reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-27 - Failure to obey order or regulation.

Any person subject to Chapter 20 NMSA 1978 who:
A. violates or fails to obey any lawful general order or regulation;
B. having knowledge of any other lawful order issued by a member of the armed forces, which it is his duty to obey, fails to obey the order; or
C. is derelict in the performance of his duties;
shall be punished as a court-martial may direct.
History:
1978 Comp., § 20-12-27, enacted by Laws 1989, ch. 337, § 26.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-28 - Cruelty and maltreatment.

Any person subject to Chapter 20 NMSA 1978 who is guilty of cruelty toward or oppression or maltreatment of any person subject to his orders shall be punished as a court-martial may direct.
History:
1978 Comp., § 20-12-28, enacted by Laws 1989, ch. 337, § 27.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-29 - Mutiny or sedition.

A. Any person subject to Chapter 20 NMSA 1978 who:
(1) with intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his duty or creates any violence or disturbance is guilty of mutiny;
(2) with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence or other disturbance against that authority is guilty of sedition; or
(3) fails to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence, or fails to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition which he knows or has reason to believe is taking place;
is guilty of a failure to suppress or report a mutiny or sedition.
B. A person who is found guilty of attempted mutiny, mutiny, sedition or failure to suppress or report a mutiny or sedition shall be punished by death or other punishment as a court-martial may direct.
History:
1978 Comp., § 20-12-29, enacted by Laws 1989, ch. 337, § 28.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-30 - Resistance, breach of arrest and escape.

Any person subject to Chapter 20 NMSA 1978 who resists apprehension or breaks arrest or who escapes from custody or confinement shall be punished as a court-martial may direct.
History:
1978 Comp., § 20-12-30, enacted by Laws 1989, ch. 337, § 29.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-31 - Releasing prisoner without proper authority.

Any person subject to Chapter 20 NMSA 1978 who, without proper authority, releases any prisoner committed to his charge or who through neglect or design suffers any such prisoner to escape shall be punished as a court-martial may direct, whether or not the prisoner was committed in strict compliance with law.
History:
1978 Comp., § 20-12-31, enacted by Laws 1989, ch. 337, § 30.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-32 - Unlawful detention.

Any person subject to Chapter 20 NMSA 1978 who, except as provided by law, apprehends, arrests or confines any person shall be punished as a court-martial may direct.
History:
1978 Comp., § 20-12-32, enacted by Laws 1989, ch. 337, § 31.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-33 - Noncompliance with procedural rules.

Any person subject to Chapter 20 NMSA 1978 who is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under that chapter or who knowingly and intentionally fails to enforce or comply with any provision of that chapter regulating the proceedings before, during or after trial of an accused shall be punished as a court-martial may direct.
History:
1978 Comp., § 20-12-33, enacted by Laws 1989, ch. 337, § 32.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-34 - Misbehavior before the enemy.

Any person subject to Chapter 20 NMSA 1978 who before or in the presence of the enemy:
A. runs away;
B. shamefully abandons, surrenders or delivers up any command, unit, place or military property which it is his duty to defend;
C. through disobedience, neglect or intentional misconduct endangers the safety of any such command, unit, place or military property;
D. casts away his arms or ammunition;
E. is guilty of cowardly conduct;
F. quits his place of duty to plunder or pillage;
G. causes false alarms in any command, unit or place under control of the armed forces;
H. willfully fails to do his utmost to encounter, engage, capture or destroy any enemy troops, combatants, vessels, aircraft or any other thing, which it is his duty so to encounter, engage, capture or destroy; or
I. does not afford all practicable relief and assistance to any troops, combatants, vessels or aircraft of the armed forces belonging to the United States or their allies when engaged in battle;
shall be punished by death or other punishment as a court-martial may direct.
History:
1978 Comp., § 20-12-34, enacted by Laws 1989, ch. 337, § 33.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-35 - Subordinate compelling surrender.

