reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 6A - Sexual Exploitation of Children › Section 30-6A-4 - Sexual exploitation of children by prostitution.

A. Any person knowingly receiving any pecuniary profit as a result of a child under the age of sixteen engaging in a prohibited sexual act with another is guilty of a second degree felony, unless the child is under the age of thirteen, in which event the person is guilty of a first degree felony.
B. Any person knowingly hiring or offering to hire a child under the age of sixteen to engage in any prohibited sexual act is guilty of a second degree felony.
C. Any parent, legal guardian or person having custody or control of a child under sixteen years of age who knowingly permits that child to engage in or to assist any other person to engage in any prohibited sexual act or simulation of such an act for the purpose of producing any visual or print medium depicting such an act is guilty of a third degree felony.
History:
Laws 1984, ch. 92, § 4; 1989, ch. 170, § 2; 2015, ch. 13, § 2.
ANNOTATIONS
Cross references.
— For the Sex Offender Registration and Notification Act,
see
Chapter 29, Article 11A NMSA 1978.
For abandonment or abuse of child,
see
30-6-1 NMSA 1978.
For enticement of child,
see
30-9-1 NMSA 1978.
For criminal sexual contact of a minor,
see
30-9-13 NMSA 1978.
For sentencing for noncapital felonies,
see
31-18-15 NMSA 1978.
The 2015 amendment,
effective July 1, 2015, amended the Sexual Exploitation of Children Act by revising the age limitation so that knowingly hiring or offering to hire a child under the age of sixteen to engage in any prohibited sexual act is a second degree felony; deleted former Subsection B, which made it a second degree felony to hire or offer to hire a child over the age of thirteen and under the age of sixteen to engage in any prohibited sexual act; and added new Subsection B making it a second degree felony to knowingly hire or offer to hire a child under the age of sixteen to engage in any prohibited sexual act.
The 1989 amendment,
effective June 16, 1989, in Subsection A inserted "knowingly" near the beginning of the subsection, and substituted "second" for "third" near the middle of the subsection and "first" for "second" near the end of the subsection; substituted "second" for "third" near the end of Subsection B; and substituted "third" for "fourth" near the end of Subsection C.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 7 - Weapons and Explosives › Section 30-7-1 - "Carrying a deadly weapon".

"Carrying a deadly weapon" means being armed with a deadly weapon by having it on the person, or in close proximity thereto, so that the weapon is readily accessible for use.
History:
1953 Comp., § 40A-7-1, enacted by Laws 1963, ch. 303, § 7-1.
ANNOTATIONS
Cross references.
— For definition of deadly weapon,
see
30-1-12 NMSA 1978.
For possession of deadly weapon or explosive by prisoner,
see
30-22-16 NMSA 1978.
Scope and factual determinations to be made by jury.
— "Carrying" does not a have a broader meaning in connection with the crime of carrying a weapon on school grounds than the general definition set forth in this section, and whether the defendant was carrying a weapon was a factual matter to be determined by the jury.
State v. Salazar
, 1997-NMCA-043, 123 N.M. 347, 940 P.2d 195.
Loaded revolver
was a deadly weapon.
Territory v. Watson
, 1904-NMSC-030, 12 N.M. 419, 78 P. 504.
Deadliness a jury question.
— Where instrument used in assault was not per se a deadly weapon under Laws 1887, ch. 30, whether it was so was ordinarily a question for jury to determine, considering its character and manner of use.
State v. Conwell
, 1932-NMSC-042, 36 N.M. 253, 13 P.2d 554.
Readily accessible.
— Evidence that a loaded gun was located in the trunk of the defendant's car where he could easily get at it was sufficient to show that it was readily accessible, and the evidence was thus sufficient to establish that the weapon was carried onto school premises in violation of 30-7-2.1 NMSA 1978.
State v. Salazar
, 1997-NMCA-043, 123 N.M. 347, 940 P.2d 195.
Character of weapon used went only to aggravation of offense.
Territory v. Armijo
, 1894-NMSC-011, 7 N.M. 571, 37 P. 1117;
Chacon v. Territory
, 1893-NMSC-024, 7 N.M. 241, 34 P. 448 ( decided under prior law).
Omission in indictment to describe kind of knife was fatal,
as it was necessary to charge that the knife was one "with which dangerous cuts could be given, or with which dangerous thrusts can be inflicted."
Territory v. Armijo
, 1894-NMSC-011, 7 N.M. 571, 37 P. 1117 ( decided under prior law).
Instructions.
— It is not error for the court in instructing the jury to define a deadly weapon in the terms of the statute.
State v. Dickens
, 1917-NMSC-041, 23 N.M. 26, 165 P. 850.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 79 Am. Jur. 2d Weapons and Firearms §§ 7 to 19.
Firearm used as a bludgeon as a deadly weapon, 8 A.L.R. 1319.
Gun control laws, validity and construction of, 28 A.L.R.3d 845.
What constitutes "dangerous weapon" under statutes prohibiting the carrying of dangerous weapons in motor vehicle, 2 A.L.R.4th 1342.
Fact that gun was unloaded as affecting criminal responsibility, 68 A.L.R.4th 507.
Fact that gun was broken, dismantled, or inoperable as affecting criminal responsibility under weapons statute, 81 A.L.R.4th 745.
Validity of state gun control legislation under state constitutional provisions securing the right to bear arms, 86 A.L.R.4th 931.
94 C.J.S. Weapons §§ 3 to 23.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 7 - Weapons and Explosives › Section 30-7-2.1 - Unlawful carrying of a deadly weapon on school premises.

