reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 45 - Computer Crimes › Section 30-45-4 - Computer abuse.

A person who knowingly, willfully and without authorization, or having obtained authorization, uses the opportunity the authorization provides for purposes to which the authorization does not extend:
A. directly or indirectly alters, changes, damages, disrupts or destroys any computer, computer network, computer property, computer service or computer system, when the:
(1) damage to the computer property or computer service has a value of two hundred fifty dollars ($250) or less, is guilty of a petty misdemeanor;
(2) damage to the computer property or computer service has a value of more than two hundred fifty dollars ($250) but not more than five hundred dollars ($500), is guilty of a misdemeanor;
(3) damage to the computer property or computer service has a value of more than five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500), is guilty of a fourth degree felony;
(4) damage to the computer property or computer service has a value of more than two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000), is guilty of a third degree felony; or
(5) damage to the computer property or computer service has a value of more than twenty thousand dollars ($20,000), is guilty of a second degree felony; or
B. directly or indirectly introduces or causes to be introduced data that the person knows to be false into a computer, computer system, computer network, computer software, computer program, database or any part thereof with the intent of harming the property or financial interests or rights of another person is guilty of a fourth degree felony.
History:
Laws 1989, ch. 215, § 4; 2006, ch. 29, § 23.
ANNOTATIONS
The 2006 amendment,
effective July 1, 2006, provided that a person who uses the opportunity the authorization provides for purposes to which the authorization does not extend is guilty of computer abuse; increased the damage in Paragraph (1) of Subsection A from $100 to $250; increased the damage in Paragraph (2) of Subsection A from more than $100, but not more than $250, and to more than $250, but not more than $500; increased the damage in Paragraph (3) of Subsection A from more than $250 to more than $500; deleted the reference to sentencing pursuant to Section 31-19-1 NMSA 1978 in Paragraph (2) of Subsection A; and deleted the reference to sentencing pursuant to Section 31-18-15 NMSA 1978 in Paragraphs (3) through (5) of Subsection A and in Subsection B.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 45 - Computer Crimes › Section 30-45-5 - Unauthorized computer use.

A person who knowingly, willfully and without authorization, or having obtained authorization, uses the opportunity the authorization provides for purposes to which the authorization does not extend, directly or indirectly accesses, uses, takes, transfers, conceals, obtains, copies or retains possession of any computer, computer network, computer property, computer service, computer system or any part thereof, when the:
A. damage to the computer property or computer service has a value of two hundred fifty dollars ($250) or less, is guilty of a petty misdemeanor;
B. damage to the computer property or computer service has a value of more than two hundred fifty dollars ($250) but not more than five hundred dollars ($500), is guilty of a misdemeanor;
C. damage to the computer property or computer service has a value of more than five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500), is guilty of a fourth degree felony;
D. damage to the computer property or computer service has a value of more than two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000), is guilty of a third degree felony; or
E. damage to the computer property or computer service has a value of more than twenty thousand dollars ($20,000), is guilty of a second degree felony.
History:
Laws 1989, ch. 215, § 5; 2006, ch. 29, § 24.
ANNOTATIONS
The 2006 amendment,
effective July 1, 2006, increased the value in Subsection A from $100 to $250; increased the value in Subsection B from more than $100 but not more than $250 to more than $250 but not more than $500; increased the value in Subsection C from more than $250 to more than $500; deleted the reference to sentencing pursuant to Section 31-19-1 NMSA 1978 in Subsection B; and deleted the reference to sentencing pursuant Section 31-18-15 NMSA 1978 in Subsections C through E.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 45 - Computer Crimes › Section 30-45-6 - Prosecution.

A. Prosecution pursuant to the Computer Crimes Act shall not prevent any prosecutions pursuant to any other provisions of the law where such conduct also constitutes a violation of that other provision.
B. A person found guilty of violating any provision of the Computer Crimes Act shall, in addition to any other punishment, be ordered to make restitution for any financial loss sustained by anyone injured as the direct result of the commission of the crime. Restitution shall be imposed in addition to incarceration, forfeiture or fine, and not in lieu thereof, and may be made a condition of probation. The defendant's present and future ability to make such restitution shall be considered. In an extraordinary case, the court may determine that the interests of those injured and justice would not be served by ordering restitution. In such a case, the court shall make and enter specific written findings on the record substantiating the extraordinary circumstance presented upon which the court determined not to order restitution. In all other cases, the court shall determine the amount and method of restitution.
History:
Laws 1989, ch. 215, § 6.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 45 - Computer Crimes › Section 30-45-7 - Forfeiture of property.

