reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 19 - Gambling › Section 30-19-15 - Unlawful to accept for profit anything of value to be transmitted or delivered for gambling; penalty.

A. It is unlawful for any person to, directly or indirectly, knowingly accept for a fee, property, salary or reward anything of value from another to be transmitted or delivered for gambling or parimutuel [pari-mutuel] wagering on the results of a race, sporting event, contest or other game of skill or chance or any other unknown or contingent future event or occurrence whatsoever.
B. None of the provisions of this act shall be construed to prohibit the operation or continued operation of bingo programs presently conducted for charitable purposes.
C. Any person violating any of the provisions of this section is guilty of a fourth degree felony.
History:
Laws 1979, ch. 4, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The term "this act", referred to in Subsection B, means Laws 1979, ch. 4. Laws 1979, ch. 4, § 1, is compiled as this section.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 20 - Crimes Against Public Peace › Section 30-20-2 - Public affray.

Public affray consists of two or more persons voluntarily or by agreement engaging in any fight or using any blows or violence toward each other in an angry or quarrelsome manner in any public place, to the disturbance of others.
Whoever commits public affray is guilty of a petty misdemeanor.
History:
1953 Comp., § 40A-20-3, enacted by Laws 1963, ch. 303, § 20-3.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 12 Am. Jur. 2d Breach of Peace and Disorderly Conduct § 18.
Sufficiency of evidence to establish criminal participation by individual involved in gang fight or assault, 24 A.L.R.4th 243.
2A C.J.S. Affray §§ 5 to 14.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 20 - Crimes Against Public Peace › Section 30-20-4 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 2005, ch. 22, § 4 recompiled former 30-20-4 NMSA 1978 as 12-10-16 NMSA 1978, effective July 1, 2005.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 20 - Crimes Against Public Peace › Section 30-20-5 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 2005, ch. 22, § 4 recompiled former 30-20-5 NMSA 1978 as 12-10-17 NMSA 1978, effective July 1, 2005.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 20 - Crimes Against Public Peace › Section 30-20-6 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 2005, ch. 22, § 4 recompiled former 30-20-6 NMSA 1978 as 12-10-18 NMSA 1978, effective July 1, 2005.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 20 - Crimes Against Public Peace › Section 30-20-7 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 2005, ch. 22, § 4 recompiled former 30-20-7 NMSA 1978 as 12-10-19 NMSA 1978, effective July 1, 2005.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 20 - Crimes Against Public Peace › Section 30-20-8 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 2005, ch. 22, § 4 recompiled former 30-20-8 NMSA 1978 as 12-10-20 NMSA 1978, effective July 1, 2005.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 20 - Crimes Against Public Peace › Section 30-20-9 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 2005, ch. 22, § 4 recompiled former 30-20-9 NMSA 1978 as 12-10-21 NMSA 1978, effective July 1, 2005.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 20 - Crimes Against Public Peace › Section 30-20-10 - Loitering of minors.

Loitering of minors consists of the owner or operator of any saloon permitting a person under the age of twenty-one years to attend, frequent or loiter in or about such premises without being accompanied by the parent or guardian of the person.
Whoever commits loitering of minors is guilty of a petty misdemeanor.
History:
1953 Comp., § 40A-20-6, enacted by Laws 1963, ch. 303, § 20-6; 1973, ch. 138, § 17; 1977, ch. 35, § 1.
ANNOTATIONS
Instructions to employees no defense.
— That proprietor of saloon in which gambling was permitted instructed his employees not to allow minors to gamble was no defense, where minors were permitted to gamble by his bartender.
Territory v. Church
, 1907-NMSC-025, 14 N.M. 226, 91 P. 720 (decided under prior law).
Absolute prohibition.
— There is an absolute prohibition against the frequenting and loitering of any minor upon premises used for the sale and consumption of alcoholic beverages. 1958 Op. Att'y Gen. No. 58-151.
Public dance to be kept free of alcohol.
— Where minors for the purposes of a public dance use a segregated part of the American Legion Hall, it must at all times during such use be kept entirely free from alcoholic beverages, such restriction including not only sales and services but the permitting of beverages to be carried into the hall by anyone regardless of the source or place of original purchase. 1958 Op. Att'y Gen. No. 58-151.
Principal business and purpose.
— The only workable method of classifying an establishment as a poolroom (permission of unaccompanied minors to frequent which was prohibited prior to 1977 amendment) was the principal business and purpose test. 1964 Op. Att'y Gen. No. 64-32 (opinion rendered under prior law).
Establishment not poolroom.
— Since principal business and purpose of bowling establishment which also contained four pool tables and a snack bar was not the playing of pool, the establishment was not a poolroom. 1964 Op. Att'y Gen. No. 64-32 (opinion rendered under prior law).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Validity of loitering statutes and ordinances, 25 A.L.R.3d 836.
Validity, construction, and application of loitering statutes and ordinances, 72 A.L.R.5th 1.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 20 - Crimes Against Public Peace › Section 30-20-11 - Dueling.