A. Unlawful carrying of a deadly weapon on school premises consists of carrying a deadly weapon on school premises except by:
(1) a peace officer;
(2) school security personnel;
(3) a student, instructor or other school-authorized personnel engaged in army, navy, marine corps or air force reserve officer training corps programs or state-authorized hunter safety training instruction;
(4) a person conducting or participating in a school-approved program, class or other activity involving the carrying of a deadly weapon; or
(5) a person older than nineteen years of age on school premises in a private automobile or other private means of conveyance, for lawful protection of the person's or another's person or property.
B. As used in this section, "school premises" means:
(1) the buildings and grounds, including playgrounds, playing fields and parking areas and any school bus of any public elementary, secondary, junior high or high school in or on which school or school-related activities are being operated under the supervision of a local school board; or
(2) any other public buildings or grounds, including playing fields and parking areas that are not public school property, in or on which public school-related and sanctioned activities are being performed.
C. Whoever commits unlawful carrying of a deadly weapon on school premises is guilty of a fourth degree felony.
History:
Laws 1987, ch. 232, § 1; 1989, ch. 285, § 1; 1994, ch. 17, § 1.
ANNOTATIONS
Cross references.
— For provision mandating adoption of student discipline policies pertaining to weapons in school,
see
22-5-4.7 NMSA 1978.
The 1994 amendment,
effective July 1, 1994, inserted "older than nineteen years of age" in Paragraph A(5); and, in Subsection B, divided the formerly undivided language into an introductory paragraph and Paragraph (1), added Paragraph (2) and, in Paragraph (1), deleted "on school grounds" following "bus" and added "or" at the end.
The 1989 amendment,
effective June 16, 1989, substituted "fourth degree felony" for "misdemeanor" at the end of Subsection C.
Scope and factual determinations to be made by jury.
— "Carrying" does not a have a broader meaning for purposes of this section than the general definition set forth in 30-7-1 NMSA 1978, and whether the defendant was carrying a weapon was a factual matter to be determined by the jury.
State v. Salazar
, 1997-NMCA-043, 123 N.M. 347, 940 P.2d 195.
Readily accessible.
— Evidence that a loaded gun was located in the trunk of the defendant's car where he could easily get at it was sufficient to show that it was readily accessible, and the evidence was thus sufficient to establish that the weapon was carried onto school premises in violation of this section.
State v. Salazar
, 1997-NMCA-043, 123 N.M. 347, 940 P.2d 195.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 7 - Weapons and Explosives › Section 30-7-2.2 - Unlawful possession of a handgun by a person; exceptions; penalty.

A. Unlawful possession of a handgun by a person consists of a person knowingly having a handgun in the person's possession or knowingly transporting a handgun, except when the person is:
(1) in attendance at a hunter's safety course or handgun safety course or participating in a lawful shooting activity;
(2) engaging in the use of a handgun for target shooting at an established range authorized by the governing body of the jurisdiction in which the range is located or in an area where the discharge of a handgun without legal justification is not prohibited by law;
(3) engaging in an organized competition involving the use of a handgun;
(4) participating in or practicing for a performance by an organization that has been granted exemption from federal income tax by the United States commissioner of internal revenue as an organization described in Section 501(c)(3) of the United States Internal Revenue Code of 1986, as amended or renumbered;
(5) engaging in legal hunting or trapping activities;
(6) traveling, with an unloaded handgun in the person's possession, to or from an activity described in Paragraph (1), (2), (3), (4) or (5) of this subsection; or
(7) on real property under the control of the person's parent, grandparent or legal guardian and the person is being supervised by a parent, grandparent or legal guardian.
B. A person who commits unlawful possession of a handgun by a person is guilty of a misdemeanor.
C. As used in this section:
(1) "person" means an individual who is less than nineteen years old; and
(2) "handgun" means a loaded or unloaded pistol, revolver or firearm that will or is designed to or may readily be converted to expel a projectile by the action of an explosion and the barrel length of which, not including a revolving, detachable or magazine breech, does not exceed twelve inches.
History:
Laws 1994, ch. 22, § 2; 2022, ch. 56, § 25.
ANNOTATIONS
Cross references.
— For Section 501 of the federal Internal Revenue Code,
see
26 U.S.C. § 501.
The 2022 amendment,
effective May 18, 2022, clarified exceptions for unlawful possession of a handgun by a person; and in Subsection A, Paragraph A(1), after "handgun safety course", added "or participating in a lawful shooting activity", and in Paragraph A(5), added "engaging in".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— What constitutes "constructive possession" of unregistered or otherwise prohibited weapon under state law, 88 A.L.R.5th 121.
What constitutes actual or constructive possession of unregistered or otherwise prohibited firearm in violation of 26 USCS § 5861, 133 A.L.R. Fed. 347.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 7 - Weapons and Explosives › Section 30-7-2.3 - Seizure and forfeiture of a handgun possessed or transported by a person in violation of unlawful possession of a handgun by a person.