A. The following are subject to forfeiture:
(1) all computer property, equipment or products of any kind that have been used, manufactured, acquired or distributed in violation of the Computer Crimes Act;
(2) all materials, products and equipment of any kind that are used or intended for use in manufacturing, using, accessing, altering, disrupting, copying, concealing, destroying, transferring, delivering, importing or exporting any computer property or computer service in violation of the Computer Crimes Act;
(3) all books, records and research products and materials involving formulas, microfilm, tapes and data that are used or intended for use in violation of the Computer Crimes Act;
(4) all conveyances, including aircraft, vehicles or vessels, that are used or intended for use to transport or in any manner to facilitate the transportation of property described in this subsection for the purpose of violating the Computer Crimes Act;
(5) all property, real, personal or mixed, that has been used or intended for use, maintained or acquired in violation of the Computer Crimes Act; and
(6) all money or proceeds that constitute an instrumentality or derive from a violation of the Computer Crimes Act.
B. The provisions of the Forfeiture Act [Chapter 31, Article 27 NMSA 1978] apply to the seizure, forfeiture and disposal of property subject to forfeiture pursuant to Subsection A of this section.
History:
Laws 1989, ch. 215, § 7; 2002, ch. 4, § 18.
ANNOTATIONS
The 2002 amendment,
effective July 1, 2002, in Paragraph A(4), substituted "this section" for "A, B or C of this section"; deleted former Subsections B through H, which contained standards and procedures for the forfeiture of property subject to forfeiture and disposal under the Computer Crimes Act; and added present Subsection B.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Forfeiture of homestead based on criminal activity conducted on premises - state cases, 16 A.L.R.5th 855.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 46 - Ticket Scalping › Section 30-46-1 - Ticket scalping.

A. Ticket scalping consists of selling, offering for sale or attempting to sell any ticket, privilege, license, admission or pass to any college athletic event at a price greater than the price charged at the place of admission or printed on the ticket.
B. The sale of each ticket, privilege, license, admission or pass in violation of this section shall constitute a separate offense.
C. Nothing in this section shall prohibit charging a fee for services rendered in connection with the sale of a ticket privilege, license, admission or pass to an event if the fee is permitted pursuant to a contract between the ticket seller and the sponsor or promoter of the event.
D. Whoever commits ticket scalping is guilty of a misdemeanor and upon conviction shall be punished by a fine up to five hundred dollars ($500) or by imprisonment for a definite term of less than one year, or both.
History:
Laws 1989, ch. 142, § 1.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 47 - Resident Abuse and Neglect › Section 30-47-1 - Short title.

This act [30-47-1 to 30-47-10 NMSA 1978] may be cited as the "Resident Abuse and Neglect Act".
History:
Laws 1990, ch. 55, § 1.
ANNOTATIONS
Constitutional.
— The Residents Abuse and Neglect Act is not unconstitutionally vague.
State v. Greenwood
, 2012-NMCA-017, 271 P.3d 753, cert. denied, 2012-NMCERT-001.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 47 - Resident Abuse and Neglect › Section 30-47-2 - Purpose.

The purpose of the Resident Abuse and Neglect Act is to provide meaningful deterrents and remedies for the abuse, neglect or exploitation of care facility residents and to provide an effective system for reporting instances of abuse, neglect or exploitation.
History:
Laws 1990, ch. 55, § 2.
ANNOTATIONS
Application of the act.
— The Residents Abuse and Neglect Act applies to persons who take on the responsibility of continual, steadfast and faithful watch and care of someone who cannot care for himself or herself, and who are grossly negligent in carrying out that responsibility by failing to take any responsible precaution to prevent damage to health.
State v. Greenwood
, 2012-NMCA-017, 271 P.3d 753, cert. denied, 2012-NMCERT-001.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 47 - Resident Abuse and Neglect › Section 30-47-4 - Abuse of a resident; criminal penalties.

A. Whoever commits abuse of a care facility resident that results in no harm to the resident is guilty of a petty misdemeanor and upon conviction shall be sentenced pursuant to the provisions of Subsection B of Section 31-19-1 NMSA 1978.
B. Whoever commits abuse of a resident that results in physical harm or great psychological harm to the resident is guilty of a fourth degree felony and upon conviction shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
C. Whoever commits abuse of a resident that results in great physical harm to the resident is guilty of a third degree felony and upon conviction shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
D. Whoever commits abuse of a resident that results in the death of the resident is guilty of a second degree felony and upon conviction shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
History:
Laws 1990, ch. 55, § 4.
ANNOTATIONS
Complaint stated sufficient facts to support a conviction.
— Where the state's complaint alleged that defendant was the attending physician of the decedent who had had a heart attack; the decedent had been receiving the anticoagulant drug Coumadin before the decedent was transferred to defendant's care; defendant increased the decedent's dosage of Coumadin; defendant failed to monitor the effect of the prescribed dosage by daily testing the decedent's blood, failed to consider and monitor the decedent's blood pressure medication, failed to act in response to the decedent's worsening symptoms, failed to order proper care upon discovery of blood in the decedent's stool, ordered a colonoscopy rather than determine whether the symptom was due to the Coumadin, and ordered the colonoscopy on a non-emergent basis despite the fact that the decedent required drastic and urgent treatment; and the decedent died due to blood loss from the excessively prescribed quantity of Coumadin, the state's complaint alleged sufficient facts to support a conviction under 30-47-4 NMSA 1978.
State v. Muraida
, 2014-NMCA-060, cert. denied, 2014-NMCERT-005.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 47 - Resident Abuse and Neglect › Section 30-47-6 - Exploitation; criminal penalties.

