reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 37 - Sexually Oriented Material Harmful to Minors › Section 30-37-5 - Exclusions; defenses.

No person shall be guilty of violating the provisions of this act:
A. where such person had reasonable cause to believe that the minor involved had reached his eighteenth birthday, and such minor exhibited to such person a draft card, driver's license, birth certificate or other official or apparently official document purporting to establish that such minor had reached his eighteenth birthday; or
B. if the minor was accompanied by his parent or guardian, or the parent or guardian has in writing waived the application of this act either generally or with reference to the particular transaction; or
C. where such person had reasonable cause to believe that the person was the parent or guardian of the minor; or
D. where such person is a bona fide school, museum or public library, or is acting in his capacity as an employee of such organization, or as a retail outlet affiliated with and serving the educational purposes of such organization.
History:
1953 Comp., § 40-50-5, enacted by Laws 1973, ch. 257, § 5.
ANNOTATIONS
Compiler's notes.
— The term "this act" means Laws 1973, Chapter 257, which appears as 30-37-1, 30-37-2, 30-37-3, 30-37-4 to 30-37-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 37 - Sexually Oriented Material Harmful to Minors › Section 30-37-6 - Offenses by minor.

A. It is unlawful for any minor to falsely represent to any person mentioned in Section 2 or Section 3 [30-37-2 or 30-37-3 NMSA 1978] of this act, or to his agent, that such minor has reached his eighteenth birthday, with the intent to procure any material set forth in Section 2 of this act, or with the intent to procure such minor's admission to any motion picture, show or other presentation, as set forth in Section 3 of this act.
B. It is unlawful for any person to knowingly make a false representation to any person mentioned in Section 2 or Section 3 of this act, or to his agent, that he is the parent or guardian of any minor, or that any minor has reached his eighteenth birthday, with the intent to procure any material set forth in Section 2 of this act, or with the intent to procure such minor's admission to any motion picture, show or other presentation, as set forth in Section 3 of this act.
History:
1953 Comp., § 40-50-6, enacted by Laws 1973, ch. 257, § 6.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 37 - Sexually Oriented Material Harmful to Minors › Section 30-37-7 - Penalties.

A. A person violating Section 30-37-2, 30-37-2.1, 30-37-3 or 30-37-3.1 NMSA 1978 is guilty of a misdemeanor.
B. Any person violating the provisions of Section 30-37-6 NMSA 1978 shall be guilty of a petty misdemeanor.
History:
1953 Comp., § 40-50-7, enacted by Laws 1973, ch. 257, § 7; 1983, ch. 152, § 3; 1985, ch. 13, § 2.
ANNOTATIONS
Cross references.
— For sentencing for misdemeanors,
see
31-19-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 37 - Sexually Oriented Material Harmful to Minors › Section 30-37-8 - Uniform application.

In order to provide for the uniform application of this act to all minors within this state, it is intended that the sole and only regulation of the sale, distribution or provision of any matter described in Section 2 [30-37-2 NMSA 1978], or admission to, or exhibition of, any performance described in Section 3 [30-37-3 NMSA 1978], shall be under this act, and no municipality, county or other governmental unit within this state shall make any law, ordinance or regulation relating to the sale, distribution or provision of any matter described in Section 2, or admission to any performance described in Section 3, including but not limited to criminal offenses, classification of suitable matter or performances for minors, or licenses or taxes respecting the sale, distribution, exhibition or provision of matter regulated under this act. All such laws, ordinances, regulations, taxes or licenses, whether enacted before or after this act, shall be or become void, unenforceable and of no effect upon the effective date of this act.
History:
1953 Comp., § 40-50-8, enacted by Laws 1973, ch. 257, § 8.
ANNOTATIONS
Compiler's notes.
— The term "this act" means Laws 1973, Chapter 257, which appears as 30-37-1, 30-37-2, 30-37-3, 30-37-4 to 30-37-8 NMSA 1978.
"Effective date of this act".
— The phrase "effective date of this act", referred to at the end of this section, means June 15, 1973, the effective date of Laws 1978, Chapter 257.
Preemption by state.
— So that there will be uniform application of the state plan regulating sexually oriented material harmful to minors, the state has preempted county and municipal regulation of the field.
Am. Booksellers Ass'n v. Schiff
, 649 F. Supp. 1009 (D.N.M. 1986),
rev'd on other grounds
, 868 F.2d 1199 (10th Cir. 1989).
The state has preempted this field as far as it pertains to minors, and no county or municipality may enact ordinances on this subject matter. 1973 Op. Att'y Gen. No. 73-54.
Sections 30-37-2 and 30-37-3 NMSA 1978 so fully cover the field that it is not conceivable that a county or municipal ordinance could be drafted that would not offend the prohibitions of this section. 1973 Op. Att'y Gen. No. 73-54.
Powers retained by localities.
— In enacting Laws 1973, ch. 257, the legislature intended for counties and municipalities to retain any grant of power they have to make ordinances in the obscenity field not inconsistent with the provisions of this section. 1973 Op. Att'y Gen. No. 73-54.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Motion pictures: exhibition of obscene motion pictures as nuisance, 50 A.L.R.3d 969.
Validity of statutes or ordinances requiring sex-oriented businesses to obtain operating licenses, 8 A.L.R.4th 130.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 37 - Sexually Oriented Material Harmful to Minors › Section 30-37-9 - Legislative findings and purpose.

