reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 31B - Drug Precursors › Section 30-31B-15 - Administrative inspections.

A. When authorized by an administrative inspection warrant issued pursuant to the Drug Precursor Act, a law enforcement officer or employee of the board, upon presenting the warrant and appropriate credentials to the owner, operator or agent in charge, may enter the controlled premises for the purpose of conducting an administrative inspection.
B. When authorized by an administrative inspection warrant, a law enforcement officer or employee of the board may:
(1) inspect and copy records required to be kept by the Drug Precursor Act;
(2) inspect and sample, within reasonable limits and in a reasonable manner, controlled premises and all pertinent equipment, finished and unfinished material, containers and labeling found therein, and, except as provided in Subsection D of this section, all other things bearing on violation of the Drug Precursor Act, including records, files, papers, processes, controls and facilities; and
(3) inventory any stock of any drug precursor and obtain samples.
C. This section does not prevent entries and administrative inspections, including seizures of property, without a warrant:
(1) if the owner, operator or agent in charge of the controlled premises consents;
(2) in situations presenting substantial imminent danger to health or safety; or
(3) in all other situations in which a warrant is not constitutionally required.
D. An inspection authorized by this section shall not extend to financial data, sales data other than shipment data or pricing data unless the owner, operator or agent in charge of the controlled premises consents in writing.
E. When perishable or dangerous substances or equipment are seized pursuant to Subsection C of this section, the law enforcement officer or employee of the board may apply to the district court for an order to sell or destroy said property and deposit the proceeds of any sale with the court.
F. For purposes of this section "controlled premises" means:
(1) places where persons licensed or exempted from license requirements under the Drug Precursor Act are required to keep records; and
(2) places, including factories, warehouses, establishments and conveyances in which persons licensed or exempted from license requirements under the Drug Precursor Act are permitted to hold, manufacture, compound, process, sell, deliver or otherwise dispose of any drug precursor.
History:
Laws 1989, ch. 177, § 15.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 31B - Drug Precursors › Section 30-31B-16 - Injunctions.

A. The district courts may exercise jurisdiction to restrain or enjoin violations of the Drug Precursor Act.
B. The defendant may demand trial by jury for an alleged violation of an injunction or restraining order under this section.
History:
Laws 1989, ch. 177, § 16.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 31B - Drug Precursors › Section 30-31B-17 - Summary forfeiture.

A. Drug precursors that are manufactured in violation of the Drug Precursor Act are contraband and shall be seized and summarily forfeited to the state.
B. Drug precursors which are seized or come into the possession of the state, the owners of which are unknown, are contraband and shall be summarily forfeited to the state.
History:
Laws 1989, ch. 177, § 17.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 31B - Drug Precursors › Section 30-31B-18 - Burden of proof.

It is not necessary for the state to negate any exemption or exception in the Drug Precursor Act in any complaint, information, indictment or other pleading or in any trial, hearing or other proceeding under the Drug Precursor Act. The burden of proof of any exception or exemption is upon the person claiming it.
History:
Laws 1989, ch. 177, § 18.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 32 - Forest Fires › Section 30-32-1 - Fires extinguished by officers; responsibility for costs.

A. As used in this section, "forest fire" means a fire burning uncontrolled on lands covered wholly or in part by timber, brush, grass, grain or other inflammable vegetation.
B. A person who willfully or recklessly sets a forest fire or causes a forest fire to be set for which efforts to control or extinguish the fire are exerted by the forestry division of the energy, minerals and natural resources department; an agency under agreement with the energy, minerals and natural resources department; a county or municipality; or any fire protection agency of the United States may be liable for the costs incurred, including expenses for fighting the fire and costs of investigation.
History:
Laws 1921, ch. 33, § 4; C.S. 1929, § 35-1409; 1941 Comp., § 14-1804; 1953 Comp., § 40-18-4; Laws 1967, ch. 136, § 1; 2007, ch. 332, § 1.
ANNOTATIONS
Compiler's notes.
— Section 68-2-3 NMSA 1978 makes the director of the forestry division of the minerals and natural resources department the "state forester".
Cross references.
— For public nuisances,
see
30-8-1 NMSA 1978.
For offenses of improper handling of fire and negligent arson,
see
30-17-1 and 30-17-5 NMSA 1978, respectively.
The 2007 amendment,
effective June 15, 2007, deleted Subsections B and C and added a new Subsection B.
Law reviews.
— For note, "Forest Fire Protection on Public and Private Lands in New Mexico," see 4 Nat. Resources J. 374 (1964).
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 32 - Forest Fires › Section 30-32-2 - Repealed.

History:
Laws 1921, ch. 33, § 5; C.S. 1929, § 35-1410; 1941 Comp., § 41-1805; 1953 Comp., § 40-18-5; Laws 1959, ch. 123, § 1; 1977, ch. 254, § 44; repealed by Laws 2007, ch. 332, § 3.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 332, § 3 repealed 30-32-2 NMSA 1978, as enacted by Laws 1921, ch. 33, § 5, relating to appointment of voluntary fire wardens, effective June 15, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 32 - Forest Fires › Section 30-32-3 - Arrest for violations.

