6) suspension or revocation of the applicant's federal registration to manufacture, distribute or dispense controlled substances as authorized by federal law; and
(7) any other factors relevant to and consistent with the public health and safety.
B. Registration under this section does not entitle a registrant to manufacture and distribute controlled substances in Schedules I or II other than those allowed in the registration.
C. Compliance by manufacturers and distributors with the provisions of the federal Comprehensive Drug Abuse Prevention and Control Act of 1970 respecting registration, excluding state registration fees entitles them to be registered under the Controlled Substances Act.
D. Practitioners must be registered to dispense any controlled substances or to conduct research with controlled substances in Schedules II through V if they are authorized to dispense or conduct research under Section 39 [30-31-40 NMSA 1978] of the Controlled Substances Act. The board need not require separate registration under this act for practitioners engaging in research with nonnarcotic controlled substances in Schedules II through V where the registrant is already registered under the Controlled Substances Act in another capacity. Practitioners or scientific investigators registered under the federal Comprehensive Drug Abuse Prevention and Control Act of 1970 to conduct research with Schedule I substances may conduct research with Schedule I substances within this state upon furnishing the board evidence of that federal registration.
History:
1953 Comp., § 54-11-13, enacted by Laws 1972, ch. 84, § 13.
ANNOTATIONS
Cross references.
— For the Comprehensive Drug Abuse Prevention and Control Act of 1970,
see
21 U.S.C. § 801 et seq.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 25 Am. Jur. 2d Drugs, Narcotics and Poisons § 69.
28 C.J.S. Drugs and Narcotics § 31 et seq.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 31 - Controlled Substances › Section 30-31-14 - Revocation and suspension of registration.

A. A registration under Section 30-31-13 NMSA 1978 to manufacture, distribute or dispense a controlled substance may be suspended or revoked upon a finding that the registrant:
(1) has furnished false or fraudulent material information in any application filed with the board;
(2) has been convicted of a felony under any state or federal law relating to a controlled substance;
(3) has had his federal registration suspended or revoked to manufacture, distribute or dispense controlled substances; or
(4) has had his practitioner's license suspended or revoked by his professional licensing board.
B. A hearing to revoke or suspend a registration of a practitioner shall be held before a special hearing panel consisting of the board and two additional persons designated to sit on the hearing panel by the practitioner's own examining and licensing authority.
C. The special hearing panel may limit revocation or suspension of a registration to the particular controlled substance with respect to which grounds for revocation or suspension exist.
D. If the special hearing panel suspends or revokes a registration, all controlled substances owned or possessed by the registrant at the time of suspension or the effective date of the revocation order may be placed under seal. No disposition may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court.
E. Upon a revocation order becoming final, the board may apply to the court for an order to sell all controlled substances under seal. The court shall order the sale of such controlled substances under such terms and conditions that the court deems appropriate.
F. The board shall promptly notify the bureau of all orders suspending or revoking registration and all sales of controlled substances.
History:
1953 Comp., § 54-11-14, enacted by Laws 1972, ch. 84, § 14; 1975, ch. 346, § 2.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 25 Am. Jur. 2d Drugs, Narcotics and Poisons § 76.
Revocation or suspension of license or permit to practice pharmacy or operate drugstore because of improper sale or distribution of narcotic or dangerous drugs, 17 A.L.R.3d 1408.
28 C.J.S. Drugs and Narcotics § 42.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 31 - Controlled Substances › Section 30-31-15 - Order to show cause.

A. Before denying, suspending or revoking a registration or refusing a renewal of registration, the board shall serve upon the applicant or registrant an order to show cause why registration should not be denied, revoked or suspended or why the renewal should not be refused. The order to show cause shall contain a statement of the basis of the order and shall require the applicant or registrant to appear before the board not less than thirty days after the date of service of the order, but in the case of a denial of renewal of registration the order shall be served not later than thirty days before the expiration of the registration unless the proceedings relate to suspension or revocation of a registration. These proceedings shall be conducted in accordance with the Uniform Licensing Act [61-1-1 NMSA 1978] without regard to any criminal prosecution or other proceeding. Proceedings to suspend or revoke a registration or to refuse renewal of registration shall not abate the existing registration which shall remain in effect pending the outcome of the proceeding.
B. The board may suspend, without an order to show cause, any registrant simultaneously with the institution of proceedings under Section 14 [30-31-14 NMSA 1978] or where renewal of registration is refused if it finds that there is such a substantial and imminent danger to the public health or safety which warrants this action. The suspension shall continue in effect until the conclusion of the proceedings, including judicial review, unless sooner withdrawn by the board or dissolved by a court of competent jurisdiction.
History:
1953 Comp., § 54-11-15, enacted by Laws 1972, ch. 84, § 15.