The legislature finds that children do not have the judgment necessary to protect themselves from harm and that the legislature has the inherent power to control commercial conduct within this state for the protection of minors in a manner that reaches beyond the scope of its authority to protect adults. The legislature also finds that regulation of content at outdoor theaters does not deprive adults from viewing that content at indoor theaters.
History:
Laws 1983, ch. 152, § 1.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 37 - Sexually Oriented Material Harmful to Minors › Section 30-37-10 - Offenses; certain tie-in arrangements unlawful.

A. It is unlawful for any person offering for sale, selling or distributing books, magazines or other printed material to require, as a condition for any such sale or delivery, that the purchaser or receiver of the delivery purchase or accept the delivery of any other book, magazine or other printed matter which contains sexually oriented material harmful to minors as defined in Subsection F of Section 30-37-1 NMSA 1978. Nothing in this subsection prohibits the sale or purchase on a voluntary basis of books, magazines or other printed material containing sexually oriented material.
B. Any person violating the provisions of Subsection A of this section shall be guilty of a misdemeanor.
History:
Laws 1985, ch. 134, § 1.
ANNOTATIONS
Cross references.
— For sentencing for petty misdemeanors,
see
31-19-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 37A - Unauthorized Distribution of Sensitive Images › Section 30-37A-1 - Unauthorized distribution of sensitive images; penalties.

A. Unauthorized distribution of sensitive images consists of distributing, publishing or otherwise making available, by an electronic communications device or other means, sensitive images of a person, with or without information identifying that person, without that person's consent:
(1) with the intent to:
(a) harass, humiliate or intimidate that person;
(b) incite another to harass, humiliate or intimidate that person;
(c) cause that person to reasonably fear for that person's own or family members' safety;
(d) cause that person to suffer unwanted physical contact or injury; or
(e) cause that person to suffer substantial emotional distress; and
(2) where the conduct is such that it would cause a reasonable person to suffer substantial emotional distress.
B. For the purpose of this section:
(1) "electronic communications device" means a computer, an internet web site or page, a video recorder, a digital camera, a fax machine, a telephone, a cellular telephone, a pager or any other device that can produce an electronically generated image, message or signal;
(2) "information service" means a service offering the capability of generating, acquiring, storing, transforming, processing, publishing, retrieving, utilizing or making available information;
(3) "interactive computer service" means any information service, system or access software provider that provides or enables computer access by multiple users;
(4) "intimate act" has the same meaning as "sexual act", as that term is defined in Section 30-9-2 NMSA 1978;
(5) "sensitive images" means images, photographs, videos or other likenesses depicting or simulating an intimate act or depicting any portion of a person's genitals, or of a woman's breast below the top of the areola, that is either uncovered or visible through less-than-fully opaque clothing, which images may reasonably be considered to be private, intimate or inappropriate for distribution or publication without that person's consent; and
(6) "telecommunications provider" has the same meaning as set forth in Section 63-7-23 NMSA 1978.
C. Whoever commits unauthorized distribution of sensitive images is guilty of a misdemeanor. Upon a second or subsequent conviction, the offender is guilty of a fourth degree felony.
D. Nothing in this section shall be construed to impose liability on:
(1) an interactive computer service, an information service or a telecommunications provider for content provided by another person; or
(2) a person who reproduces, distributes, exhibits, publishes, transmits or otherwise disseminates content in furtherance of a legitimate public purpose, including the compilation or dissemination of news by newspapers and licensed broadcasters.
History:
Laws 2015, ch. 42, § 1.
ANNOTATIONS
Effective dates.
— Laws 2015, ch. 42, § 2 made Laws 2015, ch. 42, § 1 effective July 1, 2015.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 38 - Exhibiting Obscene Films Outdoors › Section 30-38-1 - Outdoor motion picture theatres; prohibited from showing obscene films.