All peace officers of the state, including department of game and fish conservation officers, have the power to make arrests on warrant issued by any magistrate of the state for violation of any of the state forest fire laws, including Chapter 68, Article 2 NMSA 1978, rules implementing Chapter 68, Article 2 NMSA 1978 or fire restrictions issued pursuant to such rules, or without warrant for violations of those laws committed in their presence, and shall not be liable to civil action for trespass for acts done in the discharge of their duties.
History:
Laws 1921, ch. 33, § 6; C.S. 1929, § 35-1411; 1941 Comp., § 41-1806; 1953 Comp., § 40-18-6; 2007, ch. 332, § 2.
ANNOTATIONS
Cross references.
— For issuance of arrest warrants by the magistrate court,
see
Rules 6-204 and 6-206 NMRA.
The 2007 amendment,
effective June 15, 2007, eliminated voluntary forest fire wardens; changed "deputy game and fish wardens" to "department of game and fish conservation officers"; and provided that officers have the power to arrest for violation of Chapter 68, Article 2 NMSA 1978, rules implementing Chapter 68, Article 2 NMSA 1978 or fire restrictions issued pursuant to such rules.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 32 - Forest Fires › Section 30-32-4 - Damages to person injured.

If a person sets on fire any woods, marshes or prairies, whether the person's own or not, so as thereby to occasion damage to another person or that person's property, the person shall make satisfaction in double damages to the party injured to be recovered by civil action, unless the person is conducting a prescribed burn pursuant to the Prescribed Burning Act [68-5-1 to 68-5-8 NMSA 1978].
History:
Laws 1882, ch. 61, § 7; C.L. 1884, § 2314; C.L. 1897, § 3222; Code 1915, § 1518; C.S. 1929, § 35-1412; 1941 Comp., § 41-1807; 1953 Comp., § 40-18-7; 2021, ch. 13, § 9.
ANNOTATIONS
The 2021 amendment,
effective June 18, 2021, provided an exception for prescribed burns pursuant to the Prescribed Burning Act, and made technical amendments; added the section heading "Damages to person injured"; and after "another person", added "or that person's property", and after "civil action", added "unless the person is conducting a prescribed burn pursuant to the Prescribed Burning Act".
Law reviews.
— For note, "Forest Fire Protection on Public and Private Lands in New Mexico," see 4 Nat. Resources J. 374 (1964).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Liability for spread of fire intentionally set for legitimate purpose, 25 A.L.R.5th 391.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 33 - Fraud and False Dealing › Section 30-33-1 - Sale of Indian-made articles as genuine.

It is unlawful to barter, trade, sell or offer for sale or trade any article represented as produced by an Indian unless the article is produced, designed or created by the labor or workmanship of an Indian.
History:
Laws 1929, ch. 33, § 1; C.S. 1929, § 35-1925; 1941 Comp., § 41-2123; 1953 Comp., § 40-21-24; Laws 1957, ch. 93, § 1; 1991, ch. 90, § 1.
ANNOTATIONS
The 1991 amendment,
effective June 14, 1991, substituted "Indian-made" for "American-Indian" in the catchline; substituted "produced by an Indian unless the article is produced, designed or created by the labor or workmanship of an Indian" for "handicrafted by American Indian unless the basic article be handicraft wholly by American Indian labor or workmanship"; and deleted provisions following "workmanship" which read "provided that all such articles purporting to be of silver shall be made of coin silver or sterling silver, and provided further that 'handicraft' means the production of such articles wholly by hand tools with the exception of buffing or polishing the same and with the exception of the findings used upon such article."
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 33 - Fraud and False Dealing › Section 30-33-2 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1991, ch. 90, § 12 repealed 30-33-2 NMSA 1978, as enacted by Laws 1929, ch. 33, § 2, relating to penalty for falsely selling American Indian items as genuine, effective June 14, 1991. For provisions of former section,
see
the 1990 NMSA 1978 on
NMOneSource.com.
For present comparable provisions,
see
30-33-9 NMSA 1978.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 33 - Fraud and False Dealing › Section 30-33-3 - Indian Arts and Crafts Sales Act; short title.

Sections 30-33-1 through 30-33-11 NMSA 1978 may be cited as the "Indian Arts and Crafts Sales Act".
History:
1953 Comp., § 40-21-25.1, enacted by Laws 1973, ch. 163, § 1; 1975, ch. 261, § 1; 1991, ch. 90, § 2.
ANNOTATIONS
Repeals and reenactments.
— Laws 1973, ch. 163, § 1, repealed 40-21-25.1, 1953 Comp., relating to the short title of the Indian Arts and Crafts Sales Act, and enacted a new section.
The 1991 amendment,
effective June 14, 1991, substituted "30-33-1 through 30-33-11 NMSA 1978" for "40-21-25.1 through 40-21-25.7 NMSA 1953."
Law reviews.
— For note and comment, "Advancing the Arts Community in New Mexico through Moral Rights and Droit de Suite: The International Impacts and Implications of Preemption Analysis," see 36 N.M. L. Rev. 713 (2006).
For note, "Criminal Procedure Civil Forfeiture and Double Jeopardy: State v. Nunez," see 31 N.M. L. Rev. 401 (2001).
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 33 - Fraud and False Dealing › Section 30-33-5 - Purpose of act.