A. Exploitation of a resident's property consists of the act or process, performed intentionally, knowingly or recklessly, of using a resident's property for another person's profit, advantage or benefit without legal entitlement to do so.
B. Whoever commits exploitation of a resident's property when the value of the property exploited is two hundred fifty dollars ($250) or less is guilty of a petty misdemeanor.
C. Whoever commits exploitation of a resident's property when the value of the property exploited is over two hundred fifty dollars ($250) but not more than five hundred dollars ($500) is guilty of a misdemeanor.
D. Whoever commits exploitation of a resident's property when the value of the property exploited is over five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500) is guilty of a fourth degree felony.
E. Whoever commits exploitation of a resident's property when the value of the property exploited is over two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000) is guilty of a third degree felony.
F. Whoever commits exploitation of a resident's property when the value of the property exploited is over twenty thousand dollars ($20,000) is guilty of a second degree felony.
History:
Laws 1990, ch. 55, § 6; 2006, ch. 29, § 25.
ANNOTATIONS
The 2006 amendment,
effective July 1, 2006, increases the value of the property in Subsection B from $100 to $250; increases the value of the property in Subsection C from more than $100, but not more than $250, and to more than $250, but not more than $500; increases the value of the property in Subsection D from more than $250 to more than $500; deletes the reference to sentencing pursuant to Section 31-19-1 NMSA 1978 in Subsections B and C; and deletes the reference to sentencing pursuant to Section 31-18-15 NMSA 1978 in Subsections D through F.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 47 - Resident Abuse and Neglect › Section 30-47-8 - Treatment in compliance with the Uniform Health-Care Decisions Act.

A. Nothing in the Resident Abuse and Neglect Act shall be construed to preclude health care in accordance with the Uniform Health-Care Decisions Act [Chapter 24, Article 7A NMSA 1978], and it shall be an affirmative defense to any charge brought under the Resident Abuse and Neglect Act that the acts complained of were in accordance with the Uniform Health-Care Decisions Act.
B. To establish an affirmative defense under Subsection A of this section, the person shall show substantial compliance with the provisions of the Uniform Health-Care Decisions Act.
History:
Laws 1990, ch. 55, § 8; 1997, ch. 168, § 11.
ANNOTATIONS
The 1997 amendment,
effective July 1, 1997, substituted "Uniform Health-Care Decisions Act" for "Right to Die Act" in the section heading and throughout the section and substituted "health care" for "withholding or withdrawing treatment" in Subsection A.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 47 - Resident Abuse and Neglect › Section 30-47-9 - Reporting requirements; failure to report; crime created; criminal penalty; discrimination or retaliation for filing a report prohibited.

A. Any person paid in whole or part for providing to a resident any treatment, care, good, service or medication who has reasonable cause to believe that the resident has been abused, neglected or exploited shall report the abuse, neglect or exploitation in accordance with the provisions of Section 27-7-30 NMSA 1978.
B. Any person required to make a report pursuant to Subsection A of this section who fails to do so is guilty of a misdemeanor and upon conviction shall be sentenced pursuant to the provisions of Subsection A of Section 31-19-1 NMSA 1978.
C. In addition to those persons required to report pursuant to Subsection A of this section, any other person shall make a report if the person has reasonable cause to believe that a patient or resident of a facility has been abused, neglected or exploited.
D. Any person making a report pursuant to Subsection C of this section shall not be liable in any civil or criminal action based on the report if it was made in good faith.
E. No facility shall, without just cause, discharge or in any manner discriminate or retaliate against any person who in good faith makes a report required or permitted by the Resident Abuse and Neglect Act, or testifies, or is about to testify, in any proceeding about the abuse, neglect or exploitation of a resident in that facility. For the purposes of this section, "retaliate" includes transferring to another facility, without just cause, over the objection of the resident or the resident's guardian, any resident who has reported an incident pursuant to this section.
History:
Laws 1990, ch. 55, § 9.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 47 - Resident Abuse and Neglect › Section 30-47-10 - Regulatory authority.