A. It is unlawful for the owner or operator of an outdoor motion picture theatre to exhibit any obscene film in an outdoor theatre.
B. For purposes of this section, "obscene film" means a film that:
(1) the average person applying contemporary community standards would find that, when considered or taken as a whole, appeals to the prurient interests;
(2) the material depicts or describes sexual conduct in a patently offensive way by representations of ultimate sexual acts, normal or perverted, actual or simulated; masturbation, excretory functions or lewd exhibitions of the genitals of oneself or another; tactile stimulation of the genitals of oneself or another; and
(3) the work when considered or taken as a whole lacks serious literary, artistic, political or scientific value.
C. It is unlawful for any person to violate the provisions of Subsection A of this section. In the event a person violates the provisions of Subsection A of this section any representative of the local government involved may, upon notice to the offending person, seek an injunction in the district court to enjoin the showing of the offending film.
History:
1953 Comp., § 49-5-23, enacted by Laws 1977, ch. 241, § 1.
ANNOTATIONS
Cross references.
— For issuance of injunctions,
see
Rules 1-065 and 1-066 NMRA.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Validity and application of statute authorizing forfeiture of use or closure of real property from which obscene materials have been disseminated or exhibited, 25 A.L.R.4th 395.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 38 - Exhibiting Obscene Films Outdoors › Section 30-38-2 - Applicability.

The provisions of Section 1 [30-38-1 NMSA 1978] of this act shall only be enforced in those political subdivisions that have adopted by ordinance the provisions of Section 1 of this act. Any ordinance that has been adopted by a political subdivision that is in conflict with the provisions of Section 1 of this act shall be void. In the event a county adopts by ordinance the provisions of Section 1 of this act, those provisions shall not be enforceable by the county within the territorial boundaries of any incorporated municipality located in the county.
History:
1953 Comp., § 49-5-24, enacted by Laws 1977, ch. 241, § 2.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 39 - False Reporting › Section 30-39-1 - False report; penalty.

It is unlawful for any person to intentionally make a report to a law enforcement agency or official, which report he knows to be false at the time of making it, alleging a violation by another person of the provisions of the Criminal Code [30-1-1 NMSA 1978]. Any person violating the provisions of this section is guilty of a misdemeanor.
History:
Laws 1979, ch. 145, § 1.
ANNOTATIONS
Intent.
— Section 30-39-1 NMSA 1978 refers to a false accusation of another. The purpose for making a false report is immaterial. The act alone is unlawful, and it is a misdemeanor offense. But when a false report is given which not only interrupts or hinders official investigation or activity, but is done with the opprobrious intention of aiding an offender to escape the criminal process, that intentional conduct rises to the magnitude of a felony.
State v. Rogers
, 1980-NMCA-059, 94 N.M. 527, 612 P.2d 1338, cert. denied, 94 N.M. 629, 614 P.2d 546.
Applicability.
— By its plain language, this section applies only if a person falsely alleges a criminal violation by someone other than the person making the allegation. The statute does not apply to situations where an individual falsely assumes the responsibility for a criminal offense.
State v. Gardner
, 1991-NMCA-058, 112 N.M. 280, 814 P.2d 458, cert. denied, 112 N.M. 235, 814 P.2d 103.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 40 - Public Assistance › Section 30-40-2 - Unlawful use of food stamp identification card or medical identification card.

A. Unlawful use of food stamp identification card or medical identification card consists of the use of a food stamp or medical identification card by a person to whom it has not been issued, or who is not an authorized representative of the person to whom it has been issued, for a food stamp allotment.
B. Whoever commits unlawful use of food stamp identification card or medical identification card when the value of the food stamps or medical services wrongfully received is two hundred fifty dollars ($250) or less is guilty of a petty misdemeanor.
C. Whoever commits unlawful use of food stamp identification card or medical identification card when the value of the food stamps or medical services wrongfully received is more than two hundred fifty dollars ($250) but not more than five hundred dollars ($500) is guilty of a misdemeanor.
D. Whoever commits unlawful use of food stamp identification card or medical identification card when the value of the food stamps or medical services wrongfully received is more than five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500) is guilty of a fourth degree felony.
E. Whoever commits unlawful use of food stamp identification card or medical identification card when the value of the food stamps or medical services wrongfully received is more than two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000) is guilty of a third degree felony.
F. Whoever commits unlawful use of food stamp identification card or medical identification card when the value of the food stamps or medical services wrongfully received exceeds twenty thousand dollars ($20,000) is guilty of a second degree felony.
G. For the purpose of this section, the value of the medical assistance received is the amount paid by the human services department [health care authority department] for medical services received through use of the medical identification card.
History:
Laws 1979, ch. 170, § 2; 1987, ch. 121, § 13; 2006, ch. 29, § 19.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department.
The 2006 amendment,
effective July 1, 2006, increased the value of the stamps or services in Subsection B from $100 to $250; increased the value of the stamps or services in Subsection C from more than $100 but not more than $250 to more than $250 but not more than $500; and increased the value of the stamps or services in Subsection D from more than $250 to more than $500.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Liability of state or federal government for losses associated with distribution of food stamps, 116 A.L.R. Fed. 457.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 40 - Public Assistance › Section 30-40-3 - Misappropriating public assistance.