Any person subject to Chapter 20 NMSA 1978 who compels or attempts to compel the commander of any place, vessel, aircraft or other military property, or of any body of members of the armed forces, to give it up to an enemy or to abandon it, or who strikes the colors or flag to any enemy without proper authority, shall be punished by death or other punishment as a court-martial may direct.
History:
1978 Comp., § 20-12-35, enacted by Laws 1989, ch. 337, § 34.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-36 - Improper use of countersign.

Any person subject to Chapter 20 NMSA 1978 who in time of war discloses the parole or countersign to any person not entitled to receive it or who gives to another who is entitled to receive and use the parole or countersign a different parole or countersign from that which, to his knowledge, he was authorized and required to give shall be punished by death or other punishment as a court-martial may direct.
History:
1978 Comp., § 20-12-36, enacted by Laws 1989, ch. 337, § 35.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-37 - Forcing a safeguard.

Any person subject to Chapter 20 NMSA 1978 who forces a safeguard shall suffer death or other punishment as a court-martial may direct.
History:
1978 Comp., § 20-12-37, enacted by Laws 1989, ch. 337, § 36.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-38 - Captured or abandoned property.

A. All persons subject to Chapter 20 NMSA 1978 shall secure all public property taken from the enemy for the service of the United States and shall give notice and turn over to the proper authority without delay all captured or abandoned property in their possession, custody or control.
B. Any person subject to Chapter 20 NMSA 1978 who:
(1) fails to carry out the duties prescribed in Subsection A of this section;
(2) buys, sells, trades or in any way deals in or disposes of captured or abandoned property, whereby he receives or expects any profit, benefit or advantage to himself or another directly or indirectly connected with himself; or
(3) engages in looting or pillaging;
shall be punished as a court-martial may direct.
History:
1978 Comp., § 20-12-38, enacted by Laws 1989, ch. 337, § 37.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-39 - Aiding the enemy.

Any person who aids or attempts to aid the enemy with arms, ammunition, supplies, money or other things or without proper authority, who knowingly harbors or protects or gives intelligence to or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly, shall suffer death or other punishment as a court-martial or military commission may direct.
History:
1978 Comp., § 20-12-39, enacted by Laws 1989, ch. 337, § 38.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-40 - Misconduct as prisoner.

Any person subject to Chapter 20 NMSA 1978 who, while in the hands of the enemy in time of war, for the purpose of securing favorable treatment by his captors, acts without proper authority in a manner contrary to law, custom or regulation, to the detriment of others of whatever nationality held by the enemy as civilian or military prisoners or while in a position of authority over such persons, maltreats them without justifiable cause shall be punished as a court-martial may direct.
History:
1978 Comp., § 20-12-40, enacted by Laws 1989, ch. 337, § 39.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-41 - Spies.

Any person who in time of war is found lurking as a spy or acting as a spy in or about any place, vessel or aircraft, within the control or jurisdiction of any of the armed forces, or in or about any shipyard, any manufacturing or industrial plant or any other place or institution engaged in work in aid of the prosecution of the war by the United States, or elsewhere, shall be tried by a general court-martial or by a military commission and on conviction shall be punished by death.
History:
1978 Comp., § 20-12-41, enacted by Laws 1989, ch. 337, § 40.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-43 - False official statements.

Any person subject to Chapter 20 NMSA 1978 who, with intent to deceive, signs any false record, return, regulation, order or other official document, knowing it to be false, or makes any other false official statement knowing it to be false, shall be punished as a court-martial may direct.
History:
1978 Comp., § 20-12-43, enacted by Laws 1989, ch. 337, § 42.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-44 - Military property of the United States; loss, damage, destruction or wrongful disposition.