The department shall issue rules and regulations as necessary to implement the reporting provisions of the Resident Abuse and Neglect Act.
History:
Laws 1990, ch. 55, § 10.
ANNOTATIONS
Severability.
— Laws 1990, ch. 55, § 11 provides for the severability of the Resident Abuse and Neglect Act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 48 - Smokeless Tobacco Products (Repealed.) › Section 30-48-1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 244, § 13 repealed 30-48-1 NMSA 1978, as enacted by Laws 1991, ch. 210, § 1, relating to sale of smokeless tobacco products, effective July 1, 1993. For present comparable provisions,
see
30-49-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 48 - Smokeless Tobacco Products (Repealed.) › Section 30-48-2 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 244, § 13 repealed 30-48-2 NMSA 1978, as enacted by Laws 1991, ch. 210, § 2, relating to purchase of smokeless tobacco products, effective July 1, 1993. For present comparable provisions,
see
30-49-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 48 - Smokeless Tobacco Products (Repealed.) › Section 30-48-3 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 244, § 13 repealed 30-48-3 NMSA 1978, as enacted by Laws 1991, ch. 210, § 3, relating to point of sale signs, effective July 1, 1993. For present comparable provisions,
see
30-49-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 48 - Smokeless Tobacco Products (Repealed.) › Section 30-48-4 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 244, § 13 repealed 30-48-4 NMSA 1978, as enacted by Laws 1991, ch. 210, § 4, relating to proof of age, effective July 1, 1993. For present comparable provisions,
see
30-49-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 48 - Smokeless Tobacco Products (Repealed.) › Section 30-48-5 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 244, § 13 repealed 30-48-5 NMSA 1978, as enacted by Laws 1991, ch. 210, §5, relating to vending machines, effective July 1, 1993. For present comparable provisions,
see
30-49-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 48 - Smokeless Tobacco Products (Repealed.) › Section 30-48-6 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 244, § 13 repealed 30-48-6 NMSA 1978, as enacted by Laws 1991, ch. 210, § 6, relating to local governments, tobacco sales regulations, effective July 1, 1993. For present comparable provisions,
see
30-49-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 48 - Smokeless Tobacco Products (Repealed.) › Section 30-48-7 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 244, § 13 repealed 30-48-7 NMSA 1978, as enacted by Laws 1991, ch. 210, § 7, relating to penalties, effective July 1, 1993. For present comparable provisions,
see
30-49-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 49 - Tobacco Products, E-Cigarettes and Nicotine Liquid Containers (Repealed) › Section 30-49-1 - Repealed.

History:
Laws 1993, ch. 244, § 1; 2015, ch. 98, § 1; repealed by Laws 2020, ch. 46, § 26.
ANNOTATIONS
Repeals.
— Laws 2020, ch. 46, § 26 repealed 30-49-1 NMSA 1978, relating to the short title of the Tobacco Products, E-Cigarette and Nicotine Liquid Container Act, effective January 1, 2021. For provisions of the former section,
see
the 2020 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 49 - Tobacco Products, E-Cigarettes and Nicotine Liquid Containers (Repealed) › Section 30-49-2 - Repealed.

History:
Laws 1993, ch. 244, § 2; 2015, ch. 98, § 2; repealed by Laws 2020, ch. 46, § 26.
ANNOTATIONS
Repeals.
— Laws 2020, ch. 46, § 26 repealed 30-49-2 NMSA 1978, relating to definitions, effective January 1, 2021. For provisions of the former section,
see
the 2020 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 49 - Tobacco Products, E-Cigarettes and Nicotine Liquid Containers (Repealed) › Section 30-49-3 - Repealed.

History:
Laws 1993, ch. 244, § 3; 2015, ch. 98, § 3; repealed by Laws 2020, ch. 46, § 26.
ANNOTATIONS
Repeals.
— Laws 2020, ch. 46, § 26 repealed 30-49-3 NMSA 1978, relating to tobacco products, e-cigarettes and nicotine liquid containers, prohibited sales, effective January 1, 2021. For provisions of the former section,
see
the 2020 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 49 - Tobacco Products, E-Cigarettes and Nicotine Liquid Containers (Repealed) › Section 30-49-4 - Repealed.

History:
Laws 1993, ch. 244, § 4; repealed by Laws 2020, ch. 46, § 26.
ANNOTATIONS
Repeals.
— Laws 2020, ch. 46, § 26 repealed 30-49-4 NMSA 1978, relating to documentary evidence of age and identity, effective January 1, 2021. For provisions of the former section,
see
the 2020 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 49 - Tobacco Products, E-Cigarettes and Nicotine Liquid Containers (Repealed) › Section 30-49-5 - Repealed.

History:
Laws 1993, ch. 244, § 5; 2015, ch. 98, § 4; repealed by Laws 2020, ch. 46, § 26.
ANNOTATIONS
Repeals.
— Laws 2020, ch. 46, § 26 repealed 30-49-5 NMSA 1978, relating to refusal to sell tobacco products, e-cigarettes or nicotine liquid containers to person unable to produce identity card, effective January 1, 2021. For provisions of the former section,
see
the 2020 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 49 - Tobacco Products, E-Cigarettes and Nicotine Liquid Containers (Repealed) › Section 30-49-6 - Repealed.

History:
Laws 1993, ch. 244, § 6; 2015, ch. 98, § 5; repealed by Laws 2020, ch. 46, § 26.
ANNOTATIONS
Repeals.
— Laws 2020, ch. 46, § 26 repealed 30-49-6 NMSA 1978, relating to presenting false evidence of age or identity, effective January 1, 2021. For provisions of the former section,
see
the 2020 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 49 - Tobacco Products, E-Cigarettes and Nicotine Liquid Containers (Repealed) › Section 30-49-7 - Repealed.