The purpose of the Indian Arts and Crafts Sales Act [30-33-1 to 30-33-11 NMSA 1978] is to protect the public and the Indian craftsman under the police powers of the state from false representation in the sale, trade, purchase or offering for sale of Indian arts and crafts.
History:
1953 Comp., § 40-21-25.3, enacted by Laws 1959, ch. 133, § 3; 1973, ch. 163, § 3; 1975, ch. 261, § 3; 1977, ch. 334, § 2; 1991, ch. 90, § 4.
ANNOTATIONS
The 1991 amendment,
effective June 14, 1991, deleted "or of turquoise" at the end of the section.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 33 - Fraud and False Dealing › Section 30-33-6 - Inquiry as to producer; duty of inquiry; election to label authentic Indian arts and crafts.

A. It is the duty of every person selling or offering for sale a product that is represented to be authentic Indian arts or crafts to make due inquiry of his suppliers concerning the true nature of the materials, product design and process of manufacture to determine whether the product may be lawfully represented as authentic Indian arts or crafts.
B. Each person may elect to label or otherwise clearly and conspicuously disclose as authentic Indian arts and crafts all articles that are authentic Indian arts and crafts in accordance with the Indian Arts and Crafts Sales Act [30-33-1 to 30-33-11 NMSA 1978] and regulations adopted pursuant to that act.
C. Consistent with the purposes of the Indian Arts and Crafts Sales Act, regulations adopted under that act may specify designations other than "authentic Indian arts and crafts", including a designation such as "Indian crafted", for authorized labeling as Indian arts and crafts.
History:
1953 Comp., § 40-21-25.4, enacted by Laws 1959, ch. 133, § 4; 1973, ch. 163, § 4; 1975, ch. 261, § 4; 1977, ch. 334, § 3; 1991, ch. 90, § 5.
ANNOTATIONS
The 1991 amendment,
effective June 14, 1991, added "Duty of inquiry; election to label authentic Indian arts and crafts" in the catchline; deleted former Subsection A, relating to a duty of persons selling Indian arts and crafts to make due inquiry concerning methods used in production and to determine authenticity; designated former Subsection B as Subsection A and rewrote the subsection which read "It is the duty of every person selling or offering for sale natural or unnatural turquoise, or both to make due inquiry of their suppliers concerning the true nature of the turquoise and to determine whether such turquoise is natural, stabilized, treated, reconstituted or imitation"; and added Subsections B and C.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 33 - Fraud and False Dealing › Section 30-33-7 - Unlawful acts.

It is unlawful for any person to:
A. sell or offer for sale any products represented to be Indian handmade or authentic Indian arts and crafts unless such products are in fact Indian handmade or authentic Indian arts and crafts;
B. sell or offer for sale any products represented to be Indian crafted unless such products are in fact Indian crafted;
C. represent that any Indian arts and crafts product is made of a material, including natural material, unless it is made of that material;
D. fail to disclose in writing that any Indian arts and crafts product is made of treated material, reconstructed material or synthetic material;
E. solicit or buy for resale as authentic Indian arts and crafts any products that are known in fact not to be authentic; or
F. prepare, disseminate or otherwise engage in any unfair or deceptive trade practice, including any false, misleading or deceptive advertising, or any unconscionable trade practice, regarding Indian arts or crafts. For the purpose of this subsection, "unfair or deceptive trade practice" and "unconscionable trade practice" mean "unfair or deceptive trade practice" and "unconscionable trade practice" as those terms are defined in Section 57-12-2 NMSA 1978.
History:
1953 Comp., § 40-21-25.5, enacted by Laws 1973, ch. 163, § 5; 1975, ch. 261, § 5; 1977, ch. 334, § 4; 1991, ch. 90, § 6.
ANNOTATIONS
Repeals and reenactments.
— Laws 1973, ch. 163, § 5, repealed former 40-21-25.5, 1953 Comp., relating to labeling imitation Indian arts and crafts, and enacted a new 40-21-25.5, 1953 Comp.
The 1991 amendment,
effective June 14, 1991, rewrote this section.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 33 - Fraud and False Dealing › Section 30-33-8 - Enforcement by attorney general or district attorney.