A. Misappropriating public assistance consists of a public officer or public employee fraudulently misappropriating, attempting to misappropriate or aiding and abetting in the misappropriation of food stamp coupons, WIC checks pertaining to the special supplemental food program for women, infants and children administered by the human services department [health care authority department], food stamp or medical identification cards, public assistance benefits or funds received in exchange for food stamp coupons.
B. Whoever commits misappropriating public assistance when the value of the thing misappropriated is two hundred fifty dollars ($250) or less is guilty of a petty misdemeanor.
C. Whoever commits misappropriating public assistance when the value of the thing misappropriated is more than two hundred fifty dollars ($250) but not more than five hundred dollars ($500) is guilty of a misdemeanor.
D. Whoever commits misappropriating public assistance when the value of the thing misappropriated is more than five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500) is guilty of a fourth degree felony.
E. Whoever commits misappropriating public assistance when the value of the thing misappropriated is more than two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000) is guilty of a third degree felony.
F. Whoever commits misappropriating public assistance when the value of the thing misappropriated exceeds twenty thousand dollars ($20,000) is guilty of a second degree felony.
G. Whoever commits misappropriating public assistance when the item misappropriated is a food stamp or medical identification card is guilty of a fourth degree felony.
History:
Laws 1979, ch. 170, § 3; 1987, ch. 121, § 14; 2006, ch. 29, § 20.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department.
The 2006 amendment,
effective July 1, 2006, increased the value of the thing misappropriated in Subsection B from $100 to $250; increased the value of the thing misappropriated in Subsection C from more than $100, but not more than $250, and to more than $250, but not more than $500; and increased the value of the thing misappropriated in Subsection D from more than $250 to more than $500.
"Public employee" construed.
— Defendant, a workfare participant placed with a public agency, was not a "public employee" for purposes of this section.
State v. Dartez
, 1998-NMCA-009, 124 N.M. 455, 952 P.2d 450, cert. denied, 124 N.M. 311, 950 P.2d 284.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 40 - Public Assistance › Section 30-40-4 - Making or permitting a false claim for reimbursement for public assistance services.

A. Making or permitting a false claim for reimbursement of public assistance services consists of knowingly making, causing to be made or permitting to be made a claim for reimbursement for services provided to a recipient of public assistance for services not rendered or making a false material statement or forged signature upon any claim for services, with intent that the claim shall be relied upon for the expenditure of public money.
B. Whoever commits making or permitting a false claim for reimbursement for public assistance services is guilty of a fourth degree felony.
History:
Laws 1979, ch. 170, § 4.
ANNOTATIONS
Effect of conviction.
— When a dentist was convicted of four counts of making or permitting a false claim for reimbursement for public assistance services, a conviction itself, as distinguished from the underlying conduct, is a sufficient basis for revoking a dental license.
Weiss v. New Mexico Bd. of Dentistry
, 1990-NMSC-077, 110 N.M. 574, 798 P.2d 175.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— When does statute of limitations begin to run in action under False Claims Act (31 USCS §§ 3729-3733), 139 A.L.R. Fed. 645.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 40 - Public Assistance › Section 30-40-5 - Unlawful seeking [of] payment from public assistance recipients.

A. Unlawful seeking [of] payment from public assistance recipients consists of knowingly seeking payment from recipients or their families for any unpaid portion of a bill for which reimbursement has been or will be received from the human services department [health care authority department] or for claims or services denied by the human services department [health care authority department] because of provider [the provider's] administrative error.
B. Whoever commits unlawful seeking [of] payment from [a] public assistance recipient is guilty of a misdemeanor.
History:
Laws 1979, ch. 170, § 5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 40 - Public Assistance › Section 30-40-6 - Failure to reimburse the human services department [health care authority department] upon receipt of third party payment.