Any person subject to Chapter 20 NMSA 1978 who, without proper authority:
A. sells or otherwise disposes of;
B. willfully or through neglect damages, destroys or loses; or
C. willfully or through neglect suffers to be lost, damaged, sold or wrongfully disposed of;
any military property of the United States, shall be punished as a court-martial may direct.
History:
1978 Comp., § 20-12-44, enacted by Laws 1989, ch. 337, § 43.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-45 - Property other than military property of United States; waste, spoilage or destruction.

Any person subject to Chapter 20 NMSA 1978 who willfully or recklessly wastes, spoils or otherwise willfully and wrongfully destroys or damages any property other than military property of the United States shall be punished as a court-martial may direct.
History:
1978 Comp., § 20-12-45, enacted by Laws 1989, ch. 337, § 44.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-46 - Improper hazarding of vessel.

A. Any person subject to Chapter 20 NMSA 1978 who willfully and wrongfully hazards or suffers to be hazarded any vessel of the armed forces shall suffer death or punishment as a court-martial may direct.
B. Any person subject to Chapter 20 NMSA 1978 who negligently hazards or suffers to be hazarded any vessel of the armed forces shall be punished as a court-martial may direct.
History:
1978 Comp., § 20-12-46, enacted by Laws 1989, ch. 337, § 45.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-47 - Drunken or reckless driving.

Any person subject to Chapter 20 NMSA 1978 who operates any vehicle while drunk, or in a reckless or wanton manner, or while impaired by a substance described in Section 20-12-66 NMSA 1978 shall be punished as a court-martial may direct.
History:
1978 Comp., § 20-12-47, enacted by Laws 1989, ch. 337, § 46.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-48 - Drunk on duty.

Any person subject to Chapter 20 NMSA 1978 other than a sentinel or look-out who is found drunk on duty shall be punished as a court-martial may direct.
History:
1978 Comp., § 20-12-48, enacted by Laws 1989, ch. 337, § 47.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-49 - Murder.

Any person subject to Chapter 20 NMSA 1978 who, without justification or excuse, unlawfully kills a human being, when he:
A. has a premeditated design to kill;
B. intends to kill or inflict great bodily harm;
C. is engaged in an act which is inherently dangerous to others and evinces a wanton disregard of human life; or
D. is engaged in the perpetration or attempted perpetration of burglary, sodomy, rape, robbery or aggravated arson;
is guilty of murder, and shall suffer punishment as a court-martial may direct, except that if found guilty under Subsection A or D of this section, he shall suffer death or imprisonment for life as a court-martial may direct.
History:
1978 Comp., § 20-12-49, enacted by Laws 1989, ch. 337, § 48.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Validity and construction of "extreme indifference" murder statute, 7 A.L.R.5th 758.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-50 - Manslaughter.

A. Any person subject to Chapter 20 NMSA 1978 who, with an intent to kill or inflict great bodily harm, unlawfully kills a human being in the heat of sudden passion caused by adequate provocation is guilty of voluntary manslaughter and shall be punished as a court-martial may direct.
B. Any person subject to Chapter 20 NMSA 1978 who, without an intent to kill or inflict great bodily harm, unlawfully kills a human being:
(1) by culpable negligence; or
(2) while perpetrating or attempting to perpetrate an offense, other than those named in Subsection D of Section 20-12-49 NMSA 1978, directly affecting the person;
is guilty of involuntary manslaughter and shall be punished as a court-martial may direct.
History:
1978 Comp., § 20-12-50, enacted by Laws 1989, ch. 337, § 49.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-52 - Larceny and wrongful appropriation.

A. Any person subject to Chapter 20 NMSA 1978 who wrongfully takes, obtains or withholds, by any means, from the possession of the owner or of any other person any money, personal property or article of value of any kind:
(1) with intent permanently to deprive or defraud another person of the use and benefit of property or to appropriate it to his own use or the use of any person other than the owner, steals that property and is guilty of larceny; or
(2) with intent temporarily to deprive or defraud another person of the use and benefit of property or to appropriate it to his own use or the use of any person other than the owner;
is guilty of wrongful appropriation.
B. Any person found guilty of larceny or wrongful appropriation shall be punished as a court-martial may direct.
History:
1978 Comp., § 20-12-52, enacted by Laws 1989, ch. 337, § 51.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-53 - Robbery.