The attorney general or a district attorney with jurisdiction over a matter shall enforce the provisions of the Indian Arts and Crafts Sales Act [30-33-1 to 30-33-11 NMSA 1978]. The New Mexico office of Indian affairs [Indian affairs department] and an authorized tribal prosecutor may assist the office of the attorney general or the district attorney in determining whether the provisions of the Indian Arts and Crafts Sales Act have been or are being violated. Either the attorney general or a district attorney with jurisdiction over a matter may take action to enforce the provisions of the Indian Arts and Crafts Sales Act.
History:
1953 Comp., § 40-21-25.7, enacted by Laws 1973, ch. 163, § 6; 1977, ch. 334, § 5; 1991, ch. 90, § 7.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2004, ch. 24, § 17 provided that statutory references to the "New Mexico office of Indian affairs" be changed to the "Indian affairs department" pursuant to an executive order issued in accordance with Laws 2003, Chapter 403.
The 1991 amendment,
effective June 14, 1991, added "or district attorney" in the catchline; inserted "or a district attorney with jurisdiction over a matter" in the first sentence; rewrote the second sentence which read "The New Mexico commission of Indian affairs shall assist the office of the attorney general in the determining whether the provisions of the Indian Arts and Crafts Sales Act have been violated"; and added the final sentence.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 33 - Fraud and False Dealing › Section 30-33-10 - Private right of action; damages.

Any person who suffers financial injury or damages by reason of any conduct declared in violation of the provisions of the Indian Arts and Crafts Sales Act [30-33-1 to 30-33-11 NMSA 1978] may sue in district court. Upon a showing that that act is being violated, the court may award damages and order injunctive relief and shall award the cost of the suit, including reasonable attorneys' fees. Where the court finds that the party charged with violating the Indian Arts and Crafts Sales Act has willfully violated that act, the court may award treble damages to the party complaining of the violation.
History:
1953 Comp., § 40-21-25.9, enacted by Laws 1977, ch. 334, § 7; 1991, ch. 90, § 9.
ANNOTATIONS
The 1991 amendment,
effective June 14, 1991, rewrote this section which read "Any person who suffers financial injury or damages by reason of any conduct declared in violation of the Indian Arts and Crafts Sales Act may sue in district court and may recover actual damages sustained and the cost of the suit, including reasonable attorneys' fees."
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 33 - Fraud and False Dealing › Section 30-33-11 - Administrative regulations.

The attorney general and the New Mexico office of Indian affairs [Indian affairs department] are authorized jointly to promulgate necessary regulations, pursuant to the Administrative Procedures Act [12-8-1 to 12-8-25 NMSA 1978], to further the purpose and implement the provisions of the Indian Arts and Crafts Sales Act [30-33-1 to 30-33-11 NMSA 1978].
History:
1953 Comp., § 40-21-25.10, enacted by Laws 1977, ch. 334, § 8; 1991, ch. 90, § 10.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2004, ch. 24, § 17 provided that statutory references to the "New Mexico office of Indian affairs" be changed to the "Indian affairs department" pursuant to an executive order issued in accordance with Laws 2003, Chapter 403.
The 1991 amendment,
effective June 14, 1991, rewrote this section which read "The attorney general is authorized to promulgate necessary regulations, pursuant to the Administrative Procedures Act, to further the purpose of the Indian Arts and Crafts Sales Act as set forth in Section 40-21-25.3 NMSA 1953."
Severability.
— Laws 1991, ch. 90, § 11 provides for the severability of the act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 33 - Fraud and False Dealing › Section 30-33-12 - Obtaining telecommunications service with intent to defraud; definitions.

For the purposes of Sections 30-33-12 through 30-33-14 NMSA 1978:
A. "credit card" means an identification card or plate issued to a person, firm or corporation by any person, firm or corporation engaged in the furnishing of telecommunications service, which permits the person, firm or corporation to whom the card has been issued to obtain telecommunications service on credit;
B. "credit card number" means the card number appearing in a credit card; and
C. "telecommunication service" means service furnished by a public utility, including a telephone company, by which there is accomplished, or may be accomplished, the sending or receiving of information, data, messages, writing, signs, signals, pictures and sound of all kinds, by aid of wire, cable, radio or other means or apparatus.
History:
1953 Comp., § 40-21-49, enacted by Laws 1963, ch. 49, § 1; 1967, ch. 134, § 1.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 33 - Fraud and False Dealing › Section 30-33-14 - Venue.

Venue is in the county in this state where the telecommunication service giving rise to the prosecution was solicited or initiated, or attempted to be solicited or initiated, or where the service was received or was attempted to be received, or was billable in the normal course of business.
History:
1953 Comp., § 40-21-51, enacted by Laws 1963, ch. 49, § 3; 1967, ch. 134, § 3.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 33A - Telecommunications Service Theft › Section 30-33A-1 - Short title.

This act [30-33A-1 to 30-33A-5 NMSA 1978] may be cited as the "Telecommunications Service Theft Act".
History:
Laws 1997, ch. 50, § 1.
ANNOTATIONS
Effective dates.
— Laws 1997, ch. 50 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, the Telecommunications Service Theft Act is effective June 20, 1997, 90 days after adjournment of the legislature.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 74 Am. Jur. 2d Telecommunications § 184.
Criminal liability for unauthorized interference with or reception of radio or television transmission, 43 A.L.R.4th 991.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 33A - Telecommunications Service Theft › Section 30-33A-2 - Definitions.