A. Failure to reimburse the human services department [health care authority department] upon receipt of third party payment consists of knowing failure by a medicaid provider to reimburse the human services department [health care authority department] or the department's fiscal agent the amount of payment received from the department for services when the provider receives payment for the same services from a third party.
B. A medicaid provider who commits failure to reimburse the human services department [health care authority department] upon receipt of third party payment when the value of the payment made by the department is two hundred fifty dollars ($250) or less is guilty of a petty misdemeanor.
C. A medicaid provider who commits failure to reimburse the human services department [health care authority department] upon receipt of third party payment when the value of the payment made by the department is more than two hundred fifty dollars ($250) but not more than five hundred dollars ($500) is guilty of a misdemeanor.
D. A medicaid provider who commits failure to reimburse the human services department [health care authority department] upon receipt of third party payment when the value of the payment made by the department is more than five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500) is guilty of a fourth degree felony.
E. A medicaid provider who commits failure to reimburse the human services department [health care authority department] upon receipt of third party payment when the value of the payment made by the department is more than two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000) is guilty of a third degree felony.
F. A medicaid provider who commits failure to reimburse the human services department [health care authority department] upon receipt of third party payment when the value of the payment made by the department exceeds twenty thousand dollars ($20,000) is guilty of a second degree felony.
History:
Laws 1979, ch. 170, § 6; 1987, ch 121, § 15; 2006, ch. 29, § 21.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department.
The 2006 amendment,
effective July 1, 2006, increased the value of the payment in Subsection B from $100 to $250; increased the value of the payment in Subsection C from more than $100, but not more than $250, and to more than $250, but not more than $500; and increased the value of the payment in Subsection D from more than $250 to more than $500.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 40 - Public Assistance › Section 30-40-7 - Failure to notify the department of receipt of anything of value from public assistance recipient.

Any employee of the human services department [health care authority department] who knowingly receives anything of value, other than as provided by law, from either a recipient of public assistance or from the family of a public assistance recipient shall notify the department within ten days after such receipt on a form provided by the department. Whoever fails to so notify the department within ten days is guilty of a petty misdemeanor.
History:
Laws 1979, ch. 170, § 7.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 41 - Kickback, Bribe or Rebate › Section 30-41-1 - Soliciting or receiving illegal kickback.

Whoever knowingly solicits or receives any remuneration in the form of any kickback, bribe, or rebate, directly or indirectly, overtly or covertly, in cash or in kind from a person:
A. in return for referring an individual to that person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part with public money; or
B. in return for purchasing, leasing, ordering, or arranging for or recommending purchasing, leasing, or ordering any goods, facilities, services, or items for which payment may be made in whole or in part with public money, shall be guilty of a fourth degree felony.
History:
Laws 1979, ch. 384, § 1.
ANNOTATIONS
Cross references.
— For civil penalties for kickbacks or bribes,
see
13-1-198 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Construction and application of § 2C1.1 of United States Sentencing Guidelines (18 USCS APPX § 2C1.1) pertaining to offenses involving public officials offering, giving, soliciting, or receiving bribes, or extortion under color of official right, 144 A.L.R. Fed. 615.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 41 - Kickback, Bribe or Rebate › Section 30-41-2 - Offering or paying illegal kickback.

Whoever knowingly offers or pays any remuneration in the form of any kickback, bribe, or rebate, directly or indirectly, overtly or covertly, in cash or in kind to any person to induce such person:
A. to refer an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part with public money; or
B. to purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering any goods, facilities, services, or items for which payment may be made in whole or in part with public money, shall be guilty of a fourth degree felony.
History:
Laws 1979, ch. 384, § 2.
ANNOTATIONS
Cross references.
— For civil penalties for kickbacks or bribes,
see
13-1-198 NMSA 1978.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 41 - Kickback, Bribe or Rebate › Section 30-41-3 - Exceptions.

This act [30-41-1 to 30-41-3 NMSA 1978] shall not apply to:
A. a discount or other reduction in price obtained by a provider of services or other entity if the reduction in price is properly disclosed and appropriately reflected in the costs claimed or charges made by the provider or entity; or
B. any amount paid by an employer to an employee who has a bona fide employment relationship with such employer for employment in the provision of covered items or services.
History:
Laws 1979, ch. 384, § 3.
ANNOTATIONS
Cross references.
— For civil penalties for kickbacks or bribes,
see
13-1-198 NMSA 1978.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 42 - Racketeering › Section 30-42-1 - Short title.