Any person subject to Chapter 20 NMSA 1978 who with intent to steal takes anything of value from the person or in the presence of another, against his will, by means of force or violence or fear of immediate or future injury to his person or property or to the person or property of a relative or member of his family or of anyone in his company at the time of the robbery is guilty of robbery and shall be punished as a court-martial may direct.
History:
1978 Comp., § 20-12-53, enacted by Laws 1989, ch. 337, § 52.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-54 - Forgery.

Any person subject to Chapter 20 NMSA 1978 who, with intent to defraud:
A. falsely makes or alters any signature, to, or any part of, any writing which would, if genuine, apparently impose a legal liability on another or change his legal right or liability to his prejudice; or
B. utters, offers, issues or transfers such a writing, known by him to be so made or altered;
is guilty of forgery and shall be punished as a court-martial may direct.
History:
1978 Comp., § 20-12-54, enacted by Laws 1989, ch. 337, § 53.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-55 - Making, drawing or uttering check, draft or order without sufficient funds.

Any person subject to Chapter 20 NMSA 1978 who:
A. for the procurement of any article or thing of value, with intent to defraud; or
B. for the payment of any past due obligation, or for any other purpose, with intent to deceive;
makes, draws, utters or delivers any check, draft or order for the payment of money upon any bank or other depository, knowing at the time that the maker or drawer has not or will not have sufficient funds in, or credit with, the bank or other depository for the payment of that check, draft or order in full upon its presentment, shall be punished as a court-martial may direct. The making, drawing, uttering or delivering by a maker or drawer of a check, draft or order, payment of which is refused by the drawee because of insufficient funds of the maker or drawer in the drawee's possession or control, is prima facie evidence of his intent to defraud or deceive and of his knowledge of insufficient funds in, or credit with, that bank or other depository, unless the maker or drawer pays the holder the amount due within five days after receiving notice, orally or in writing, that the check, draft or order was not paid on presentment. In this section, the word "credit" means an arrangement or understanding, express or implied, with the bank or other depository for the payment of that check, draft or order.
History:
1978 Comp., § 20-12-55, enacted by Laws 1989, ch. 337, § 54.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-56 - Maiming.

Any person subject to Chapter 20 NMSA 1978 who, with intent to injure, disfigure or disable, inflicts upon the person of another an injury which:
A. seriously disfigures his person by a mutilation thereof;
B. destroys or disables any member or organ of his body; or
C. seriously diminishes his physical vigor by the injury of any member or organ;
is guilty of maiming and shall be punished as a court-martial may direct.
History:
1978 Comp., § 20-12-56, enacted by Laws 1989, ch. 337, § 55.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-57 - Repealed.

History:
1978 Comp., § 20-12-57, enacted by Laws 1989, ch. 337, § 56; repealed by Laws 2021, ch. 55, § 12.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 55, § 12 repealed 20-12-57 NMSA 1978, as enacted by Laws 1989, ch. 337, § 56, relating to sodomy, effective June 18, 2021. For provisions of former section,
see
the 2020 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-58 - Arson.

A. Any person subject to Chapter 20 NMSA 1978 who willfully and maliciously burns or sets on fire an inhabited dwelling or any other structure, movable or immovable, wherein to the knowledge of the offender there is at the time a human being, is guilty of aggravated arson and shall be punished as a court-martial may direct.
B. Any person subject to Chapter 20 NMSA 1978 who willfully and maliciously burns or sets fire to the property of another, except as provided in Subsection A of this section, is guilty of simple arson and shall be punished as a court-martial may direct.
History:
1978 Comp., § 20-12-58, enacted by Laws 1989, ch. 337, § 57.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-59 - Assault.