As used in the Telecommunications Service Theft Act:
A. "provider" means a person that offers telecommunications service for lawful compensation; and
B. "telecommunications service" means any audio, video, data or programming offered for a fee or other consideration to facilitate the origination, transmission, emission or reception of signs, signals, data, writings, images, sounds or intelligence of any nature delivered by telephone or telephone service, cable television service, including cellular or other wireless telephones, wire, radio, electromagnetic, photoelectronic or photo-optical equipment, coaxial or fiber optic cable, terrestrial microwave, television broadcast or satellite transmission.
History:
Laws 1997, ch. 50, § 2.
ANNOTATIONS
Effective dates.
— Laws 1997, ch. 50 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, the Telecommunications Service Theft Act is effective June 20, 1997, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 33A - Telecommunications Service Theft › Section 30-33A-3 - Illegal service; prohibited acts; penalties.

A. It is unlawful for any person to:
(1) obtain or attempt to obtain telecommunications service by trick, artifice, deception, use of an illegal device or decoder or other fraudulent means without authorization of the provider;
(2) assist or instruct any person to obtain or attempt to obtain any telecommunications service without authorization of the provider;
(3) make or attempt to make or assist any person to make or maintain a telecommunications service connection, whether physical, electrical, mechanical, acoustical or by other means, with any cables, wires, components or other devices used for the distribution of telecommunications service without authorization of the provider; or
(4) make or maintain any modification or alteration to any device that was installed with the authorization of the provider for the purpose of intercepting or receiving any telecommunications service without authorization of the provider.
B. Any person who violates this section is guilty of a misdemeanor upon conviction for a first offense and shall be punished by a fine of up to five hundred dollars ($500); and upon conviction for a second or subsequent offense, is guilty of a misdemeanor and shall be punished by either a fine of not less than five hundred dollars ($500) or more than one thousand dollars ($1,000), by imprisonment for a definite term not to exceed thirty days, or both.
History:
Laws 1997, ch. 50, § 3.
ANNOTATIONS
Effective dates.
— Laws 1997, ch. 50 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, the Telecommunications Service Theft Act is effective June 20, 1997, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 33A - Telecommunications Service Theft › Section 30-33A-4 - Illegal devices; prohibited acts; penalties.

A. It is unlawful for any person to:
(1) own or possess any device, including a printed circuit board, designed to receive or permit reception of any telecommunications service, regardless of whether that service is encoded, filtered, scrambled or otherwise made unintelligible, with the intent to distribute such device for the purpose of permitting reception or use of telecommunications service without authorization by the provider;
(2) publish or advertise for sale or lease any kit or plan for a device designed in whole or in part to receive without authorization of the provider any telecommunications service, regardless of whether that service is encoded, filtered, scrambled or otherwise made unintelligible;
(3) advertise for sale or lease any device or printed circuit or kit for a device or printed circuit designed in whole or in part to receive any telecommunications service without authorization of the provider, regardless of whether the service is encoded, filtered, scrambled or otherwise made unintelligible; or
(4) manufacture, import into New Mexico, distribute, sell, lease or offer for sale or lease any device, printed circuit or any plan or kit for a device or for a printed circuit, designed in whole or in part to receive any telecommunications service, regardless of whether the service is encoded, filtered, scrambled or otherwise made unintelligible, that can be used to receive that service without the authorization of the provider.
B. Any person who violates this section is guilty of a misdemeanor upon conviction for a first offense and shall be punished by either a fine of not less than one thousand dollars ($1,000), imprisonment for a definite term of not less than thirty days, or both; and upon conviction for a second or subsequent offense, is guilty of a fourth degree felony and shall be punished as provided in Section 31-18-15 NMSA 1978.
History:
Laws 1997, ch. 50, § 4.
ANNOTATIONS
Effective dates.
— Laws 1997, ch. 50 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, the Telecommunications Service Theft Act is effective June 20, 1997, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 33A - Telecommunications Service Theft › Section 30-33A-5 - Private remedies.

A. A person damaged by a violation of Section 3 or 4 [30-33A-3 or 30-33A-4 NMSA 1978] of the Telecommunications Service Theft Act may be granted an injunction under the principles of equity and on terms that the court considers reasonable. Proof of monetary damage, loss of revenue or intent to deceive and take unfair advantage of any person is not required.
B. The relief provided in this section is in addition to remedies otherwise available against the same conduct under the common law or other New Mexico statutes.
History:
Laws 1997, ch. 50, § 5.
ANNOTATIONS
Effective dates.
— Laws 1997, ch. 50 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, the Telecommunications Service Theft Act is effective June 20, 1997, 90 days after adjournment of the legislature.
Severability.
— Laws 1997, ch. 50, § 7 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.
— State civil actions by subscription television business for use, or providing technical means of use, of transmissions by nonsubscribers, 46 A.L.R.4th 811.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 34 - Libel and Slander (Transferred.) › Section 30-34-1 to 30-34-6 - Transferred.

ANNOTATIONS
Compiler's notes.
— Former 30-34-1 to 30-34-6 NMSA 1978, concerning tort actions for libel and slander, have been transferred to 41-7-1 to 41-7-6 NMSA 1978.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 35 - Public Utilities › Section 30-35-1 - [Failure to relinquish telephone party line for emergency call.]