This act [30-42-1 to 30-42-6 NMSA 1978] may be cited as the "Racketeering Act".
History:
Laws 1980, ch. 40, § 1.
ANNOTATIONS
Law reviews.
— For note, "Criminal Procedure - New Mexico Denies Fifth Amendment Protection to Corporations:
John Doe and Five Unnamed Corporations v. State ex rel. Governor's Organized Crime Prevention Commission,"
see 23 N.M.L. Rev. 315 (1993).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Validity, construction, and application of Racketeer Influenced and Corrupt Organization Act, 18 U.S.C.A. § 1961 et seq. - supreme court cases, 171 A.L.R. Fed. 1
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 42 - Racketeering › Section 30-42-2 - Purpose.

The purpose of the Racketeering Act is to eliminate the infiltration and illegal acquisition of legitimate economic enterprise by racketeering practices and the use of legal and illegal enterprises to further criminal activities.
History:
Laws 1980, ch. 40, § 2.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 42 - Racketeering › Section 30-42-5 - Enforcement authority.

The attorney general and the district attorneys of New Mexico shall each have authority to enforce the criminal provisions of the Racketeering Act by initiating investigations, assisting grand juries, obtaining indictments, filing informations and complaints and prosecuting criminal cases.
History:
Laws 1980, ch. 40, § 5.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 42 - Racketeering › Section 30-42-6 - Racketeering; civil remedies.

A. A person who sustains injury to his person, business or property by a pattern of racketeering activity may file an action in the district court for the recovery of three times the actual damages proved and the costs of the suit, including reasonable attorney's fees.
B. The state may file an action on behalf of those persons injured or to prevent, restrain or remedy racketeering as defined by the Racketeering Act.
C. The district court has jurisdiction to prevent, restrain and remedy racketeering as defined in Subsection A of Section 30-42-3 NMSA 1978 after making provision for the rights of all innocent persons affected by such violation and after hearing or trial, as appropriate, by issuing appropriate orders. Prior to a determination of liability, such orders may include but are not limited to entering restraining orders or prohibitions or taking such other actions, including the acceptance of satisfactory performance bonds, in connection with any property or other interest subject to damages, forfeiture or other restraints pursuant to this section as it deems proper.
D. Following a determination of liability, such orders may include but are not limited to:
(1) ordering any person to divest himself of any interest, direct or indirect, in any enterprise;
(2) imposing reasonable restrictions on the future activities or investments of any person;
(3) ordering dissolution or reorganization of any enterprise;
(4) ordering the payment of three times the damages proved to those persons injured by racketeering; and
(5) ordering the payment of all costs and expenses of the prosecution and investigation of any offense included in the definition of racketeering incurred by the state to be paid to the general fund of New Mexico.
History:
1978 Comp., § 30-42-6, enacted by Laws 1980, ch. 40, § 6.
ANNOTATIONS
Plaintiff must show actual injury.
— To state a claim under this section, plaintiff must allege an actual injury; mere conclusory allegations that a prison warden jeopardized safety of employees and inmates by failing to enforce provisions of a food service contract did not meet the "actual injury" requirement.
Peterson v. Shanks
, 149 F.3d 1140 (10th Cir. 1998).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Civil action for damages under state Racketeer Influenced and Corrupt Organizations Act (RICO) for losses from racketeering activity, 62 A.L.R.4th 654.
Civil action for damages under 18 USCS § 1964(c) of the Racketeer Influenced and Corrupt Organizations Act (RICO, 18 USCS §§ 1961 et seq.) for injuries sustained by reason of racketeering activity, 70 A.L.R. Fed. 538.
Recovery of damages for personal injuries in civil action for damages under Racketeer Influenced and Corrupt Organizations Act (18 USCS § 1964(c)), 96 A.L.R. Fed. 881.
Liability, under Racketeer Influenced and Corrupt Organizations Act (RICO) (18 USCS §§ 1961-1968), for retaliation against employee for disclosing or refusing to commit wrongful act, 100 A.L.R. Fed. 657.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 43 - Loan Sharking › Section 30-43-2 - Definitions.