History:
Laws 1993, ch. 244, § 7; 2003, ch. 364, § 1; 2015, ch. 98, § 6; repealed by Laws 2020, ch. 46, § 26.
ANNOTATIONS
Repeals.
— Laws 2020, ch. 46, § 26 repealed 30-49-7 NMSA 1978, relating to vending machines, restrictions on sales of tobacco products, e-cigarettes and nicotine liquid containers, effective January 1, 2021. For provisions of the former section,
see
the 2020 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 49 - Tobacco Products, E-Cigarettes and Nicotine Liquid Containers (Repealed) › Section 30-49-8 - Repealed.

History:
Laws 1993, ch. 244, § 8; 2015, ch. 98, § 7; repealed by Laws 2020, ch. 46, § 26.
ANNOTATIONS
Repeals.
— Laws 2020, ch. 46, § 26 repealed 30-49-8 NMSA 1978, relating to distribution of tobacco products, e-cigarettes or nicotine liquid containers as free samples prohibited, exception, effective January 1, 2021. For provisions of the former section,
see
the 2020 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 49 - Tobacco Products, E-Cigarettes and Nicotine Liquid Containers (Repealed) › Section 30-49-9 - Repealed.

History:
Laws 1993, ch. 244, § 9; 2015, ch. 98, § 8; repealed by Laws 2020, ch. 46, § 26.
ANNOTATIONS
Repeals.
— Laws 2020, ch. 46, § 26 repealed 30-49-9 NMSA 1978, relating to signs, point of sale, effective January 1, 2021. For provisions of the former section,
see
the 2020 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 49 - Tobacco Products, E-Cigarettes and Nicotine Liquid Containers (Repealed) › Section 30-49-10 - Repealed.

History:
Laws 1993, ch. 244, § 10; 2015, ch. 98, § 9; repealed by Laws 2020, ch. 46, § 26.
ANNOTATIONS
Repeals.
— Laws 2020, ch. 46, § 26 repealed 30-49-10 NMSA 1978, relating to monitored compliance, inspections, effective January 1, 2021. For provisions of the former section,
see
the 2020 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 49 - Tobacco Products, E-Cigarettes and Nicotine Liquid Containers (Repealed) › Section 30-49-11 - Repealed.

History:
Laws 1993, ch. 244, § 11; 2015, ch. 98, § 10; repealed by Laws 2020, ch. 46, § 26.
ANNOTATIONS
Repeals.
— Laws 2020, ch. 46, § 26 repealed 30-49-11 NMSA 1978, relating to preemption, effective January 1, 2021. For provisions of the former section,
see
the 2020 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 49 - Tobacco Products, E-Cigarettes and Nicotine Liquid Containers (Repealed) › Section 30-49-12 - Repealed.

History:
Laws 1993, ch. 244, § 12; 2015, ch. 98, § 11; repealed by Laws 2020, ch. 46, § 26.
ANNOTATIONS
Repeals.
— Laws 2020, ch. 46, § 26 repealed 30-49-12 NMSA 1978, relating to penalty, effective January 1, 2021. For provisions of the former section,
see
the 2020 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 49 - Tobacco Products, E-Cigarettes and Nicotine Liquid Containers (Repealed) › Section 30-49-13 - Repealed.

History:
Laws 2015, ch. 98, § 12; repealed by Laws 2020, ch. 46, § 26.
ANNOTATIONS
Repeals.
— Laws 2020, ch. 46, § 26 repealed 30-49-13 NMSA 1978, relating to applicability, effective January 1, 2021. For provisions of the former section,
see
the 2020 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 50 - Fraudulent Telemarketing › Section 30-50-1 - Short title.

This act [30-50-1 to 30-50-4 NMSA 1978] may be cited as the "Fraudulent Telemarketing Act".
History:
Laws 1995, ch. 37, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Validity, construction, and application of state statute or law pertaining to telephone solicitation, 44 A.L.R.5th 619.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 50 - Fraudulent Telemarketing › Section 30-50-3 - Definitions.

As used in the Fraudulent Telemarketing Act:
A. "telemarketing" means:
(1) being employed by or associating with any company, organization, sole proprietorship or economic venture that uses the telephone on a regular basis as a primary instrument to obtain money from the people to whom information is transmitted by telephone communication; or
(2) representing oneself to a person from whom money is requested as being associated with any company, organization, sole proprietorship or economic venture that can be reasonably understood as using the telephone on a regular basis as a primary instrument to obtain money from the people to whom information is transmitted by telephone communication; and
B. "telephone communication" means any communication by words, fax, computer modem, video or other type of transmission that is carried in whole or in part through the local, long distance or cellular telephone network.
History:
Laws 1995, ch. 37, § 3.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 50 - Fraudulent Telemarketing › Section 30-50-4 - Fraudulent telemarketing; penalties.