Dueling consists of any person:
A. conveying by written or verbal message a challenge to any other person to fight a duel with any deadly weapon, and whether or not such duel ensues;
B. accepting a challenge from another person to fight a duel with any deadly weapon, and whether or not such duel ensues;
C. engaging in or fighting a duel with any deadly weapon; or
D. aiding, encouraging or seconding either party to a duel and being present at such duel when deadly weapons are used.
Whoever commits dueling is guilty of a fourth degree felony.
History:
1953 Comp., § 40A-20-7, enacted by Laws 1963, ch. 303, § 20-7.
ANNOTATIONS
Cross references.
— For definition of deadly weapon,
see
30-1-12 NMSA 1978.
Purpose of antidueling statutes
is to discourage and discountenance the settlement of quarrels by duel.
State v. Romero
, 1990-NMCA-114, 111 N.M. 99, 801 P.2d 681, cert. denied, 111 N.M. 77, 801 P.2d 659.
Dueling defined.
— A duel is a combat with deadly weapons between two persons, fought according to the terms of a precedent agreement and under certain agreed and prescribed rules.
State v. Romero
, 1990-NMCA-114, 111 N.M. 99, 801 P.2d 681, cert. denied, 111 N.M. 77, 801 P.2d 659.
Duel distinguished from affray.
— A duel differs from an affray in that the former is always a result of design while the latter is upon a sudden quarrel.
State v. Romero
, 1990-NMCA-114, 111 N.M. 99, 801 P.2d 681, cert. denied, 111 N.M. 77, 801 P.2d 659.
Characteristics of dueling.
— A duel has none of the elements of sudden heat and passion. State v. Romero, 1990-NMCA-114, 111 N.M. 99, 801 P.2d 681, cert. denied, 111 N.M. 77, 801 P.2d 659.
Duels are generally fought under rules of considerable formality.
State v. Romero
, 1990-NMCA-114, 111 N.M. 99, 801 P.2d 681, cert. denied, 111 N.M. 77, 801 P.2d 659.
Conviction reversed.
— Conviction for dueling was reversed, where a formal agreement to fight a duel could not be inferred from evidence that the respective combatants went to their home and car to retrieve their weapons, that they were facing each other as they were shooting, and that gunfire took place in rapid succession.
State v. Romero
, 1990-NMCA-114, 111 N.M. 99, 801 P.2d 681, cert. denied, 111 N.M. 77, 801 P.2d 659.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 25 Am. Jur. 2d Dueling § 1.
28A C.J.S. Dueling § 2.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 20 - Crimes Against Public Peace › Section 30-20-14 - Institutions permitted to adopt rules.

Nothing in this act [30-20-13 to 30-20-15 NMSA 1978] shall be construed as limiting the power or duty of any institution of higher education to establish standards of conduct and scholastic achievement relevant to its lawful missions, processes and functions and to invoke appropriate discipline for violations of the standards.
History:
1953 Comp., § 40A-20-11, enacted by Laws 1970, ch. 86, § 3.
ANNOTATIONS
Compiler's notes.
— The words "this act" as used in this section refers to Laws 1970, ch. 86 which is compiled as sections 30-20-13 to 30-20-15 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Participation of student in demonstration on or near campus as warranting expulsion or suspension from school or college, 32 A.L.R.3d 864.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 20 - Crimes Against Public Peace › Section 30-20-15 - Construction.

This act [30-20-13 to 30-20-15 NMSA 1978] shall be construed to be an alternative to and not in lieu of the provisions of Laws 1969, Chapter 281 [30-20-4 to 30-20-9 NMSA 1978].
History:
1953 Comp., § 40A-20-12, enacted by Laws 1970, ch. 86, § 4.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 20 - Crimes Against Public Peace › Section 30-20-17 - Reward.

If a person provides information leading to the conviction, or adjudication of delinquency pursuant to the Children's Code [Chapter 32A NMSA 1978], of another for making a bomb scare, he shall, upon the recommendation of the district attorney, be entitled to a reward in the amount of one hundred dollars ($100).
History:
1953 Comp., § 40A-20-14, enacted by Laws 1975, ch. 285, § 2.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 20 - Crimes Against Public Peace › Section 30-20-18 - Interference with athletic event.

Interference with athletic event consists of intentionally throwing any object on or across the field of play of an athletic event with the intent to interfere with the normal conduct of that event while the contestants of that event are on that field. As used in this section, "athletic event" means a scheduled sports event for which an admission fee is charged to the public.
Any person other than an official or a contestant of an athletic event who commits interference with [an] athletic event is guilty of a petty misdemeanor.
History:
Laws 1986, ch. 53, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For assault and battery on a sports official,
see
30-3-9.1 NMSA 1978.
For sentencing for petty misdemeanors,
see
31-19-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 20A - Antiterrorism › Section 30-20A-1 - Short title.