As used in the Loan Sharking Act:
A. "creditor" means any person making an extension of credit or any person claiming by, under or through any person making an extension of credit;
B. "debtor" means any person to whom an extension of credit is made or any person who guarantees the repayment of an extension of credit, or in any manner undertakes to indemnify the creditor against loss resulting from the failure of any person to whom an extension is made to repay the same;
C. "extortionate extension of credit" means any extension of credit with respect to which it is the understanding of the creditor and the debtor at the time it is made that delay in making repayment or failure to make repayment could result in the use of violence or other criminal acts other than petty misdemeanors to cause harm to the person, reputation or property of any person;
D. "extortionate means" means the use, or an express or implicit threat of use, of violence or other criminal acts other than petty misdemeanors to cause harm to the person, reputation or property of any person;
E. "to collect an extension of credit" means to induce in any way any person to make repayment of one extension of credit;
F. "to extend credit" means to make or renew any loan or to enter into any agreement, tacit or express, whereby the repayment or satisfaction of any debt or claim, whether acknowledged or disputed, valid or invalid and however arising, may or shall be deferred; and
G. "repayment of any extension of credit" means the repayment, satisfaction or discharge in whole or in part of any debt or claim, acknowledged or disputed, valid or invalid, resulting from or in connection with that extension of credit.
History:
Laws 1980, ch. 39, § 2.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 43 - Loan Sharking › Section 30-43-3 - Making extortionate extensions of credit.

A. Any person who makes or conspires or attempts to make an extortionate extension of credit is guilty of a third degree felony.
B. In any prosecution pursuant to this section, if it is shown that all of the following factors were present in connection with the extension of credit, there is prima facie evidence that the extension of credit was extortionate:
(1) the extension of credit was made at a rate of interest in excess of an annual rate of forty-five percent calculated according to the actuarial method of allocating payments on a debt between principal and interest, pursuant to which a payment is applied first to the accumulated interest and the balance is applied to the unpaid principal;
(2) at the time the extension of credit was made, the debtor reasonably believed either of the following:
(a) one or more extensions of credit by the creditor had been collected by extortionate means or the nonrepayment had been punished by extortionate means; or
(b) the creditor had a reputation for the use of extortionate means to collect extensions of credit or to punish the nonrepayment thereof; and
(3) upon the making of the extension of credit, the total of the extensions of credit by the creditor to the debtor then outstanding, including any unpaid interest or similar charges, exceeded one hundred dollars ($100).
C. In any prosecution pursuant to this section, if evidence has been introduced tending to show the existence of the circumstances described in Paragraph (1) of Subsection B of this section and direct evidence of the actual belief of the debtor as to the creditor's collection practices is not available, then for the purpose of showing the understanding of the debtor and the creditor at the time the extension of credit was made, the court may, pursuant to the New Mexico rules of evidence, in its discretion allow evidence to be introduced tending to show the reputation as to collection practices of the creditor in any community of which the debtor was a member at the time of the extension.
D. Nothing contained in Paragraphs (1) through (3) of Subsection B of this section shall be construed as a requirement for the proof of the existence of an extortionate extension of credit.
History:
Laws 1980, ch. 39, § 3.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 43 - Loan Sharking › Section 30-43-4 - Financing extortionate extensions of credit.

A person who knowingly advances money or property, whether as a gift, loan or investment, to any person with reasonable grounds to believe that it is the intention of that person to use the money or property so advanced, directly or indirectly, for the purpose of making extortionate extensions of credit is guilty of a third degree felony.
History:
Laws 1980, ch. 39, § 4.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 43 - Loan Sharking › Section 30-43-5 - Collection of extensions of credit by extortionate means.

A. A person who knowingly participates or conspires or attempts to participate in the use of any extortionate means to collect any extensions of credit or to cause harm to the person, reputation or property of any person for the nonpayment thereof is guilty of a third degree felony.
B. In any prosecution pursuant to this section, for the purpose of showing an implicit threat as a means of collection, evidence may be introduced tending to show that one or more extensions of credit by the creditor were, to the knowledge of the person against whom the implicit threat was alleged to have been made, collected or attempted to be collected by extortionate means or that the nonpayment resulted in the use of extortionate means.
C. In any prosecution pursuant to this section, if evidence has been introduced tending to show the existence at the time the extension of credit in question was made of the circumstances described in Paragraph (1) of Subsection B of Section 30-43-3 NMSA 1978 and direct evidence of the actual belief of the debtor as to the creditor's collection practices is not available, then for the purpose of showing that words or other means of communication shown to have been employed as a means of collection in fact carried an express or implicit threat, the court may, pursuant to the New Mexico rules of evidence, in its discretion, allow evidence to be introduced tending to show the reputation of the defendant in any community of which the person against whom the alleged threat was made was a member at the time of the collection or attempt at collection.
History:
Laws 1980, ch. 39, § 5.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 44 - Medicaid Fraud › Section 30-44-1 - Short title.