A. A handgun is subject to seizure and forfeiture by a law enforcement agency when the handgun is possessed or transported by a person in violation of the offense of unlawful possession of a handgun by a person.
B. The provisions of the Forfeiture Act [Chapter 31, Article 27 NMSA 1978] apply to the seizure, forfeiture and disposal of a handgun subject to forfeiture pursuant to Subsection A of this section.
History:
Laws 1994, ch. 22, § 3; 2002, ch. 4, § 12.
ANNOTATIONS
The 2002 amendment,
effective July 1, 2002, deleted former Subsections B through D, which contained standards and procedures for the forfeiture of handguns possessed or transported by persons in violation of the offense of unlawful possession of a handgun by a person; and added present Subsection B.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 7 - Weapons and Explosives › Section 30-7-2.4 - Unlawful carrying of a firearm on university premises; notice; penalty.

A. Unlawful carrying of a firearm on university premises consists of carrying a firearm on university premises except by:
(1) a peace officer;
(2) university security personnel;
(3) a student, instructor or other university-authorized personnel who are engaged in army, navy, marine corps or air force reserve officer training corps programs or a state-authorized hunter safety training program;
(4) a person conducting or participating in a university-approved program, class or other activity involving the carrying of a firearm; or
(5) a person older than nineteen years of age on university premises in a private automobile or other private means of conveyance, for lawful protection of the person's or another's person or property.
B. A university shall conspicuously post notices on university premises that state that it is unlawful to carry a firearm on university premises.
C. As used in this section:
(1) "university" means a baccalaureate degree-granting post-secondary educational institution, a community college, a branch community college, a technical-vocational institute and an area vocational school; and
(2) "university premises" means:
(a) the buildings and grounds of a university, including playing fields and parking areas of a university, in or on which university or university-related activities are conducted; or
(b) any other public buildings or grounds, including playing fields and parking areas that are not university property, in or on which university-related and sanctioned activities are performed.
D. Whoever commits unlawful carrying of a firearm on university premises is guilty of a petty misdemeanor.
History:
Laws 2003, ch. 253, § 1.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 253, § 2 made the act effective on July 1, 2003.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 7 - Weapons and Explosives › Section 30-7-4.1 - Negligently making a firearm accessible to a minor; negligently making a firearm accessible to a minor resulting in great bodily harm or death; penalties.

A. A person commits the crime of negligently making a firearm accessible to a minor if:
(1) the person keeps or stores a firearm in a manner that negligently disregards a minor's ability to access the firearm; and
(2) a minor accesses the firearm and displays or brandishes the firearm in a threatening manner or causes injury to the minor or another person not resulting in great bodily harm or death.
Whoever commits negligently making a firearm accessible to a minor is guilty of a misdemeanor.
B. A person commits the crime of negligently making a firearm accessible to a minor resulting in great bodily harm or death if:
(1) the person keeps or stores a firearm in a manner that negligently disregards a minor's ability to access the firearm; and
(2) a minor accesses the firearm and uses it in a manner that causes great bodily harm to or death of the minor or another person.
Whoever commits negligently making a firearm accessible to a minor resulting in great bodily harm or death is guilty of a fourth degree felony.
C. A person does not violate Subsection A or B of this section if a minor obtains a firearm:
(1) that was either kept in a locked container and was securely stored or kept in a location that a reasonable person would believe to be secure when obtained by a minor;
(2) that was carried on the person or within the person's immediate control;
(3) that was locked with a firearm safety device that rendered the firearm inoperable;
(4) in the course of self-defense or defense of another person;
(5) by illegal entry to the person's property; or
(6) with the authorization of the minor's parent or guardian for lawful hunting, lawful recreational use or any other lawful purpose.
D. As used in this section:
(1) "brandish" means to display or make a firearm known to another person while the firearm is present on the person of the minor with intent to intimidate or injure a person;
(2) "firearm" means a weapon that will or is designed to or may readily be converted to expel a projectile by the action of an explosion;
(3) "firearm safety device" means a gun safe or a device that prevents a firearm from being discharged or from being used to expel a projectile by the action of an explosion or a device other than a gun safe that locks a firearm and is designed to prevent children and unauthorized users from firing a firearm, which device may be installed on a firearm, be incorporated into the design of the firearm or prevent access to the firearm; and
(4) "minor" means a person under eighteen years of age.
History:
Laws 2023, ch. 5, § 1.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 5 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 7 - Weapons and Explosives › Section 30-7-5 - Dangerous use of explosives.