It is unlawful for any person:
A. wilfully [willfully] to refuse to yield, or wilfully [willfully] to impede, the use of a telephone party line in time of emergency, by which he is not affected and of which he has been apprised, when he has been requested so to yield; or
B. to request another to yield the use of a telephone party line because of an emergency, which in fact does not exist.
History:
1953 Comp., § 40-37-6, enacted by Laws 1963, ch. 320, § 1.
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 35 - Public Utilities › Section 30-35-2 - Penalty.

Any person:
A. who fails to yield a telephone party line or impedes its use, and any person who falsely asserts an emergency as basis for a request of another to yield a telephone party line, as provided in the preceding section [30-35-1 NMSA 1978], is liable to the person aggrieved by his act for triple the amount of damages proximately caused by his act;
B. who violates any provision of this act [30-35-1, 30-35-2 NMSA 1978] is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than five hundred dollars ($500) nor less than twenty-five dollars ($25.00).
History:
1953 Comp., § 40-37-7, enacted by Laws 1963, ch. 320, § 2.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 36 - Worthless Checks › Section 30-36-1 - Short title.

This act [30-36-1 to 30-36-9 NMSA 1978] may be cited as the "Worthless Check Act".
History:
1953 Comp., § 40-49-1, enacted by Laws 1963, ch. 315, § 1.
ANNOTATIONS
Relation to general fraud statute.
— The general fraud statute (Section 30-16-6 NMSA 1978) and this act prohibit different offenses, and it is inappropriate to view this act as an exception to the fraud statute.
State v. Higgins
, 1988-NMCA-072, 107 N.M. 617, 762 P.2d 904.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Construction and effect of "bad check" statute with respect to check in payment of preexisting debt, 59 A.L.R.2d 1159.
Constitutionality of "bad check" statute, 16 A.L.R.4th 631.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 36 - Worthless Checks › Section 30-36-2 - Definitions.

As used in the Worthless Check Act:
A. "check" means any check, draft or written order for money;
B. "person" means any person, firm or corporation;
C. "draw" means the making, drawing, uttering or delivering a check;
D. "thing of value" includes money, property, services, goods and wares; and lodging;
E. "credit" means an arrangement or understanding with the drawer for the payment of the check.
History:
1953 Comp., § 40-49-2, enacted by Laws 1963, ch. 315, § 2.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 36 - Worthless Checks › Section 30-36-3 - Purpose.

It is the purpose of the Worthless Check Act to remedy the evil of giving checks on a bank without first providing funds in or credit with the depository on which they are made or drawn to pay or satisfy the same, which tends to create the circulation of worthless checks on banks, bad banking, check kiting and mischief to trade and commerce.
History:
1953 Comp., § 40-49-3, enacted by Laws 1963, ch. 315, § 3.
ANNOTATIONS
"Issue" and "giving" same.
— The term "issue" in Section 30-36-4 NMSA 1978 is used in the same sense as "giving" a check in this section, and "giving" a worthless check constitutes a representation that the drawer has credit with the drawee bank for the amount involved.
State v. Libero
, 1978-NMCA-055, 91 N.M. 780, 581 P.2d 873, cert. denied, 92 N.M. 180, 585 P.2d 324.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 36 - Worthless Checks › Section 30-36-6 - Exceptions.

The Worthless Check Act does not apply to:
A. any check where the payee or holder knows or has been expressly notified prior to the drawing of the check or has reason to believe that the drawer did not have on deposit or to his credit with the drawee sufficient funds to insure payment on its presentation; or
B. any post-dated check.
History:
1953 Comp., § 40-49-6, enacted by Laws 1963, ch. 315, § 6.
ANNOTATIONS
Cross references.
— For effect of postdating a negotiable instrument,
see
55-3-113 NMSA 1978.
Knowledge of payee as jury question.
— Whether motel clerk knew, had been expressly notified or had reason to believe that defendant did not have sufficient funds on deposit in the bank to insure payment on presentation of the check was for the jury to decide.
State v. McKay
, 1969-NMCA-009, 79 N.M. 797, 450 P.2d 435.
Act inapplicable to postdated check.
— Where neither evidence nor inference contradicts testimony that a check was postdated, defendant's motion to dismiss the charge as to the check should be sustained as the Worthless Check Act does not apply to postdated checks.
State v. Downing
, 1971-NMCA-122, 83 N.M. 62, 488 P.2d 112.
Check postdated.
— Where it was stipulated that the hay sold to defendant was weighed on June 25, and the payee testified that the check was accepted on the date of weighing, while the check was dated June 30, the defendant's motion to dismiss should have been sustained.
State v. Downing
, 1971-NMCA-122, 83 N.M. 62, 488 P.2d 112.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Application of "bad check" statute with respect to post dated checks, 52 A.L.R.3d 464.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 36 - Worthless Checks › Section 30-36-8 - Notice.

Notice as used in the Worthless Check Act shall consist of either notice given to the person entitled thereto in person or notice given to such person in writing. The notice in writing is presumed to have been given when deposited as certified matter in the United States mail, addressed to the person at his address as it appears on the check.
History:
1953 Comp., § 40-49-8, enacted by Laws 1963, ch. 315, § 8; 1979, ch. 8, § 2.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 36 - Worthless Checks › Section 30-36-9 - Citizen's complaint; costs.