Chapter 30, Article 44 NMSA 1978 may be cited as the "Medicaid Fraud Act".
History:
Laws 1989, ch. 286, § 1; 1997, ch. 98, § 1.
ANNOTATIONS
Cross references.
— For provisions relating to medicaid,
see
27-2-12 NMSA 1978 et seq.
The 1997 amendment,
effective June 20, 1997, substituted "Chapter 30, Article 44 NMSA 1978" for "This act".
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 44 - Medicaid Fraud › Section 30-44-3 - Power to investigate and enforce civil remedies and prosecute criminal actions.

A. The attorney general, the district attorneys, the unit and the department have the power and authority to investigate violations of the Medicaid Fraud Act and bring actions to enforce the civil remedies established in the Medicaid Fraud Act.
B. The attorney general, the district attorneys and those attorneys who are employees of the unit to whom the attorney general or a district attorney has, by appointment made through a joint powers agreement or other agreement for that purpose, delegated criminal prosecutorial responsibility, shall have the power and authority to prosecute persons for the violation of criminal provisions of the Medicaid Fraud Act and for criminal offenses that are not defined in the Medicaid Fraud Act, but that involve or are directly related to the use of medicaid program funds or services provided through medicaid programs.
History:
Laws 1989, ch. 286, § 3; 1991, ch. 79, § 1.
ANNOTATIONS
The 1991 amendment,
effective June 14, 1991, rewrote Subsection B which read "The attorney general, the district attorneys and those persons in the unit who have criminal prosecutorial authority under general law have the power and authority to prosecute persons for the violation of criminal provisions of the Medicaid Fraud Act."
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 44 - Medicaid Fraud › Section 30-44-4 - Falsification of documents; defined; penalties.

A. Falsification of documents consists of:
(1) knowingly making or causing to be made a misrepresentation of a material fact required to be furnished under the program or knowingly failing or causing the failure to include a material fact required to be furnished under the program in any record required to be retained in connection with the program pursuant to the Medicaid Fraud Act or regulations issued by the department for the administration of the program, or both; or
(2) knowingly submitting or causing to be submitted false or incomplete information for the purpose of receiving benefits or qualifying as a provider.
B. Whoever commits the crime of falsification of documents is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
History:
Laws 1989, ch. 286, § 4.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 44 - Medicaid Fraud › Section 30-44-5 - Failure to retain records; defined; penalties.

A. Whoever receives payment for treatment, services or goods under the program shall retain all medical and business records relating to:
(1) the treatment or care of any recipient;
(2) services or goods provided to any recipient;
(3) rates paid by the department under the program on behalf of any recipient; and
(4) any records required to be maintained by regulation of the department for administration of the program.
B. Failure to retain records consists of intentionally failing to retain the records specified in Subsection A of this section for a period of at least five years from the date payment was received or knowingly destroying or causing those records to be destroyed within five years from the date payment was received.
C. Whoever commits the crime of failure to retain records:
(1) is guilty of a misdemeanor if the treatment, services or goods for which records were not retained amounts to not more than one thousand dollars ($1,000) and shall be sentenced pursuant to Section 31-19-1 NMSA 1978;
(2) is guilty of a fourth degree felony if the value of the treatment, services or goods for which records were not retained is more than one thousand dollars ($1,000) and shall be sentenced pursuant to the provisions of Section 13-18-15 [31-18-15] NMSA 1978; and
(3) is guilty of a misdemeanor if the records not retained were used in whole or in part to determine a rate of payment under the program and shall be sentenced pursuant to Section 31-19-1 NMSA 1978.
History:
Laws 1989, ch. 286, § 5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler to correct a typographical error, and is not part of the law.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 44 - Medicaid Fraud › Section 30-44-6 - Obstruction of investigation; defined; penalty.

A. Obstruction of investigation consists of:
(1) knowingly providing false information to, or knowingly withholding information from, any person authorized under the Medicaid Fraud Act to investigate violations of that act or to enforce the criminal or civil remedies of that act where that information is material to the investigation or enforcement; or
(2) knowingly altering any document or record required to be retained pursuant to the Medicaid Fraud Act or any regulation issued by the department, or both, when the alteration is intended to mislead an investigation and concerns information material to that investigation.
B. Whoever commits obstruction of investigation is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
History:
Laws 1989, ch. 286, § 6.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 45 - Computer Crimes › Section 30-45-1 - Short title.

This act [30-45-1 to 30-45-7 NMSA 1978] may be cited as the "Computer Crimes Act".
History:
Laws 1989, ch. 215, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Computer fraud, 70 A.L.R.5th 647.