This act [30-20A-1 to 30-20A-4 NMSA 1978] may be cited as the "Antiterrorism Act".
History:
Laws 1990, ch. 66, § 1.
ANNOTATIONS
Law reviews.
— For comment, "Sacrificing People, Protecting Hate: An Analysis of Anti-Militia Statutes and the Incitement to Violence Exception to Freedom of Speech as Legal Protections for Members of Groups Targeted by Hate-Motivated Violence," see 30 N.M.L. Rev. 253 (2000).
For article, "Terrorism and the Rule of Law", see 35 N.M.L. Rev. 215 (2005).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Victim impact evidence in capital sentencing hearings - post-Payne v. Tennessee, 79 A.L.R.5th 33.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 20A - Antiterrorism › Section 30-20A-2 - Definitions.

As used in the Antiterrorism Act:
A. "civil disorder" means any planned act of violence by an assemblage of two or more persons with the intent to cause damage or injury to another individual or his property;
B. "destructive device" means:
(1) any explosive, incendiary or poison gas:
(a) bomb;
(b) grenade;
(c) rocket having a propellant charge of more than four ounces;
(d) missile having an explosive or incendiary charge of more than one-quarter ounce;
(e) mine; or
(f) similar device;
(2) any type of weapon that can expel or may be readily converted to expel a projectile by the action of an explosive or other propellant, the barrel or barrels of which have a bore of more than six-tenths inch in diameter, except a shotgun, shotgun shell or muzzle loading firearm that is generally recognized as particularly suitable for sporting purposes; or
(3) any part or combination of parts either designed or intended for use in converting or assembling any device described in Paragraphs (1) and (2) of this subsection.
The term "destructive device" shall not include any device that is neither designed nor redesigned for use as a weapon;
C. "firearm" means any weapon that can expel or is designed to or may readily be converted to expel a projectile by the action of an explosion, the frame or receiver of any such weapon, any firearm muffler or firearm silencer. "Firearm" includes any handgun, rifle or shotgun; and
D. "law enforcement officer" means any employee of a police or public safety department administered by the state or any political subdivision of the state where the employee is responsible for the prevention and detection of crime and the enforcement of the penal, traffic or highway laws of this state. "Law enforcement officer" includes any member of the New Mexico national guard; any peace officer of the United States, any state, any political subdivision of a state or the District of Columbia; any member of the New Mexico mounted patrol or the national guard, as defined in 10 U.S.C. Sec. 101(9); any member of the organized militia of any state or territory of the United States, the commonwealth of Puerto Rico or the District of Columbia not included within the definition of national guard; and any member of the armed forces of the United States. "Law enforcement officer" also means any person or entity acting as a contractor for any other law enforcement officer, police or public safety department described in this section.
History:
Laws 1990, ch. 66, § 2.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Victim impact evidence in capital sentencing hearings - post-
Payne v. Tennessee
, 79 A.L.R.5th 33.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 20A - Antiterrorism › Section 30-20A-3 - Unlawful acts; penalty.

A. Any person who teaches or demonstrates the use, application or making of any firearm, destructive device or technique capable of causing injury or death to any person with the intent that the knowledge or skill taught, demonstrated or gained be unlawfully used in furtherance of a civil disorder is guilty of a fourth degree felony and shall be sentenced under the provisions of the Criminal Sentencing Act [Chapter 31, Article 18 NMSA 1978] to imprisonment for a definite term of eighteen months or, in the discretion of the sentencing court, to a fine of not more than five thousand dollars ($5,000), or both.
B. Any person who trains, practices or receives instruction in the use of any firearm, destructive device or technique capable of causing injury or death to any person with the intent that the knowledge or skill taught, demonstrated or gained be unlawfully used in furtherance of a civil disorder is guilty of a fourth degree felony and shall be sentenced under the provisions of the Criminal Sentencing Act to imprisonment for a definite term of eighteen months or, in the discretion of the sentencing court, to a fine of not more than five thousand dollars ($5,000), or both.
History:
Laws 1990, ch. 66, § 3.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 20A - Antiterrorism › Section 30-20A-4 - Exemptions.

A. Nothing in the Antiterrorism Act shall make unlawful any activity:
(1) in accordance with Article 2, Section 6 of the constitution of New Mexico;
(2) of any governmental agency;
(3) of any law enforcement agency;
(4) of any hunting, rifle, pistol, shotgun, sportsmen's or conservation club;
(5) lawfully engaged in on a shooting range;
(6) lawfully undertaken pursuant to any shooting school or other program of instruction;
(7) intended to teach the safe handling, including marksmanship, or use of firearms, archery equipment or other weapons or techniques to individuals or groups;
(8) that teaches the use of martial arts or arms for the defense of home, person or property or the lawful use of force as defined in Section 30-2-7 NMSA 1978; or
(9) that is otherwise lawful.
B. Nothing in the Antiterrorism Act shall make unlawful any act of a law enforcement officer that is performed as a part of his official duties.
History:
Laws 1990, ch. 66, § 4.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 20B - Demonstrations at Funerals and Memorial Services › Section 30-20B-1 - Short title.