Dangerous use of explosives consists of maliciously exploding, attempting to explode or placing any explosive with the intent to injure, intimidate or terrify another, or to damage another's property.
Whoever commits dangerous use of explosives is guilty of a third degree felony.
History:
1953 Comp., § 40A-7-4, enacted by Laws 1963, ch. 303, § 7-4.
ANNOTATIONS
Lesser included offense.
— Under the facts of this case, the aggravated burglary offense could not be committed without also committing the crime of dangerous use of explosives; the explosives offense does not have an element not included in the burglary offense. The explosives offense was an offense included within the aggravated burglary offense.
State v. Jacobs
, 1985-NMCA-054, 102 N.M. 801, 701 P.2d 400.
Merger with crime of arson.
— The crime of dangerous use of explosives merges into a conviction for arson.
State v. Rodriguez
, 1992-NMCA-035, 113 N.M. 767, 833 P.2d 244, cert. denied, 113 N.M. 636, 830 P.2d 553.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 31A Am. Jur. 2d Explosions and Explosives §§ 221 to 225.
35 C.J.S. Explosives §§ 12, 13.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 7 - Weapons and Explosives › Section 30-7-6 - Negligent use of explosives.

Negligent use of explosives consists of negligently exploding, attempting to explode or placing any explosive in such a manner as to result in injury to another or to property of another, or in the probability of such injury.
Whoever commits negligent use of explosives is guilty of a petty misdemeanor.
History:
1953 Comp., § 40A-7-5, enacted by Laws 1963, ch. 303, § 7-5.
ANNOTATIONS
Cross references.
— For excavation damage to pipelines and underground utility lines,
see
62-14-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 7 - Weapons and Explosives › Section 30-7-7.2 - Unlawful purchase or transfer of a firearm for another.

A. Unlawful purchase or transfer of a firearm for another consists of a person who knowingly purchases, transfers or conspires to purchase or transfer any firearm for, on behalf of or at the request or demand of another person, knowing that the other person:
(1) is a felon; or
(2) intends to use, carry, possess, sell or otherwise transfer possession of the firearm in furtherance of any felony or misdemeanor involving a firearm.
B. Prosecution pursuant to this section shall not prevent prosecution pursuant to any other section of the Criminal Code [30-1-1 NMSA 1978].
C. Whoever commits unlawful purchase or transfer of a firearm for another is guilty of a fourth degree felony and shall be sentenced in accordance with the provisions of the Criminal Sentencing Act [Chapter 31, Article 18 NMSA 1978].
D. As used in this section, "felon" means a person convicted of a felony offense by a court of the United States or any state or political subdivision, and:
(1) less than ten years have passed since the person completed serving a sentence or period of probation for the felony conviction, whichever is later;
(2) the person has not been pardoned for the felony conviction by the proper authority; and
(3) the person has not received a deferred sentence.
History:
Laws 2023, ch. 195, § 1.
ANNOTATIONS
Compiler's notes.
— Laws 2023, ch. 195, § 1 was not enacted as part of the Criminal Code, but was compiled there for the convenience of the user.
Effective dates.
— Laws 2023, ch. 195 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 7 - Weapons and Explosives › Section 30-7-9 - Repealed.

History:
1953 Comp., § 40A-7-8, enacted by Laws 1969, ch. 122, § 1; repealed by Laws 2012, ch. 45, § 1.
ANNOTATIONS
Repeals.
— Laws 2012, ch. 45, § 1 repealed 30-7-9 NMSA 1978, as enacted by Laws 1969, ch. 122, § 1, relating to firearms sales and purchases, effective July 1, 2012. For provisions of former section,
see
the 2011 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 7 - Weapons and Explosives › Section 30-7-10 - Short title.

Sections 30-7-10 through 30-7-15 NMSA 1978 may be cited as the "Bus Passenger Safety Act".
History:
Laws 1979, ch. 376, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Fact that gun was broken, dismantled, or inoperable as affecting criminal responsibility under weapons statute, 81 A.L.R.4th 745.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 7 - Weapons and Explosives › Section 30-7-11 - Definitions.

As used in the Bus Passenger Safety Act [30-7-10 to 30-7-15 NMSA 1978]:
A. "bus transportation company" or "company" means any person, groups of persons or corporation providing for-hire transportation to passengers or cargo by bus upon the highways in New Mexico. The term also includes buses owned or operated by or for local public bodies, school districts, municipalities and by public corporations, boards and commissions; and
B. "bus" means any passenger bus, coach or other motor vehicle having a seating capacity of not less than fifteen passengers operated by a bus transportation company when used for the purpose of carrying passengers or cargo for hire.
History:
Laws 1979, ch. 376, § 2.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 7 - Weapons and Explosives › Section 30-7-12 - Prohibitions; penalties.

A. It is unlawful to seize or exercise control of a bus by force or violence or by threat of force or violence. Whoever violates the provisions of this subsection is guilty of a third degree felony.
B. It is unlawful to intimidate, threaten or assault any driver, attendant, guard or passenger of a bus with the intent of seizing or exercising control of a bus. Whoever violates the provisions of this subsection is guilty of a fourth degree felony.
History:
Laws 1979, ch. 376, § 3.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Validity and construction of statute or ordinance specifically criminalizing passenger misconduct on public transportation, 78 A.L.R.4th 1127.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 7 - Weapons and Explosives › Section 30-7-13 - Carrying weapons prohibited.