A. Any person subject to Chapter 20 NMSA 1978 who attempts or offers with unlawful force or violence to do bodily harm to another person, whether or not the attempt or offer is consummated, is guilty of assault and shall be punished as a court-martial may direct.
B. Any person subject to Chapter 20 NMSA 1978 who:
(1) commits an assault with a dangerous weapon or other means or force likely to produce death or grievous bodily harm; or
(2) commits an assault and intentionally inflicts grievous bodily harm with or without a weapon;
is guilty of aggravated assault and shall be punished as a court-martial may direct.
History:
1978 Comp., § 20-12-59, enacted by Laws 1989, ch. 337, § 58.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-60 - Extortion.

Any person subject to Chapter 20 NMSA 1978 who communicates threats to another person with the intention thereby to obtain anything of value or any acquittance, advantage or immunity is guilty of extortion and shall be punished as a court-martial may direct.
History:
1978 Comp., § 20-12-60, enacted by Laws 1989, ch. 337, § 59.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-61 - Burglary.

Any person subject to Chapter 20 NMSA 1978 who, with intent to commit an offense punishable under Sections 20-12-49 through 20-12-60 NMSA 1978 breaks and enters, in the nighttime, the dwelling house of another, is guilty of burglary and shall be punished as a court-martial may direct.
History:
1978 Comp., § 20-12-61, enacted by Laws 1989, ch. 337, § 60.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-62 - Housebreaking.

Any person subject to Chapter 20 NMSA 1978 who unlawfully enters the building or structure of another with intent to commit a criminal offense therein is guilty of housebreaking and shall be punished as a court-martial may direct.
History:
1978 Comp., § 20-12-62, enacted by Laws 1989, ch. 337, § 61.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-63 - Perjury.

Any person subject to Chapter 20 NMSA 1978 who in a judicial proceeding or in a course of justice willfully and corruptly:
A. upon a lawful oath or in any form allowed by law to be substituted for an oath, gives any false testimony material to the issue or matter of inquiry; or
B. in any declaration, certificate, verification or statement under penalty or perjury as permitted under Section 1746 of Title 28, United States Code, subscribes any false statement material to the issue or matter of inquiry;
is guilty of perjury and shall be punished as a court-martial may direct.
History:
1978 Comp., § 20-12-63, enacted by Laws 1989, ch. 337, § 62.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-64 - Frauds against the United States.

Any person subject to Chapter 20 NMSA 1978:
A. who, knowing it to be false or fraudulent:
(1) makes any claim against the United States or any officer thereof; or
(2) presents to any person in the civil or military service thereof, for approval or payment, any claim against the United States or any officer thereof;
B. who, for the purpose of obtaining the approval, allowance or payment of any claim against the United States or any officer thereof:
(1) makes or uses any writing or other paper knowing it to contain any false or fraudulent statements;
(2) makes any oath to any fact or to any writing or other paper knowing the oath to be false; or
(3) forges or counterfeits any signature upon any writing or other paper, or uses any such signature knowing it to be forged or counterfeited;
C. who, having charge, possession, custody or control of any money, or other property of the United States, furnished or intended for the armed forces thereof, knowingly delivers to any person having authority to receive it, any amount thereof less than that for which he receives a certificate of receipt; or
D. who, being authorized to make or deliver any paper certifying the receipt of any property of the United States furnished or intended for the armed forces thereof, makes or delivers to any person such writing without having full knowledge of the truth of the statements therein contained and with intent to defraud the United States, shall, upon conviction, be punished as a court-martial may direct.
History:
1978 Comp., § 20-12-64, enacted by Laws 1989, ch. 337, § 63.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-65 - Conduct unbecoming an officer and a gentleman.

Any commissioned officer, cadet or midshipman who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct.
History:
1978 Comp., § 20-12-65, enacted by Laws 1989, ch. 337, § 64.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-66 - Wrongful use and possession of controlled substances.