This act [30-20B-1 to 30-20B-5 NMSA 1978] may be cited as the "Demonstrations at Funerals and Memorial Services Act".
History:
Laws 2007, ch. 254, § 1.
ANNOTATIONS
Emergency clause.
— Laws 2007, ch. 254, § 7 contained an emergency clause and was approved on April 2, 2007.
Severability.
— Laws 2007, ch. 254, § 6 provided for the severability of the Demonstrations at Funerals and Memorial Services Act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 20B - Demonstrations at Funerals and Memorial Services › Section 30-20B-2 - Definitions.

As used in the Demonstrations at Funerals and Memorial Services Act:
A. "funeral" means the ceremonies, rituals, processions and memorial services held at a funeral site in connection with the viewing, burial, cremation or memorial of or wake for a deceased person;
B. "funeral site" means a church, synagogue, mosque, funeral home, mortuary, cemetery, grave site, mausoleum or other place at which a funeral is being conducted or is scheduled to be conducted within the next sixty minutes or has been conducted within the last sixty minutes; and
C. "targeted residential picketing" includes the following acts:
(1) marching, standing or patrolling by one or more persons directed solely at a particular residential building in a manner that adversely affects the safety, security or privacy of an occupant of the building; or
(2) marching, standing or patrolling by one or more persons that prevents an occupant of a residential building from gaining access to or exiting from the property on which the residential building is located.
History:
Laws 2007, ch. 254, § 2.
ANNOTATIONS
Emergency clause.
— Laws 2007, ch. 254, § 7 contained an emergency clause and was approved on April 2, 2007.
Severability.
— Laws 2007, ch. 254, § 6 provided for the severability of the Demonstrations at Funerals and Memorial Services Act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 20B - Demonstrations at Funerals and Memorial Services › Section 30-20B-3 - Prohibited acts.

A person shall not, with knowledge of the existence of a funeral or funeral site:
A. engage in any loud singing, playing of music, chanting, whistling, yelling or noisemaking with or without noise amplification, including bullhorns, auto horns and microphones within five hundred feet of any ingress or egress of that funeral site, when the volume of such singing, music, chanting, whistling, yelling or noisemaking is audible at and disturbing to the peace and good order of a funeral at that funeral site;
B. direct abusive epithets or make any threatening gesture that the person knows or reasonably should know is likely to provoke a violent reaction by another person;
C. display within five hundred feet of any ingress or egress of that funeral site any visual images that convey fighting words or actual threats against another person;
D. knowingly obstruct, hinder, impede or block another person's access to or egress from that funeral site or a facility containing that funeral site, except that the owner or occupant of property may take lawful actions to exclude others from that property;
E. knowingly obstruct, hinder, impede or block the progress of a vehicle participating in a procession to or from a funeral site; or
F. knowingly engage in targeted residential picketing at the home or domicile of any surviving member of the deceased person's family or household on the date of the funeral.
History:
Laws 2007, ch. 254, § 3.
ANNOTATIONS
Emergency clause.
— Laws 2007, ch. 254, § 7 contained an emergency clause and was approved on April 2, 2007.
Severability.
— Laws 2007, ch. 254, § 6 provided for the severability of the Demonstrations at Funerals and Memorial Services Act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 20B - Demonstrations at Funerals and Memorial Services › Section 30-20B-4 - Penalties.

Any person who violates Section 3 [30-20B-3 NMSA 1978] of the Demonstrations at Funerals and Memorial Services Act is:
A. for the first offense, guilty of a petty misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978;
B. for the second offense, guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978; and
C. for the third and subsequent offenses, guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
History:
Laws 2007, ch. 254, § 4.
ANNOTATIONS
Emergency clause.
— Laws 2007, ch. 254, § 7 contained an emergency clause and was approved on April 2, 2007.
Severability.
— Laws 2007, ch. 254, § 6 provided for the severability of the Demonstrations at Funerals and Memorial Services Act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 20B - Demonstrations at Funerals and Memorial Services › Section 30-20B-5 - Injunctive relief.

In addition to the criminal penalties provided in Section 4 [30-20B-4 NMSA 1978] of the Demonstrations at Funerals and Memorial Services Act, the court may enjoin conduct prohibited in Section 3 [30-20B-3 NMSA 1978] of that act if there is credible evidence that a person is likely to violate Section 3 of the Demonstrations at Funerals and Memorial Services Act. Any surviving member of the deceased person's immediate family who is threatened with loss or injury by reason of a violation described in Section 3 of the Demonstrations at Funerals and Memorial Services Act is entitled to sue for and have injunctive relief in any court of competent jurisdiction against any damage or threatened loss or injury by reason of a violation thereof.
History:
Laws 2007, ch. 254, § 5.
ANNOTATIONS
Emergency clause.
— Laws 2007, ch. 254, § 7 contained an emergency clause and was approved on April 2, 2007.
Severability.
— Laws 2007, ch. 254, § 6 provided for the severability of the Demonstrations at Funerals and Memorial Services Act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 21 - Sabotage and Disloyalty › Section 30-21-1 - Sabotage.