A. It is unlawful for any person without prior approval from the company to board or attempt to board a bus while in possession of a firearm or other deadly weapon upon his person or effects and readily accessible to him while on the bus. Any person who violates the provisions of this subsection is guilty of a misdemeanor.
B. Subsection A of this section does not apply to duly elected or appointed law enforcement officers or commercial security personnel in the lawful discharge of their duties.
History:
Laws 1979, ch. 376, § 4.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Validity and construction of statute or ordinance specifically criminalizing passenger misconduct on public transportation, 78 A.L.R.4th 1127.
What constitutes actual or constructive possession of unregistered or otherwise prohibited firearm in violation of 26 USCS § 5861, 133 A.L.R. Fed. 347.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 7 - Weapons and Explosives › Section 30-7-14 - Weapon detection.

A bus transportation company may employ any reasonable means, including mechanical, electronic or x-ray devices to detect concealed weapons, explosives or other hazardous material in baggage or upon the person of a passenger. The company may take possession of any concealed weapon, explosive or other hazardous material discovered and shall turn such items over to law enforcement officers.
History:
Laws 1979, ch. 376, § 5.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 7 - Weapons and Explosives › Section 30-7-15 - Weapons; transporting.

Any person wishing to transport a firearm or other deadly weapon on a bus may do so only in accordance with regulations established by the company; provided that any firearm or deadly weapon must be transported in a compartment which is not accessible to passengers while the bus is moving.
History:
Laws 1979, ch. 376, § 6.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 7 - Weapons and Explosives › Section 30-7-17 - Short title.

Sections 1 through 6 [30-7-17 to 30-7-22 NMSA 1978] of this act may be cited as the "Explosives Act".
History:
Laws 1981, ch. 246, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 31A Am. Jur. 2d Explosions and Explosives §§ 214 to 237.
35 C.J.S. Explosives § 12.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 7 - Weapons and Explosives › Section 30-7-18 - Definitions.

As used in the Explosives Act [30-7-17 to 30-7-22 NMSA 1978]:
A. "explosive" means any chemical compound or mixture or device, the primary or common purpose of which is to explode and includes but is not limited to dynamite and other high explosives, black powder, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord and igniters; and
B. "explosive device" or "incendiary device" means:
(1) any explosive bomb, grenade, missile or similar device;
(2) any device or mechanism used or created to start a fire or explosion with or without a timing mechanism except cigarette lighters and matches; or
(3) any incendiary bomb or grenade, fire bomb or similar device or any device which includes a flammable liquid or compound and a wick or igniting agent composed of any material which is capable of igniting the flammable liquid or compound.
History:
Laws 1981, ch. 246, § 2; 1990, ch. 74, §1.
ANNOTATIONS
The 1990 amendment,
effective May 16, 1990, in Subsection B, substituted " 'explosive device' " for " 'explosive' " at the beginning, deleted "dynamite and all other forms of high explosives" at the beginning and "or" at the end of Paragraph (1), added "except cigarette lighters and matches" at the end of Paragraph (2), and made a minor stylistic change in Paragraph (3).
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 7 - Weapons and Explosives › Section 30-7-19 - Possession of explosives.

A. Possession of explosives consists of knowingly possessing, manufacturing or transporting any explosive and either intending to use the explosive in the commission of any felony or knowing or reasonably believing that another intends to use the explosive to commit any felony.
B. Any person who commits possession of explosives is guilty of a fourth degree felony.
History:
Laws 1981, ch. 246, § 3; 1990, ch. 74, §2.
ANNOTATIONS
The 1990 amendment,
effective May 16, 1990, deleted "or explosive or incendiary device" following "explosives" in the catchline and in Subsections A and B and, in Subsection A, inserted "knowingly", deleted "or any explosive or incendiary device, including any combination of parts from which such device may be made" following "any explosive", deleted "or device or combination of parts thereof " following "the explosive" in two places, and made minor stylistic changes.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 7 - Weapons and Explosives › Section 30-7-19.1 - Possession of explosive device or incendiary device.

A. Possession of an explosive device or incendiary device consists of knowingly possessing, manufacturing or transporting any explosive device or incendiary device or complete combination of parts thereof necessary to make an explosive device or incendiary device. This subsection shall not apply to any fireworks as defined in Section 60-2C-2 NMSA 1978 or any lawfully acquired household, commercial, industrial or sporting device or compound included in the definition of explosive device or incendiary device in Section 30-7-18 NMSA 1978 that has legitimate and lawful commercial, industrial or sporting purposes or that is lawfully possessed under Section 30-7-7 NMSA 1978.
B. Any person who commits possession of an explosive device or incendiary device is guilty of a fourth degree felony.
History:
Laws 1990, ch. 74, § 3.
ANNOTATIONS
Dry ice bomb was not an explosive or an explosive device.
— Where defendant had two bottles of dry ice and two gallon jugs of water; defendant admitted that defendant was going to a desert area to detonate a dry ice bomb; and dry ice bombs result from the expansion of gases, rather than by fire or burning, a dry ice bomb is neither an "explosive" nor an "explosive device" and is not prohibited by Section 30-7-19.1 NMSA 1978.
State v. Alverson
, 2013-NMCA-091, cert. granted, 2013-NMCERT-008.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 7 - Weapons and Explosives › Section 30-7-20 - Facsimile or hoax bomb or explosive.