A person who knowingly and willfully engages in telemarketing to or from a telephone located in New Mexico with the intent to embezzle or to obtain money, property or any thing of value by fraudulent pretenses, representations or promises in the course of a telephone communication, when the:
A. money, property or thing has a value of two hundred fifty dollars ($250) or less, is guilty of a petty misdemeanor;
B. money, property or thing has a value of more than two hundred fifty dollars ($250) but not more than five hundred dollars ($500), is guilty of a misdemeanor;
C. money, property or thing has a value of more than five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500), is guilty of a fourth degree felony;
D. money, property or thing has a value of more than two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000), is guilty of a third degree felony; or
E. money, property or thing has a value of more than twenty thousand dollars ($20,000), is guilty of a second degree felony.
History:
Laws 1995, ch. 37, § 4; 2006, ch. 29, § 26.
ANNOTATIONS
The 2006 amendment,
effective July 1, 2006, in Subsection A, changed the value from less than $250 to $250 or less and changed the crime from a misdemeanor to a petty misdemeanor; in Subsection B, changed the damage from $250 or more, but not more than $2,500, and to more than $250, but not more than $500 and changed the crime from a fourth degree felony to a misdemeanor; added Subsection C to provide that if the value is more than $500, but less than $2,500, the crime is a fourth degree felony; provided in Subsection D (formerly Subsection C) that the value is more than $2,500, but not more than $20,000; deleted the reference to sentencing pursuant to Section 31-19-1 NMSA 1978 in Subsection A; and deleted the reference to sentencing pursuant to Section 31-18-15 NMSA 1978 in Subsections B, D (formerly Subsection C) and E (formerly Subsection D).
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 51 - Money Laundering › Section 30-51-1 - Short title.

Sections 1 through 5 [30-51-1 to 30-51-5 NMSA 1978] of this act may be cited as the "Money Laundering Act".
History:
Laws 1998, ch. 113, § 1.
ANNOTATIONS
Effective dates.
— Laws 1998, ch. 113, § 8, makes the Money Laundering Act effective on July 1, 1998.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 51 - Money Laundering › Section 30-51-2 - Definitions.

As used in the Money Laundering Act:
A. "financial institution" means:
(1) a bank, credit union, trust company or thrift institution or an agency or branch thereof;
(2) a broker or dealer in securities or commodities;
(3) an investment banker;
(4) an investment company;
(5) an issuer, redeemer or cashier of traveler's checks, checks, money orders or similar instruments;
(6) an operator of a credit card system;
(7) an insurance company;
(8) a dealer in precious metals, stones or jewels;
(9) a pawnbroker;
(10) a loan or finance company;
(11) a travel agency;
(12) a licensed sender of money;
(13) a telegraph company;
(14) a business engaged in vehicle sales, including automobile, airplane and boat sales;
(15) a currency exchange;
(16) a person involved in real estate closings and settlements; or
(17) an agency or authority of a state or local government carrying out a duty or power of a business described in this subsection;
B. "financial transaction" means a purchase, sale, loan, pledge, gift, transfer, delivery or other disposition of any monetary instrument or the movement of funds by wire or other means;
C. "monetary instrument" means coin or currency of the United States or any other country, traveler's checks, personal checks, bank checks, money orders, investment securities in bearer form or in such other form that title passes upon delivery of the security and negotiable instruments in bearer form or in such other form that title passes upon delivery of the instrument;
D. "person" means an individual, corporation, partnership, trust or estate, joint stock company, association, syndicate, joint venture, unincorporated organization or group or other entity;
E. "proceeds" means property that is acquired, delivered, produced or realized, whether directly or indirectly, by an act or omission;
F. "property" means anything of value, including real, personal, tangible or intangible property; and
G. "specified unlawful activity" means an act or omission, including any initiatory, preparatory or completed offense or omission, committed for financial gain that is punishable as a felony under the laws of New Mexico or, if the act occurred outside New Mexico, would be punishable as a felony under the laws of the state in which it occurred and under the laws of New Mexico.
History:
Laws 1998, ch. 113, § 2.
ANNOTATIONS
Effective dates.
— Laws 1998, ch. 113, § 8, makes the Money Laundering Act effective on July 1, 1998.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 51 - Money Laundering › Section 30-51-4 - Prohibited activity; criminal penalties; civil penalties.

A. It is unlawful for a person who knows that the property involved in a financial transaction is, or was represented to be, the proceeds of a specified unlawful activity to:
(1) conduct, structure, engage in or participate in a financial transaction that involves the property, knowing that the financial transaction is designed in whole or in part to conceal or disguise the nature, location, source, ownership or control of the property or to avoid a transaction reporting requirement under state or federal law;
(2) conduct, structure, engage in or participate in a financial transaction that involves the property for the purpose of committing or furthering the commission of any other specified unlawful activity;
(3) transport the property with the intent to further a specified unlawful activity, knowing that the transport is designed, in whole or in part, to conceal or disguise the nature, location, source, ownership or control of the monetary instrument or to avoid a transaction reporting requirement under state or federal law; or
(4) make the property available to another person by means of a financial transaction or by transporting the property, when he knows that the property is intended for use by the other person to commit or further the commission of a specified unlawful activity.
B. A person who violates any provision of Subsection A of this section is guilty of a:
(1) second degree felony if the illegal financial transaction involves more than one hundred thousand dollars ($100,000);
(2) third degree felony if the illegal financial transaction involves over fifty thousand dollars ($50,000) but not more than one hundred thousand dollars ($100,000);
(3) fourth degree felony if the illegal financial transaction involves over ten thousand dollars ($10,000) but not more than fifty thousand dollars ($50,000); or
(4) misdemeanor if the illegal financial transaction involves ten thousand dollars ($10,000) or less.
C. In addition to any criminal penalty, a person who violates any provision of Subsection A of this section is subject to a civil penalty of three times the value of the property involved in the transaction.
D. Nothing contained in the Money Laundering Act precludes civil or criminal remedies provided by the Racketeering Act [30-42-1 to 30-42-6 NMSA 1978] or the Controlled Substances Act [Chapter 30, Article 31 NMSA 1978] or by any other New Mexico law. Those remedies are in addition to and not in lieu of remedies provided in the Money Laundering Act.
History:
Laws 1998, ch. 113, § 4.
ANNOTATIONS
Effective dates.
— Laws 1998, ch. 113, § 8, makes the Money Laundering Act effective on July 1, 1998.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 51 - Money Laundering › Section 30-51-5 - Attorney fees; exception.