Sabotage consists of:
A. intentionally destroying, impairing, injuring, interfering or tampering with real or personal property with reasonable grounds to believe that such act will delay or interfere with the preparation of the United States or of any of the states for defense or for war or with the prosecution of war by the United States; or
B. intentionally making or causing to be made or omitting to note on inspection any defect in any article or thing with reasonable grounds to believe that such article or thing is intended to be used in connection with the preparation of the United States or any of the states for defense or war or for the prosecution of war by the United States.
Whoever commits sabotage is guilty of a second degree felony.
History:
1953 Comp., § 40A-21-1, enacted by Laws 1963, ch. 303, § 21-1.
ANNOTATIONS
Cross references.
— For conspiracy to commit a felony,
see
30-28-2 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 70 Am. Jur. 2d Sedition, Subversive Activities and Treason § 61.
Validity of legislation against sabotage, 1 A.L.R. 336, 20 A.L.R. 1535, 73 A.L.R. 1494.
93 C.J.S. War and National Defense § 57.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 21 - Sabotage and Disloyalty › Section 30-21-2 - Protection of rights of employees.

Nothing in this article [30-21-1 to 30-21-5 NMSA 1978] shall be construed to impair, curtail or destroy the lawful rights of employees and their representatives to self-organization, or [to] form, join or assist labor organizations, to bargain collectively through representatives of their own choosing and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection.
History:
1953 Comp., § 40A-21-2, enacted by Laws 1963, ch. 303, § 21-2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 21 - Sabotage and Disloyalty › Section 30-21-3 - Detention or arrest of trespassers upon restricted areas.

Any peace officer or person employed as a watchman, guard or in a supervisory capacity on premises utilized in the manufacture, transportation or storage of any product in the preparation of the United States or of any of the states for defense or for war, or the manufacture, transportation, distribution or storage of gas, oil, coal, electricity or water or of any public utility, may stop any person found on such premises to which entry without permission is forbidden and where such premises are clearly posted with signs prohibiting entry, and may detain such person for the purpose of demanding the name, address and the individual's business in such place. If such peace officer or employee has reason to believe from the answers or conduct of the person so interrogated that the person detained has no right to be in such destricted [restricted] area, he shall forthwith either release such person, or may arrest the individual without a warrant on the charge of committing the crime of criminal trespass. In the event such peace officer or employee shall arrest such person found in the restricted area he shall forthwith turn the individual over to a peace officer who may arrest the individual without a warrant on the charge of committing criminal trespass.
History:
1953 Comp., § 40A-21-3, enacted by Laws 1963, ch. 303, § 21-3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For criminal trespass,
see
30-14-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 21 - Sabotage and Disloyalty › Section 30-21-4 - Improper use of official symbols.

Improper use of official symbols consists of:
A. the use of the state or national flags for any purpose other than the purposes for which it was designed by law;
B. offering any insult by word or act to the state or national flags; or
C. using the state or national flags for advertising purposes by painting, printing, stamping or otherwise placing thereon or affixing thereto any name or object not connected with the patriotic history of the nation or the state.
Whoever commits improper use of official symbols is guilty of a petty misdemeanor.
History:
1953 Comp., § 40A-21-4, enacted by Laws 1963, ch. 303, § 21-4.
ANNOTATIONS
Law reviews.
— For comment, "Official Symbols: Use and Abuse," see 1 N.M.L. Rev. 352 (1971).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 35 Am. Jur. 2d Flag §§ 3 to 5.
Flag desecration: what constitutes violation of flag desecration statutes, 41 A.L.R.3d 502.
36A C.J.S. Flags § 2.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 21 - Sabotage and Disloyalty › Section 30-21-5 - Improper use of official anthems.

Improper use of official anthems consists of singing, playing or rendering "The Star Spangled Banner" or "Oh Fair New Mexico" in any public place or assemblage in this state except as an entire or separate composition or number.
Whoever commits improper use of official anthems is guilty of a petty misdemeanor.
History:
1953 Comp., § 40A-21-5, enacted by Laws 1963, ch. 303, § 21-5.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 22 - Interference with Law Enforcement › Section 30-22-2 - Refusing to aid an officer.