Any person who intentionally gives, mails, sends or causes to be sent any false or facsimile bomb or explosive to another person or places or causes to be placed at any location any false or facsimile bomb or explosive, with the intent that any other person thinks it is a real bomb or explosive, is guilty of a fourth degree felony.
History:
Laws 1981, ch. 246, § 4.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 7 - Weapons and Explosives › Section 30-7-21 - False report.

A. False report consists of knowingly conveying or causing to be conveyed to any police agency or fire department a false report concerning a fire or explosion or the placement of any explosives or explosive or incendiary device or any other destructive substance and includes, but is not limited to, setting off a fire alarm.
B. Any person who commits false report which causes death or great bodily harm to another is guilty of a fourth degree felony, but if such death or great bodily harm is not caused, the person is guilty of a misdemeanor.
History:
Laws 1981, ch. 246, § 5.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Validity and construction of statutes or ordinances imposing civil or criminal penalties on alarm system users, installers, or servicers for false alarms, 17 A.L.R.5th 825.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 7 - Weapons and Explosives › Section 30-7-22 - Interference with bomb or fire control.

A. Interference with bomb or fire control consists of:
(1) intentionally interfering with the proper functioning of a fire alarm system;
(2) intentionally interfering with the lawful efforts of a fireman or police officer to control or extinguish a fire or to secure the safety of any object reasonably believed to be a bomb, explosive or incendiary device; or
(3) intentionally interfering with the lawful efforts of a fireman or police officer to preserve for investigation or investigate the scene of a fire or explosion to determine its cause.
B. Any person who commits interference with bomb or fire control is guilty of a misdemeanor.
History:
Laws 1981, ch. 246, § 6.
ANNOTATIONS
Severability.
— Laws 1981, ch. 246, § 9, provides for the severability of the act if any part or application thereof is held invalid.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Validity and construction of statutes or ordinances imposing civil or criminal penalties on alarm system users, installers, or servicers for false alarms, 17 A.L.R.5th 825.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 8 - Nuisances › Section 30-8-2 - Polluting water.

Polluting water consists of knowingly and unlawfully introducing any object or substance into any body of public water causing it to be offensive or dangerous for human or animal consumption or use. Polluting water constitutes a public nuisance.
For the purpose of this section, "body of water" means any public river or its tributary, stream, lake, pond, reservoir, acequia, canal, ditch, spring, well or declared or known ground waters.
Whoever commits polluting water for which the act or penalty is not otherwise prescribed by law is guilty of a misdemeanor.
History:
1953 Comp., § 40A-8-2, enacted by Laws 1963, ch. 303, § 8-2; 1993, ch. 291, § 19.
ANNOTATIONS
Cross references.
— For Water Quality Act, relating to water pollution,
see
74-6-1 NMSA 1978 et seq.
The 1993 amendment,
effective June 18, 1993, inserted "for which the act or penalty is not otherwise prescribed by law" in the last paragraph and made a minor stylistic change.
Scope of section.
— This section is a broad nuisance provision, but it does not contain specific mandatory requirements to create a specific duty to prevent water pollution.
Aragon v. United States
, 146 F.3d 819 (10th Cir. 1998).
Law reviews.
— For comment, "Control of Industrial Water Pollution in New Mexico," see 9 Nat. Resources J. 653 (1969).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61A Am. Jur. 2d Pollution Control §§ 134, 135.
Liability for injury to property occasioned by oil, water or the like, flowing from well, 19 A.L.R.2d 1025.
Measure and elements of damages for pollution of well or spring, 76 A.L.R.4th 629.
Liability insurance coverage for violations of antipollution laws, 87 A.L.R.4th 444.
93 C.J.S. Waters § 57.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 8 - Nuisances › Section 30-8-3 - Refuse defined.

Refuse means any article or substance:
A. which is commonly discarded as waste; or
B. which, if discarded on the ground, will create or contribute to an unsanitary, offensive or unsightly condition.
Refuse includes, but is not limited to, the following items or classes of items: waste food; waste paper and paper products; cans, bottles or other containers; junked household furnishings and equipment; junked parts or bodies of automobiles and other metallic junk or scrap; portions or carcasses of dead animals; and collections of ashes, dirt, yard trimmings or other rubbish.
History:
1953 Comp., § 40A-8-3, enacted by Laws 1963, ch. 303, § 8-3.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 8 - Nuisances › Section 30-8-4 - Littering.