A. Any person subject to Chapter 20 NMSA 1978 who wrongfully uses, possesses, manufactures, distributes, imports into the customs territory of the United States, exports from the United States or introduces into an installation, vessel, vehicle or aircraft used by or under the control of the armed forces a substance described in Subsection B of this section shall be punished as a court-martial may direct.
B. The substances referred to in Subsection A of this section are the following:
(1) opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamphetamine, phencyclidine, barbituric acid and marijuana and any compound or derivative of any such substance;
(2) any substance not specified in Paragraph (1) of this subsection that is listed on a schedule of controlled substances prescribed by the president of the United States for the purposes of this section; and
(3) any other substance not specified in Paragraph (1) of this subsection or contained on a list prescribed by the president under Paragraph (2) of this subsection that is listed in Schedules I through V of Section 202 of the Controlled Substances Act (21 U.S.C. 812).
History:
1978 Comp., § 20-12-66, enacted by Laws 1989, ch. 337, § 65.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Validity, construction and application of state or local law prohibiting maintenance of vehicle for purpose of keeping or selling controlled substances, 31 A.L.R.5th 760.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-67 - Misbehavior of sentinel.

Any sentinel or look-out who is found drunk or sleeping upon his post, or leaves it before he is regularly relieved, shall be punished, if the offense is committed in time of war, by death or other punishment as a court-martial may direct, but if the offense is committed at any other time, by punishment other than death as a court-martial may direct.
History:
1978 Comp., § 20-12-67, enacted by Laws 1989, ch. 337, § 66.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-68 - Repealed.

History:
1978 Comp., § 20-12-68, enacted by Laws 1989, ch. 337, § 67; repealed by Laws 2021, ch. 55, § 12.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 55, § 12 repealed 20-12-68 NMSA 1978, as enacted by Laws 1989, ch. 337, § 67, relating to dueling, effective June 18, 2021. For provisions of former section,
see
the 2020 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-69 - Malingering.

Any person subject to Chapter 20 NMSA 1978 who for the purpose of avoiding work, duty or service:
A. feigns illness, physical disablement, mental lapse or derangement; or
B. intentionally inflicts self-injury;
shall be punished as a court-martial may direct.
History:
1978 Comp., § 20-12-69, enacted by Laws 1989, ch. 337, § 68.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-70 - Riot or breach of peace.

Any person subject to Chapter 20 NMSA 1978 who causes or participates in any riot or breach of the peace shall be punished as a court-martial may direct.
History:
1978 Comp., § 20-12-70, enacted by Laws 1989, ch. 337, § 69.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-71 - Provoking speeches or gestures.

Any person subject to Chapter 20 NMSA 1978 who uses provoking or reproachful words or gestures toward any other person subject to that chapter shall be punished as a court-martial may direct.
History:
1978 Comp., § 20-12-71, enacted by Laws 1989, ch. 337, § 70.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-72 - Principals.

Any person subject to Chapter 20 NMSA 1978 who:
A. commits an offense punishable by Chapter 20 NMSA 1978 or aids, abets, counsels or procures its commission; or
B. causes an act to be done which if directly performed by him would be punishable by Chapter 20 NMSA 1978;
is a principal.
History:
1978 Comp., § 20-12-72, enacted by Laws 1989, ch. 337, § 71.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-73 - General article.

Though not specifically mentioned in Chapter 20 NMSA 1978, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces and crimes and offenses not capital, of which persons subject to Chapter 20 NMSA 1978 may be guilty, shall be taken cognizance of by a general, special or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court.
History:
1978 Comp., § 20-12-73, enacted by Laws 1989, ch. 337, § 72.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-75 - Wearing unauthorized insignia, decoration, badge, ribbon, device or lapel button.