Refusing to aid an officer consists of refusing to assist any peace officer in the preservation of the peace when called upon by such officer in the name of the United States or the state of New Mexico.
Whoever commits refusing to aid an officer is guilty of a petty misdemeanor.
History:
1953 Comp., § 40A-22-2, enacted by Laws 1963, ch. 303, § 22-2.
ANNOTATIONS
Cross references.
— For provisions authorizing officer to call on others for aid in execution of process, and setting penalty for refusal to provide such aid when called upon,
see
29-1-7, 29-1-8 NMSA 1978.
Refusing assistance to sheriff.
— A sheriff or his legally constituted deputy could call on any citizen or citizens to assist him in the execution of his office, and any person who refused such assistance without sufficient excuse was subject to penalty.
Territory v. Taylor
, 1903-NMSC-003, 11 N.M. 588, 71 P. 489.
Grounds for summoning posse.
— The grounds for summoning the posse comitatus were found in the common law and statutes which were largely declaratory thereof and the court did not have authority to invest the sheriff with further grounds.
Eaton v. Bernalillo Cnty
., 1942-NMSC-040, 46 N.M. 318, 128 P.2d 738.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 22 - Interference with Law Enforcement › Section 30-22-2.1 - Entry into domestic violence safe house or shelter; search warrant.

A. It is not a violation of Section 30-22-1 or Section 30-22-4 NMSA 1978 for a person who is a member, resident, employee or volunteer of or is otherwise associated with a domestic violence safe house or shelter to request that a law enforcement officer show a valid search warrant before allowing the officer to enter the domestic violence safe house or shelter. Nothing in this section shall prevent a law enforcement officer from executing a valid search warrant.
B. Prior to attempting to serve an arrest warrant within a domestic violence safe house or shelter, a law enforcement officer shall obtain a valid search warrant, unless exigent circumstances exist necessitating immediate entry.
History:
Laws 2009, ch. 84, § 1.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 84 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 22 - Interference with Law Enforcement › Section 30-22-6 - Compounding a crime.

Compounding a crime consists of knowingly agreeing to take anything of value upon the agreement or understanding, express or implied, to compound or conceal a crime or to abstain from a prosecution therefor, or to withhold any evidence thereof.
For purposes of this section, a person may be prosecuted and convicted of compounding a crime though the person guilty of the original crime has not been charged, indicted or tried.
Whoever commits compounding a crime is guilty of a misdemeanor.
History:
1953 Comp., § 40A-22-6, enacted by Laws 1963, ch. 303, § 22-6.
ANNOTATIONS
Threat of prosecution for bad check.
— Specific language of this section controls over the more general language of the Worthless Check Act (30-36-1 NMSA 1978 et seq.), even if the latter act could by implication be construed to authorize a threat of prosecution in a bad check notice. 1965 Op. Att'y Gen. No. 65-197.
Written notice that a check has been returned unpaid for lack of funds or credit, as called for in the Worthless Check Act (30-36-1 NMSA 1978 et seq.), may not contain a statement that the district attorney has been contacted and that criminal proceedings will be instituted unless the check is paid within a period of time. 1965 Op. Att'y Gen. No. 65-197.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 15A Am. Jur. 2d Compounding Crimes §§ 1 to 4.
15A C.J.S. Compounding Offenses § 3.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 22 - Interference with Law Enforcement › Section 30-22-7 - Unlawful rescue.

Unlawful rescue consists of intentionally, and without lawful authority, rescuing any person lawfully in custody or confinement.
Whoever commits unlawful rescue of a person charged with or convicted of a crime not constituting a capital felony, or who is charged with but not convicted of a capital felony, is guilty of a third degree felony.
Whoever commits unlawful rescue of an individual convicted of a capital felony is guilty of a first degree felony.
History:
1953 Comp., § 40A-22-7, enacted by Laws 1963, ch. 303, § 22-7.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 27 Am. Jur. 2d Escape, Prison Breaking, and Rescue § 5.
30A C.J.S. Escape and Related Offenses; Rescue § 28 et seq.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 22 - Interference with Law Enforcement › Section 30-22-8.2 - Escape from a secure residential treatment facility.

A. Escape from a secure residential treatment facility consists of a person lawfully committed for a criminal offense to a secure residential treatment facility escaping from the facility.
B. Whoever commits escape from a secure residential treatment facility is guilty of a misdemeanor.
C. As used in this section, "secure residential treatment facility" means a secure facility not located within a correctional facility or detention center in which residents are being treated for substance abuse problems, and personnel and physical barriers prevent the residents from leaving.
History:
Laws 2006, ch. 31, § 1.
ANNOTATIONS
Effective dates.
— Laws 2006, ch. contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 17, 2006, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 22 - Interference with Law Enforcement › Section 30-22-10 - Escape from custody of a peace officer.