No provision of the Money Laundering Act shall apply to a financial transaction involving the bona fide fees an attorney accepts for representing a client in a criminal investigation or a proceeding arising from a criminal investigation.
History:
Laws 1998, ch. 113, § 5.
ANNOTATIONS
Effective dates.
— Laws 1998, ch. 113, § 8, makes the Money Laundering Act effective on July 1, 1998.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 52 - Human Trafficking › Section 30-52-1.1 - Human trafficking; civil remedy for human trafficking victims.

A. A human trafficking victim may bring a civil action in any court of competent jurisdiction against an alleged human trafficker for actual damages, compensatory damages, punitive damages, injunctive relief or any other appropriate relief. Where the court finds that a defendant's actions were willful and malicious, the court may award treble damages to the plaintiff. A prevailing plaintiff is also entitled to recover reasonable attorney fees and costs.
B. A civil action pursuant to this section shall be forever barred unless the action is filed within ten years from the date on which:
(1) the defendant's human trafficking actions occurred; or
(2) the victim attains eighteen years of age if the victim was a minor when the defendant's actions occurred.
History:
Laws 2013, ch. 200, § 1.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 200, § 5 made Laws 2013, ch. 200, § 1 effective July 1, 2013.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 52 - Human Trafficking › Section 30-52-1.2 - Sealing of records of human trafficking victims.

A. On petition to the district court, a person who is a victim of human trafficking who has been charged with crimes arising out of the actions of someone charged with human trafficking may have all legal and law enforcement records of the charges and convictions in the person's case sealed. The court may issue an order sealing records and files if the court finds:
(1) the petitioner is a victim of human trafficking;
(2) the charge or conviction is for a non-homicide crime; and
(3) the petitioner's involvement in the offense was due to duress, coercion, use of force, threat to or fraud committed against the petitioner by a person who has committed human trafficking involving the petitioner.
B. Reasonable notice of the petition shall be given to the district attorney or prosecutor who filed the original case and to the law enforcement agency that has custody of the law enforcement files and records for the case.
C. Upon the entry of the sealing order, the proceedings in the case shall be treated as if they never occurred and all index references shall be deleted. The court, law enforcement agencies and the petitioner shall respond to an inquiry that no record exists with respect to the petitioner for the referenced case. Copies of the sealed order shall be sent by the court to the district attorney or prosecutor who filed the original case, and each law enforcement agency shall be named in the order.
D. Inspection of files and records or release of information in the records included in the sealing order may be permitted by the court only upon subsequent order of the court on a showing of good cause after notice to all parties to the original petition.
History:
Laws 2013, ch. 200, § 2.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 200, § 5 made Laws 2013, ch. 200, § 2 effective July 1, 2013.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 52 - Human Trafficking › Section 30-52-2.1 - Posting information about the national human trafficking resource center hotline.