A. Any person subject to Chapter 20 NMSA 1978 shall be punished as a court-martial may direct if the person:
(1) is not authorized to wear an insignia, decoration, badge, ribbon, device or lapel button; and
(2) wrongfully wears such insignia, decoration, badge, ribbon, device or lapel button upon the person's uniform or civilian clothing.
B. The maximum punishment of prosecution pursuant to this section shall be:
(1) for the wrongful wearing of the medal of honor, distinguished service cross, navy cross, air force cross, silver star, purple heart or a valor device on any personal award, a dishonorable discharge, forfeiture of all pay and allowances received on or after the effective date of the sentence and confinement for less than one year; or
(2) for all other violations of this section, a bad conduct discharge, forfeiture of all pay and allowances and confinement for no more than six months.
C. As used in this section, "wrongful" means that the conduct is done without legal justification or excuse. Actual knowledge that the person was or is not authorized to wear the item in question is required. Knowledge may be proved by circumstantial evidence.
History:
Laws 2021, ch. 55, § 11.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 55 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 13 - Senior Master Sergeant Jessey Baca Military Airborne Hazards and Open Burn Pit Registry › Section 20-13-1 - Short title.

This act may be cited as the "Senior Master Sergeant Jessey Baca Military Airborne Hazards and Open Burn Pit Registry Act".
History:
Laws 2015, ch. 94, § 1.
ANNOTATIONS
Effective dates.
— Laws 2015, ch. 94, § 3 made Laws 2015, ch. 94, § 1 effective July 1, 2015.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 13 - Senior Master Sergeant Jessey Baca Military Airborne Hazards and Open Burn Pit Registry › Section 20-13-2 - Military airborne hazards and open burn pit registry; creation; duties.

For the purposes of outreach, education and advocacy for New Mexico service members and veterans who have been exposed to open burn pit smoke or other airborne hazards during their service in operation Iraqi freedom, operation enduring freedom, operation new dawn, the Gulf War 1990-1991 or other conflicts or theaters that may subsequently be identified, the secretary of veterans' services shall:
A. identify a subject-matter expert at the United States department of veterans affairs who has the ability and capacity to assist veterans seeking medical care or assistance with the department of veterans affairs' claims process;
B. make available to veterans the most current medical studies and recommendations with regards to inhalation of toxic substances due to exposure to open burn pits; and
C. establish and maintain a public information program to educate and inform service members, veterans and their families regarding:
(1) how to sign up and use the United States department of veterans affairs burn pit registry and information regarding the veterans health administration's presumptive conditions or diseases believed to have been caused by exposure to open burn pits;
(2) the types of treatment offered by the veterans health administration that are available for any conditions or diseases caused by exposure to open burn pits and care offered outside the veterans health administration that have been approved for medical use;
(3) how to document medical conditions that may be related to exposure to open burn pits and how to apply for a service-connected disability through the United States department of veterans affairs; and
(4) appealing an existing disability rating decision or requesting an upgrade in disability rating from the United States department of veterans affairs.
History:
Laws 2015, ch. 94, § 2.
ANNOTATIONS
Effective dates.
— Laws 2015, ch. 94, § 3 made Laws 2015, ch. 94, § 2 effective July 1, 2015.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 14 - National Guard Death Benefit › Section 20-14-1 - Short title.

This act [20-14-1 to 20-14-3 NMSA 1978] may be cited as the "National Guard Death Benefit Act".
History:
Laws 2023, ch. 41, § 1.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 41, § 4 made Laws 2023, ch. 41, § 1 effective March 30, 2023.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 14 - National Guard Death Benefit › Section 20-14-2 - Fund created.