Escape from custody of a peace officer consists of any person who shall have been placed under lawful arrest for the commission or alleged commission of any felony, unlawfully escaping or attempting to escape from the custody or control of any peace officer.
Whoever commits escape from custody of a peace officer is guilty of a fourth degree felony.
History:
1953 Comp., § 40A-22-10, enacted by Laws 1963, ch. 303, § 22-10.
ANNOTATIONS
Actual custody required.
— The defendant, who was transported from jail to the state hospital for evaluation, from which hospital he escaped, could not be found guilty of escape from a peace officer. This section applies only to those who are in the actual custody or control of a peace officer while under arrest, and cannot be extended to legal or "constructive custody" as well.
State v. Trujillo
, 1987-NMCA-141, 106 N.M. 616, 747 P.2d 262.
Double jeopardy.
— Combination of administrative punishment and judicial sentence following plea of guilty to escape from custody of peace officer (for escaping from penitentiary honor farm) did not amount to double jeopardy in violation of the state and federal constitutions.
State v. Millican
, 1972-NMSC-064, 84 N.M. 256, 501 P.2d 1076.
Escape from lawful arrest.
— Although marijuana discovered by officer should have been suppressed, because the search and seizure was the fruit of an illegal detention, nonetheless arrests by the officer, after smelling and seeing the marijuana, were in the lawful discharge of his duties and thus defendants' convictions for escape from custody were proper.
State v. Bloom
, 1976-NMCA-035, 90 N.M. 226, 561 P.2d 925,
rev'd on other grounds
, 1977-NMSC-016, 90 N.M. 192, 561 P.2d 465.
Disposition of original charge immaterial.
— Offense is committed if escape occurs after arrest for commission or alleged commission of a felony whether defendant is later found guilty of originally charged felony or not.
State v. Martinez
, 1968-NMSC-097, 79 N.M. 232, 441 P.2d 761.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— What constitutes "custody" under 18 USCS § 751(a) defining offense of escape from custody, 114 A.L.R. Fed. 581.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 22 - Interference with Law Enforcement › Section 30-22-11 - Assisting escape.

Assisting escape consists of:
A. intentionally aiding any person confined or held in lawful custody or confinement to escape; or
B. any officer, jailer or other employee, intentionally permitting any prisoner in his custody to escape.
Whoever commits assisting escape is guilty of a third degree felony.
History:
1953 Comp., § 40A-22-11, enacted by Laws 1963, ch. 303, § 22-11.
ANNOTATIONS
Cross references.
— For unlawful rescue of prisoner,
see
30-22-7 NMSA 1978.
For officer of penitentiary aiding escape of prisoner,
see
33-2-8 NMSA 1978.
Harboring or aiding felon does not supersede this offense.
— The offense of harboring or aiding a felon was not meant to supersede the crime of assisting escape.
State v. Martinez
, 1989-NMCA-047, 109 N.M. 34, 781 P.2d 306, cert. denied, 108 N.M. 668, 777 P.2d 907.
Charge not double jeopardy.
— Charging defendant with three counts of assisting escape, in a prosecution arising out of the escape of three prison inmates, did not violate the constitutional prohibition against double jeopardy.
State v. Martinez
, 1989-NMCA-047, 109 N.M. 34, 781 P.2d 306, cert. denied, 108 N.M. 668, 777 P.2d 907.
Person properly charged with offense.
— An individual who intentionally aids a person to avoid recapture, who he knows has escaped from lawful custody, may properly be charged with the offense of assisting escape.
State v. Martinez
, 1989-NMCA-047, 109 N.M. 34, 781 P.2d 306, cert. denied, 108 N.M. 668, 777 P.2d 907.
Defenses of consanguinity or affinity not applicable.
— Nothing in this section evinces a legislative intent to immunize a defendant from prosecution for assisting the escape of inmates because of consanguinity or affinity. The defenses of consanguinity or affinity recognized under 30-22-4 NMSA 1978 are not applicable to a charge filed under this section.
State v. Martinez
, 1989-NMCA-047, 109 N.M. 34, 781 P.2d 306, cert. denied, 108 N.M. 668, 777 P.2d 907.
Defect in indictment insubstantial.
— Although the indictment charged that defendant assisted a prisoner in escaping from jail while the statute condemned assisting a prisoner in his endeavor to escape, such defect was formal rather than substantial as the act of escape includes endeavoring to escape, and as this slightly faulty allegation was not called to the attention of the trial court, it was cured by the verdict.
State v. Montgomery
, 1923-NMSC-001, 28 N.M. 344, 212 P. 341.
Merger of this section and furnishing articles for escape.
— The charges of assisting escape and furnishing articles for escape should not be merged for sentencing purposes when the facts supporting the convictions are not identical in that the jury could properly have found that the defendant's participation in the escape extended significantly beyond furnishing tangible objects to effect the escape.
State v. Gibson
, 1992-NMCA-017, 113 N.M. 547, 828 P.2d 980, cert. denied, 113 N.M. 524, 828 P.2d 957.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 30A C.J.S. Escape §§ 19 to 25.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 22 - Interference with Law Enforcement › Section 30-22-11.1 - Escape from the custody of the children, youth and families department; escape from juvenile detention.