A. Littering consists of discarding refuse:
(1) on public property in any manner other than by placing the refuse in a receptacle provided for the purpose by the responsible governmental authorities or otherwise in accordance with lawful direction; or
(2) on private property not owned or lawfully occupied or controlled by the person, except with the consent of its owner, lessee or occupant.
B. Whoever commits littering is guilty of a petty misdemeanor and, notwithstanding the provisions of Section 31-19-1 NMSA 1978, shall be punished by a fine of fifty dollars ($50.00). The use of uniform traffic citations is authorized for the enforcement of this section. The court may to the extent permitted by law, as a condition to suspension of any other penalty provided by law, require a person who commits littering to pick up and remove from any public place or any private property, with prior permission of the legal owner, any litter deposited thereon.
History:
1953 Comp., § 40A-8-4, enacted by Laws 1963, ch. 303, § 8-4; 1975, ch. 199, § 1; 1977, ch. 79, § 1; 1981, ch. 256, § 1; 2018, ch. 74, § 5.
ANNOTATIONS
Cross references.
— For municipal refuse collection and disposal,
see
3-48-1 NMSA 1978 et seq.
For provisions relating to uniform traffic citations,
see
66-8-128 NMSA 1978 et seq.
The 2018 amendment,
effective July 1, 2018, provided that the penalty for littering shall be a fine of fifty dollars, and removed language related to more severe penalties for littering; in Subsection B, after "petty misdemeanor", added "and, notwithstanding the provisions of Section 31-19-1 NMSA 1978, shall be punished by a fine of fifty dollars ($50.00)"; and deleted former Subsection C, which stated "Any jail sentence imposed pursuant to Subsection B of this section may be suspended, in the discretion of the magistrate or judge, upon conditions that the offender assist in litter clean-up in the jurisdiction for a period not to exceed the length of the suspended sentence."
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 8 - Nuisances › Section 30-8-5 - Enforcement.

The state game commission may designate trained employees of the commission vested with police powers to enforce the provisions of Section 30-8-4 NMSA 1978. In addition, members of the state police, county sheriffs and their deputies, police officers and those employees of the state park and recreation commission [state parks division of the energy, minerals, and natural resources department] vested with police powers shall enforce the provisions of that section.
History:
1953 Comp., § 40A-8-4.1, enacted by Laws 1975, ch. 199, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 1977, ch. 254, § 4, abolished the parks and recreation commission. Section 3 of that act established the natural resources department, consisting of several divisions, including the state park and recreation division, which was created by § 11 of the act. Laws 1987, ch. 234 repealed the provisions relating to the natural resources department and created the energy, minerals, and natural resources department, including the state parks division.
See
9-5A-3 and 9-5A-6.1 NMSA 1978.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 8 - Nuisances › Section 30-8-6 - Posting; notice to public.

The state highway department [department of transportation] and the state park and recreation commission [state parks division of the natural resources department] shall post in areas under their control pertinent portions of Section 30-8-4 NMSA 1978 and pleas for the public to take their refuse with them and to dispose of it properly.
History:
1953 Comp., § 40A-8-4.2, enacted by Laws 1975, ch. 199, § 3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 1977, ch. 254, § 4, abolished the parks and recreation commission. Section 3 of that act established the natural resources department, consisting of several divisions, including the state park and recreation division, which was created by § 11 of the act. Laws 1987, ch. 234 repealed the provisions relating to the natural resources department and created the energy, minerals, and natural resources department, including the state parks division.
See
9-5A-3 and 9-5A-6.1 NMSA 1978.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 8 - Nuisances › Section 30-8-7 - Public education.

The state game commission, the state highway department [department of transportation], the state park and recreation commission [state parks division of the natural resources department] and the environmental improvement agency [department of environment] are encouraged to institute public education programs through the news media in order to inform the public of the litter problem in New Mexico and of individual efforts that can be made to assist in the abatement of the problem. In addition, these agencies are authorized to work with industry organizations in a joint antilitter [anti-litter] campaign so that additional effect may be given to the antilitter [anti-litter] effort in New Mexico.
History:
1953 Comp., § 40A-8-4.3, enacted by Laws 1975, ch. 199, § 4.
ANNOTATIONS
Bracketed material.
— The bracketed was was inserted by the compiler and is not part of the law.
Laws 1977, ch. 254, § 4, abolished the parks and recreation commission. Section 3 of that act established the natural resources department, consisting of several divisions, including the state park and recreation division, which was created by § 11 of the act. Laws 1987, ch. 234 repealed the provisions relating to the natural resources department and created the energy, minerals, and natural resources department, including the state parks division.
See
9-5A-3 and 9-5A-6.1 NMSA 1978.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 8 - Nuisances › Section 30-8-8.1 - Abatement of house of prostitution.