A. An employer subject to the Minimum Wage Act [50-4-19 to 50-4-30 NMSA 1978], a person licensed pursuant to Sections 60-6A-2 through 60-6A-5 NMSA 1978, a health facility licensed pursuant to the Public Health Act [Chapter 24, Article 1 NMSA 1978] and a state or local government agency that manages a transportation facility, including a highway rest area, shall post a sign containing the following notice in English and in Spanish and in any other written language where ten percent or more of the workers or users of a covered facility speak that language:
"NOTICE ON HUMAN TRAFFICKING: OBTAINING FORCED LABOR OR SERVICES IS A CRIME UNDER NEW MEXICO AND FEDERAL LAW. IF YOU OR SOMEONE YOU KNOW IS A VICTIM OF THIS CRIME, CONTACT THE FOLLOWING: IN NEW MEXICO, CALL OR TEXT 505-GET-FREE (505-438-3733); OR CALL THE NATIONAL HUMAN TRAFFICKING RESOURCE CENTER HOTLINE TOLL-FREE AT 1-888-373-7888 FOR HELP. YOU MAY ALSO SEND THE TEXT "HELP" OR "INFO" TO BEFREE ("233733"). YOU MAY REMAIN ANONYMOUS, AND YOUR CALL OR TEXT IS CONFIDENTIAL.".
B. The sign shall be at least eight and one-half inches high and eleven inches wide. It shall be displayed in a conspicuous manner in the employer's business facility, in the licensees' licensed facilities or in the transportation facility clearly visible to the public and employees of the employer or licensees. The English language and Spanish language portions and any other written language portions of the sign shall be equal in size.
C. The director of the labor relations division of the workforce solutions department shall provide employers under the Minimum Wage Act with information about the notice required by this section and shall provide a version of the notice on its public access internet web site for employers to download or print.
D. The regulation and licensing department; the children, youth and families department; and the department of health shall each provide their respective licensees with information about the notice required by this section and shall provide a version of the notice on their respective public access internet web sites for licensees to download or print.
E. When necessary, a department shall update the relevant telephone and texting numbers provided in the version of the notice posted on its public access internet web site.
History:
Laws 2014, ch. 75, § 1.
ANNOTATIONS
Effective dates.
— Laws 2014, ch. 75, § 2 made Laws 2014, ch. 75, § 1 effective July 1, 2014.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 52 - Human Trafficking › Section 30-52-3 - Terminated.

History:
Laws 2008, ch. 17, § 3.
ANNOTATIONS
Compiler's notes.
— Pursuant to Subsection F of Section 30-52-3 NMSA 1978, the task force to combat human trafficking, enacted by Laws 2008, ch. 17, § 3, was terminated on July 1, 2016. For provisions of former section,
see
the 2015 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 53 - Disruption of Communication and Utility Services › Section 30-53-1 - Creation of a safety hazard or disruption of communications and utilities services by theft or intentional damage.

A. Any person who by the theft of, or by intentionally damaging, communications or public utility equipment, whether customer - or utility-owned, creates a public safety hazard or causes a disruption of communications services or public utility services to ten or more households, customers or subscribers or causes monetary damage equal to or greater than one thousand dollars ($1,000) in value of equipment shall be guilty of a:
(1) misdemeanor for a first and second offense, punishable pursuant to Section 31-19-1 NMSA 1978; or
(2) fourth degree felony for third and subsequent offenses, punishable pursuant to Section 31-18-15 NMSA 1978.
B. As used in this section, "equipment" means utility system materials, including communications towers and associated material, telephone lines, railroad and other industrial safety communication devices or systems, electric towers, electric transformers, metering equipment, electric grounding wires and electric and natural gas transmission and distribution facilities.
History:
Laws 2014, ch. 30, § 1.
ANNOTATIONS
Effective dates.
— Laws 2014, ch. 30 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 21, 2014, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 1 - Issuance of Process and Warrants › Section 31-1-1 - Short title.

Sections 31-1-1 through 31-3-9 NMSA 1978 may be referred to as the "Criminal Procedure Act".
History:
1953 Comp., § 41-1-1, enacted by Laws 1972, ch. 71, § 4; 1973, ch. 73, § 1.
ANNOTATIONS
Repeals and reenactments.
— Laws 1972, ch. 71, § 4, repealed 41-1-1, 1953 Comp., relating to complaints, examination of complainants and witnesses, warrants and enacted a new 31-1-1 NMSA 1978.
Law reviews.
— For article, "Survey of New Mexico Law, 1982-83: Criminal Procedure," see 14 N.M.L. Rev. 109 (1984).
For comment, "Survey of New Mexico Law: Criminal Procedure," see 15 N.M.L. Rev. 263 (1985).
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 1 - Issuance of Process and Warrants › Section 31-1-3 - Method of prosecution.

A criminal prosecution shall be commenced, conducted and terminated in accordance with Rules of Criminal Procedure. All pleadings, practice and procedure shall be governed by such rules.
History:
1953 Comp., § 41-1-3, enacted by Laws 1972, ch. 71, § 6.
ANNOTATIONS
Repeals and reenactments.
— Laws 1972, ch. 71, § 6, repealed 41-1-3, 1953 Comp., relating to unlawful arrests and enacted a new section.
Cross references.
— For Rules of Criminal Procedure,
see
Rules 5-101 NMRA et seq.
No obligation for sheriff or warden to schedule arraignment.
— Where detainees filed a federal civil rights action against county officials, including the county sheriff and the county jail warden, alleging that the detainees' arraignment delays in county jail violated their due process rights, and where the district court granted defendants' motion to dismiss for failure to state a valid claim, the district court did not err in granting defendants' motion because compliance with the requirement to arraign detainees within fifteen days lay solely with the court, because an arraignment is a court proceeding that takes place only when scheduled by the court. Rule 5-303 NMRA does not impose any duties on the sheriff or warden to bring an arrestee to court in the absence of a scheduled arraignment.
Moya v. Garcia
, 895 F.3d 1229 (10th Cir. 2018).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Limitations on state prosecuting attorney's discretion to initiate prosecution by indictment or by information, 44 A.L.R.4th 401.