Escape from the custody of the children, youth and families department consists of any person who has been adjudicated as a delinquent child and has been committed lawfully to the custody of a department juvenile justice facility or who is alleged to be a delinquent child and has been lawfully detained in a juvenile detention facility:
A. escaping or attempting to escape from custody within the confines of a children, youth and families department juvenile justice facility; or
B. escaping or attempting to escape from another lawful place of custody or confinement that is not within the confines of a children, youth and families department juvenile justice facility. Any person who commits escape from the custody of a children, youth and families department juvenile justice facility is guilty of a misdemeanor.
History:
Laws 1993, ch. 121, § 1; 2009, ch. 239, § 3.
ANNOTATIONS
Effective dates.
— Laws 1993, ch. 121, § 2 made the act effective on July 1, 1993.
Applicability.
— Laws 2009, ch. 239, § 71, provided that the provisions of this act apply to all children who, on July 1, 2009, are on release or are otherwise eligible to be placed on release as if the Juvenile Public Safety Advisory Board Act had been in effect at the time they were placed on release or became eligible to be released.
The 2009 amendment,
effective July 1, 2009, in the first paragraph, after "juvenile justice facility", added the remainder of the sentence.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Validity, construction, and application of juvenile escape statues, 46 A.L.R.5th 523.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 22 - Interference with Law Enforcement › Section 30-22-11.2 - Aggravated escape from the custody of the children, youth and families department.

Aggravated escape from the custody of the children, youth and families department consists of any person who has been adjudicated as a delinquent child and has been committed lawfully to the custody of a department juvenile justice facility or who is alleged to be a delinquent child and has been lawfully detained in a juvenile detention facility:
A. escaping or attempting to escape from custody within the confines of a children, youth and families department juvenile justice facility and committing assault or battery on another person in the course of escaping or attempting to escape; or
B. escaping or attempting to escape from a lawful place of custody or confinement that is not within the confines of a children, youth and families department juvenile justice facility and committing assault or battery on another person in the course of escaping or attempting to escape.
Any person who commits aggravated escape from the custody of the children, youth and families department is guilty of a fourth degree felony.
History:
Laws 1994, ch. 18, § 1; 2009, ch. 239, § 4.
ANNOTATIONS
Effective dates.
— Laws 1994, ch. 18, § 3 made the act effective on July 1, 1994.
Applicability.
— Laws 2009, ch. 239, § 71, provided that the provisions of this act apply to all children who, on July 1, 2009, are on release or are otherwise eligible to be placed on release as if the Juvenile Public Safety Advisory Board Act had been in effect at the time they were placed on release or became eligible to be released.
The 2009 amendment,
effective July 1, 2009, in the first paragraph, after "juvenile justice facility", added the remainder of the sentence.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 22 - Interference with Law Enforcement › Section 30-22-12 - Furnished [Furnishing] articles for prisoner's escape.

Furnishing articles for prisoner's escape consists of:
A. intentionally giving to any person in lawful custody or confinement any deadly weapon or explosive substance, without the express consent of the officer in charge of such place of confinement; or
B. intentionally giving to any person in lawful custody or confinement any disguise, instrument, tool or other thing useful to aid any prisoner to effect an escape, with intent to assist a prisoner to escape from custody.
Whoever commits furnishing articles for prisoner's escape is guilty of a second degree felony.
History:
1953 Comp., § 40A-22-12, enacted by Laws 1963, ch. 303, § 22-12.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For definition of deadly weapon,
see
30-1-12 NMSA 1978.
Merger of this section and assisting escape.
— The charges of assisting escape and furnishing articles for escape should not be merged for sentencing purposes when the facts supporting the convictions are not identical in that the jury could properly have found that the defendant's participation in the escape extended significantly beyond furnishing tangible objects to effect the escape.
State v. Gibson
, 1992-NMCA-017, 113 N.M. 547, 828 P.2d 980, cert. denied, 113 N.M. 524, 828 P.2d 957.
Evidence sufficient to support conviction.
— There was sufficient evidence to convict where (1) defendant planned the escape with others; (2) defendant agreed to provide a gun for the escape and said that he had obtained the gun; (3) a co-defendant delivered the gun to the escapees; and (4) after the escape defendant provided bullets for the gun.
State v. Gibson
, 1992-NMCA-017, 113 N.M. 547, 828 P.2d 980, cert. denied, 113 N.M. 524, 828 P.2d 957.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Nature and elements of offense of conveying contraband to state prisoner, 64 A.L.R.4th 902.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 22 - Interference with Law Enforcement › Section 30-22-13 - Furnishing drugs or liquor to a prisoner.

Furnishing drugs or liquor to a prisoner consists of directly or indirectly furnishing any narcotic drug or intoxicating liquor to any person held in lawful custody or confinement, unless such narcotic drug or intoxicating liquor is furnished pursuant to the direction or prescription of a regularly licensed physician attending such person or penal facility.
Whoever commits furnishings [furnishing] drugs or liquor to a prisoner is guilty of a fourth degree felony.
History:
1953 Comp., § 40A-22-13, enacted by Laws 1963, ch. 303, § 22-13.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Nature and elements of offense of conveying contraband to state prisoner, 64 A.L.R.4th 902.
Validity, construction, and application of state statue criminalizing possession of contraband by individual in penal or correctional institution, 45 A.L.R.5th 767.
72 C.J.S. Prisons § 75.