Where prosecutions are initiated under the Worthless Check Act before any committing magistrate, the party applying for the warrant is liable for costs accruing in the event the case is dismissed at his request or for his failure to prosecute.
History:
1953 Comp., § 40-49-9, enacted by Laws 1963, ch. 315, § 9.
ANNOTATIONS
Law reviews.
— For article, "Automatic Stay Provisions of the Bankruptcy Act of 1978," see 13 N.M.L. Rev. 599 (1983).
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 36 - Worthless Checks › Section 30-36-10 - District attorney; processing fee.

A. A district attorney is authorized to assess a processing fee against any person who is convicted of violating Section 30-36-4 NMSA 1978 and against any person who acknowledges violation of that section but for whom prosecution is waived by the district attorney. The processing fee assessed pursuant to this section shall not exceed:
(1) five dollars ($5.00) if the amount of the check, draft or order is less than twenty-five dollars ($25.00);
(2) ten dollars ($10.00) if the amount of the check, draft or order is twenty-five dollars ($25.00) or more but less than one hundred dollars ($100);
(3) thirty dollars ($30.00) if the amount of the check, draft or order is one hundred dollars ($100) or more but less than three hundred dollars ($300);
(4) fifty dollars ($50.00) if the amount of the check, draft or order is three hundred dollars ($300) or more but less than five hundred dollars ($500); and
(5) seventy-five dollars ($75.00) if the amount of the check, draft or order is five hundred dollars ($500) or more.
B. All processing fees collected by a district attorney pursuant to this section shall be transmitted to the administrative office of the district attorneys for credit to the district attorney fund.
History:
Laws 1984, ch. 110, § 4.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 37 - Sexually Oriented Material Harmful to Minors › Section 30-37-2 - Offenses; books; pictures.

It is unlawful for a person to knowingly sell, deliver, distribute, display for sale or provide to a minor, or knowingly to possess with intent to sell, deliver, distribute, display for sale or provide to a minor:
A. any picture, photograph, drawing, sculpture, motion picture film or similar visual representation or image of a person or portion of the human body, or any replica, article or device having the appearance of either male or female genitals which depicts nudity, sexual conduct, sexual excitement or sado-masochistic abuse and which is harmful to minors; or
B. any book, pamphlet, magazine, printed matter however produced or sound recording which contains any matter enumerated in Subsection A of this section or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sado-masochistic abuse and which, taken as a whole, is harmful to minors.
History:
1953 Comp., § 40-50-2, enacted by Laws 1973, ch. 257, § 2.
ANNOTATIONS
Standing to challenge constitutionality.
— Trade association, wholesalers and retailers of books and periodicals had standing to challenge the constitutionality of Section 30-37-2 NMSA 1978 even though no district attorney has made a determination under Section 30-37-4 NMSA 1978 that specific material is harmful to minors and the plaintiffs had not received actual or constructive notice of the district attorney's determination.
Am. Booksellers Ass'n v. Schiff
, 868 F.2d 1199 (10th Cir. 1989).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— In personam or territorial jurisdiction of state court in connection with obscenity prosecution of author, actor, photographer, publisher, distributor or other party whose acts were performed outside the state, 16 A.L.R.4th 1318.
Validity and application of statute exempting nonmanagerial, nonfinancially interested employees from obscenity prosecution, 35 A.L.R.4th 1237.
Musical sound recording as punishable obscenity, 30 A.L.R.5th 718.
Constitutionality of state statutes banning distribution of sexual devices, 94 A.L.R.5th 497.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 37 - Sexually Oriented Material Harmful to Minors › Section 30-37-2.1 - Offenses; retail display.

A. It is unlawful for any person, offering for sale in a retail establishment open to the general public any book, magazine or other printed material the cover of which depicts nudity, sado-masochistic [sadomasochistic] abuse, sexual conduct or sexual excitement and which is harmful to minors, to knowingly exhibit that book, magazine or material in that establishment in such a way that it is on open display to, or within the convenient reach of, minors who may frequent the retail establishment. Such books, magazines or printed materials may be displayed behind an opaque covering which conceals the depiction of nudity, sado-masochistic [sadomasochistic] abuse, sexual conduct or sexual excitement, provided that those books, magazines or printed materials are not within the convenient reach of minors who may frequent the retail establishment.
B. It is unlawful for any person, offering for sale in a retail establishment open to the general public any book, magazine or other printed material the content of which exploits, is devoted to or is principally made up of descriptions or depictions of nudity, sado-masochistic [sadomasochistic] abuse, sexual conduct or sexual excitement and which are harmful to minors, to knowingly exhibit that book, magazine or material in that establishment in such a way that it is within the convenient reach of minors who may frequent the retail establishment.
History:
Laws 1985, ch. 13, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Standing to challenge constitutionality.
— Trade association, wholesalers and retailers of books and periodicals had standing to challenge the constitutionality of Section 30-37-2 NMSA 1978 even though no district attorney has made a determination under Section 30-37-4 NMSA 1978 that specific material is harmful to minors and the plaintiffs had not received actual or constructive notice of the district attorney's determination.
Am. Booksellers Ass'n v. Schiff
, 868 F.2d 1199 (10th Cir. 1989).
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 37 - Sexually Oriented Material Harmful to Minors › Section 30-37-3 - Offenses; motion pictures; plays.