The "national guard death benefit fund" is created in the state treasury and shall be administered by the department of military affairs. The fund shall consist of all gifts, donations and bequests of money to the fund as well as any appropriations made to the fund. Earnings from investment of the fund shall be credited to the fund. Money in the fund is appropriated to the department of military affairs for the purpose of paying death benefits pursuant to the National Guard Death Benefit Act and shall be paid out only upon warrants issued by the secretary of finance and administration pursuant to vouchers signed by the adjutant general. Any unexpended or unencumbered balance remaining in the fund at the end of any fiscal year shall not revert.
History:
Laws 2023, ch. 41, § 2.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 41, § 4 made Laws 2023, ch. 41, § 2 effective March 30, 2023.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 14 - National Guard Death Benefit › Section 20-14-3 - National guard death benefits; determination; payment.

A. The adjutant general shall determine whether a member of the national guard or a member of the state defense force division of the department of military affairs has been killed while on state active duty. In addition to any other death benefits provided by law, the beneficiary or beneficiaries designated by the service member on a form provided by the department of military affairs shall be paid five hundred thousand dollars ($500,000) as supplemental death benefits whenever a member of the national guard or a member of the state defense force division is killed while on state active duty. The benefits shall be paid from the national guard death benefit fund.
B. The benefits shall be paid to a beneficiary or beneficiaries designated by the service member on a form provided by the department of military affairs.
History:
Laws 2023, ch. 41, § 3.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 41, § 4 made Laws 2023, ch. 41, § 3 effective March 30, 2023.
2023 New Mexico Statutes › Chapter 21 - State and Private Education Institutions › Article 1 - General Provisions Relating to State Educational Institutions › Section 21-1-1 - State institutions; admission requirements to be established by boards of regents.

A. The respective boards of regents of New Mexico state university, New Mexico institute of mining and technology, the university of New Mexico and the New Mexico military institute at Roswell shall determine and fix the standard of requirements for admission to their respective institutions.
B. In determining the standard of requirements for admission to their respective institutions, boards of regents shall not require a student who has completed the requirements of a home-based or nonpublic school educational program and who has submitted test scores that otherwise qualify the student for admission to that institution to obtain or submit proof of having obtained a high school equivalency credential. In determining requirements for admission, boards of regents shall evaluate and treat applicants from home-based educational programs or nonpublic schools fairly and in a nondiscriminatory manner.
History:
Laws 1912, ch. 83, § 2; Code 1915, § 5162; C.S. 1929, § 130-1312; 1941 Comp., § 55-2801; 1953 Comp., § 73-30-1; 1997, ch. 127, § 1; 2015, ch. 122, § 1.
ANNOTATIONS
Cross references.
— For system of accounting and reporting,
see
21-1-32 and 21-1-33 NMSA 1978.
For university of New Mexico,
see
21-7-1 to 21-7-25 NMSA 1978.
For New Mexico state university,
see
21-8-1 to 21-8-38 NMSA 1978.
For New Mexico institute of mining and technology,
see
21-11-1 to 21-11-27 NMSA 1978.
For New Mexico military institute,
see
21-12-1 to 21-12-10 NMSA 1978.
The 2015 amendment,
effective July 1, 2015, replaced the term "general education development certificate" with "high school equivalency credential" in the provision relating to admission requirements in state educational institutions; and in Subsection B, after "otherwise qualify", deleted "him" and added "the student", and after "proof of having obtained a", deleted "general education development certificate" and added "high school equivalency credential".
The 1997 amendment,
effective June 20, 1997, rewrote this section heading, designated the existing language as Subsection A, substituted "New Mexico state university, New Mexico institute of mining and technology" for "the New Mexico College of Agriculture and Mechanical Arts, the New Mexico School of Mines" in Subsection A, and added Subsection B.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
15A Am. Jur. 2d Colleges and Universities §§ 2, 7, 8, 17.
Misconduct of college or university student off campus as grounds for expulsion, suspension or other disciplinary action, 28 A.L.R.4th 463.
Standing to challenge college or professional school admissions program which gives preference to minority or disadvantaged applicants, 60 A.L.R. Fed. 612.
14A C.J.S. Colleges and Universities § 4.