A. When the public nuisance sought to be abated under the provisions of Section 30-8-8 NMSA 1978 is a house of prostitution, as defined in Section 30-9-8 NMSA 1978, in addition to injunctive relief, the remedies and presumptions provided in this section apply.
B. For the purposes of this section and Section 30-8-8 NMSA 1978, two or more convictions of any person or persons occurring at least one week apart within a period of one year for violation of either Section 30-9-2 or 30-9-3 NMSA 1978 arising out of conduct engaged in at the place described in an abatement action creates a presumption that the place is a house of prostitution. However, this presumption shall not arise unless the person against whom the abatement action is brought is shown to have had actual knowledge or to have received written notice from law enforcement officials of the convictions upon which the presumption is based. The knowledge must have been acquired or the notice given no more than thirty days after the date of the convictions. For the purpose of this section the "date of the convictions" is the date upon which a plea of guilty or nolo contendere or a judgment of guilty entered in the case charging the crime is final and unappealable.
C. If, in an abatement action brought under Section 30-8-8 NMSA 1978, a binding admission is made by the defendant or the court concludes that a house of prostitution exists at the location alleged, the court may, as part of its judgment:
(1) direct the removal from the house of prostitution all movable personal property used in conducting the house of prostitution and shall direct the sale of that property in the same manner as personal property is sold when seized under a writ of execution; and
(2) order the closing of the house of prostitution for a period of one year and prohibit any person entering it except under conditions specified in the order.
D. If a judgement entered under the provisions of Subsection C of this section includes the provisions of Paragraph (2) of that subsection, the court shall include in its judgment a provision for permitting the owner of the premises ordered closed to take possession of them if he files a bond with sureties to be approved by the court in an amount equal to the full value of the property conditioned upon his promise to abate the nuisance immediately and prevent the reoccurrence of the nuisance for one year thereafter.
History:
Laws 1989, ch. 114, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 24 Am. Jur. 2d Disorderly Houses §§ 40 to 48.
27 C.J.S. Disorderly Houses § 18.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 8 - Nuisances › Section 30-8-9 - Abandonment of dangerous containers.

Abandonment of dangerous containers consists of any person:
A. abandoning, discarding or keeping in any place accessible to children, any refrigerator, icebox, freezer, airtight container, cabinet or similar container, of a capacity of one and one-half cubic feet or more, which is no longer in use, without having the attached doors, hinges, lids or latches removed or without sealing the doors or other entrances so as to make it impossible for anyone to be imprisoned therein; or
B. who, being the owner, lessee or manager of any premises, knowingly permits any abandoned or discarded refrigerator, icebox, freezer, airtight container, cabinet or similar container of a capacity of one and one-half cubic feet or more, and which remains upon such premises in a condition whereby a child may be imprisoned therein.
Whoever commits abandonment of dangerous containers is guilty of a petty misdemeanor.
History:
1953 Comp., § 40A-8-6, enacted by Laws 1963, ch. 303, § 8-6.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 8 - Nuisances › Section 30-8-10 - Repealed.

ANNOTATIONS
Repeals.
— Laws 2000, ch. 22, § 3 repealed 30-8-10 NMSA 1978, as enacted by Laws 1963, ch. 303, § 8-7, relating to placing injurious substances on highways, effective July 1, 2000. For provisions of the former section,
see
the 1999 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
66-7-364 NMSA 1978.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 8 - Nuisances › Section 30-8-11 - Illegal prescribing of medicine.

Illegal prescribing of medicine consists of any physician or other person, while under the influence of any alcoholic beverage or narcotic, prescribing or compounding for any other person, any poison, drug or medicine.
Whoever commits illegal prescribing of medicine while under the influence of any alcoholic beverage or narcotic is guilty of a misdemeanor.
History:
1953 Comp., § 40A-8-8, enacted by Laws 1963, ch. 303, § 8-8.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 8 - Nuisances › Section 30-8-12 - Repealed.

History:
1953 Comp., § 40A-8-9, enacted by Laws 1963, ch. 303, § 8-9; repealed by Laws 2018, ch. 74, § 56.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 74, § 56 repealed 30-8-12 NMSA 1978, as enacted by Laws 1963, ch. 303, § 8-9, relating to conduct offensive to public well-being, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOnesource.com
.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 8 - Nuisances › Section 30-8-13 - Repealed.

History:
1953 Comp., § 40A-8-10, enacted by Laws 1963, ch. 303, § 8-10; 1966, ch. 44, § 1; 1967, ch. 180, § 1; repealed by Laws 2018, ch. 74, § 56.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 74, § 56 repealed 30-8-13 NMSA 1978, as enacted by Laws 1963, ch. 303, § 8-10, relating to unlawfully permitting livestock upon public highways, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOnesource.com
.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 8 - Nuisances › Section 30-8-14 - Recompiled.

History:
1953 Comp., § 40A-8-10.1, enacted by Laws 1975, ch. 283, § 1; 1978 Comp., § 30-8-14, recompiled and amended as § 66-7-363.1 by Laws 2019, ch. 155, § 2.
ANNOTATIONS
Recompilations.
— Laws 2019, ch. 155, § 2 recompiled and amended former 30-8-14 NMSA 1978 as 66-7-363.1 NMSA 1978, effective June 14, 2019.