It is unlawful for any person knowingly to exhibit to a minor or knowingly to provide to a minor an admission ticket or pass or knowingly to admit a minor to premises whereon there is exhibited a motion picture, show or other presentation which, in whole or in part, depicts nudity, sexual conduct or sado-masochistic abuse and which is harmful to minors.
History:
1953 Comp., § 40-50-3, enacted by Laws 1973, ch. 257, § 3.
ANNOTATIONS
Lack of essential element in jury instruction resulted in fundamental error.
— Where defendant was charged with unlawful exhibition of motion pictures to a minor pursuant to the Sexually Oriented Material Harmful to Minors Act (Act), in which the State was required to prove that defendant knowingly exhibited a motion picture, the exhibition was to a minor, the motion picture depicts, in whole or in part, nudity, sexual conduct or sado-masochistic abuse, and the motion picture is harmful to minors, but where the state failed to include "harmful to minors" as a separate element of the offense and failed to provide to the jury the definitions of "nudity" or "harmful to minors" as defined in the Act, a rational jury could not find that the motion picture was harmful to minors, an essential element of the offense. The district court therefore fundamentally erred in instructing the jury on the charge of unlawful exhibition of motion pictures to a minor.
State v. Luna
, 2018-NMCA-025, cert. denied.
No bar to retrying defendant where there was sufficient evidence of unlawful exhibition of motion pictures to a minor.
— Where defendant was tried and convicted on the charge of unlawful exhibition of motion pictures to a minor pursuant to the Sexually Oriented Material Harmful to Minors Act (Act), but where the district court erred in instructing the jury on the charged offense, the state was not barred from retrying defendant on that count, because there was sufficient evidence of the charged offense based on evidence that defendant showed the nine-year-old child a movie that depicted female nudity, material which lay jurors may consider harmful to minors.
State v. Luna
, 2018-NMCA-025, cert. denied.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 37 - Sexually Oriented Material Harmful to Minors › Section 30-37-3.1 - Outdoor theaters; offenses.

A. It is unlawful for the owner or operator of an outdoor motion picture theater to show or exhibit any motion picture which in whole or in part depicts unclothed sexual conduct in an outdoor theater unless the exhibitor can prove that the outdoor screen on which the picture is to be shown cannot be seen by any minor who has not taken extraordinary measures to view the screen or who is not within the area provided for those persons who have been admitted by a ticket or pass.
B. As used in this section, "unclothed sexual conduct" means an act of masturbation, homosexuality, sodomy, sexual intercourse or physical contact with a person's unclothed genitals, pubic area or buttocks.
C. The notice provisions of Section 30-37-4 NMSA 1978 shall not apply to this section.
History:
Laws 1983, ch. 152, § 2.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 37 - Sexually Oriented Material Harmful to Minors › Section 30-37-3.3 - Criminal sexual communication with a child; penalty.

A. Criminal sexual communication with a child consists of a person knowingly and intentionally communicating directly with a specific child under sixteen years of age by sending the child obscene images of the person's intimate parts by means of an electronic communication device when the perpetrator is at least four years older than the child.
B. Whoever commits sexual communication with a child is guilty of a fourth degree felony.
C. As used in this section:
(1) "electronic communication device" means a computer, video recorder, digital camera, fax machine, telephone, pager or any other device that can produce an electronically generated image; and
(2) "intimate parts" means the primary genital area, groin, buttocks, anus or breast.
History:
Laws 2007, ch. 67, § 1.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 67, § 2, made the section effective July 1, 2007.
Criminal sexual communication with a child may be committed by delivering the electronic communication device directly to the child.
— This section requires a person to knowingly and intelligently communicate directly with a specific child; the element of communicating directly with a child by means of an electronic communication device may occur through a third-party carrier such as social media, internet forums and message boards, online file-sharing services, text message, or email, and it may also occur by delivering the electronic communication device containing the obscene images directly to the child, so where defendant recorded himself nude and masturbating, saved the files to a digital memory card, placed the memory card in a cell phone which he handed directly to the child victim, claiming that there was a surprise for her on the phone, defendant's actions constituted the crime of criminal sexual communication with a child.
State v. Tufts
, 2016-NMSC-020,
rev'g
2015-NMCA-075, 355 P.3d 32.
Hand-delivery of obscene images not covered by statute.
— Where defendant transferred obscene images of his intimate parts onto a digital memory card and then physically placed the memory card in the child-victim's cell phone, and where the obscene images were never transferred through the cell phone network or transmitted electronically, defendant was wrongly charged and convicted of 30-37-3.3 NMSA 1978, because defendant's conduct did not constitute "sending" by means of an electronic communication device.
State v. Tufts
, 2015-NMCA-075, cert. granted, 2015-NMCERT-006.