reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 13 - Violation of Civil Rights › Section 30-13-1 - Disturbing lawful assembly.

Disturbing lawful assembly consists of:
A. disturbing any religious society or any member thereof when assembled or collected together in public worship; or
B. disturbing any meeting of the people assembled for any legal object.
Whoever commits disturbing lawful assembly is guilty of a petty misdemeanor.
History:
1953 Comp., § 40A-13-1, enacted by Laws 1963, ch. 303, § 13-1.
ANNOTATIONS
Due process.
— The language of Subsection B of this section conveys a sufficiently definite warning of the conduct proscribed and is therefore not void for vagueness.
State v. Orzen
, 1972-NMCA-006, 83 N.M. 458, 493 P.2d 768.
Intent of legislature.
— Contention that legislature did not intend this section to apply to conduct formerly covered by 40-12-7, 1953 Comp., was incorrect.
State v. Orzen
, 1972-NMCA-006, 83 N.M. 458, 493 P.2d 768.
Meaning of "disturbing".
— Since the statutory word "disturbing" is not defined, its ordinary meaning was properly applied by the trial court in instruction that term "disturb" meant "to throw into disorder or confusion, to interrupt."
State v. Orzen
, 1972-NMCA-006, 83 N.M. 458, 493 P.2d 768.
Meaning of "meeting".
— Subsection B of this section forbids the disturbance of any meeting of the people assembled for any legal object, that is, any gathering for business, social or other purposes if the object of the gathering is legal.
State v. Orzen
, 1972-NMCA-006, 83 N.M. 458, 493 P.2d 768.
Basketball game spectators as "meeting".
— The people assembled to view a basketball game constituted a "meeting" within meaning of this section.
State v. Orzen
, 1972-NMCA-006, 83 N.M. 458, 493 P.2d 768.
Basketball game players as "meeting".
— Players in basketball game were a meeting of people assembled for a lawful object.
State v. Orzen
, 1972-NMCA-006, 83 N.M. 458, 493 P.2d 768.
Evidence sufficient.
— Evidence that basketball game was delayed 35 to 40 minutes by necessity of removing debris and liquids from playing surface was substantial evidence that meeting of the players and meeting of the spectators to view the game were interrupted.
State v. Orzen
, 1972-NMCA-006, 83 N.M. 458, 493 P.2d 768.
Evidence that the defendants threw objects when others also threw them, and also evidence from which community of intent could be reasonably inferred, was sufficient for the issue of aiding and abetting those who threw far enough so that objects landed on the playing surface of the courts to be submitted to the jury.
State v. Orzen
, 1972-NMCA-006, 83 N.M. 458, 493 P.2d 768.
Aiding and abetting.
— Although charged with disturbing meeting under this section, defendants could be convicted of aiding and abetting that disturbance.
State v. Orzen
, 1972-NMCA-006, 83 N.M. 458, 493 P.2d 768.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 24 Am. Jur. 2d Disturbing Meetings §§ 1 to 11.
Conduct amounting to offense of disturbing religious meeting, 12 A.L.R. 650.
Prohibition or limitation on display of signs by employees as unfair labor practices, 86 A.L.R. Fed. 321.
27 C.J.S. Disturbance of Public Meetings § 1.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 13 - Violation of Civil Rights › Section 30-13-2 - Denial of service by a utility.

Denial of service by a utility consists of any utility refusing to furnish service to another in the area served by such utility. Utility as used in this section is defined as any person furnishing to the public: water, power, telephone or gas. Provided such utility may lawfully refuse its services if:
A. the person to be served has not tendered an amount of money required for the expense of construction, if construction is necessary for furnishing the utilities; or
B. the person has not tendered the amount of money due for the use of such utilities.
Whoever commits denial of services [service] by a utility is guilty of a petty misdemeanor.
History:
1953 Comp., § 40A-13-2, enacted by Laws 1963, ch. 303, § 13-2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Disputed claim.
— A public service corporation could not cut off a supply of water or electricity to enforce payment of a disputed claim.
Miller v. Roswell Gas & Elec. Co
., 1917-NMSC-034, 22 N.M. 594, 166 P. 1177 (decided under prior law).
Section assumes that customer has right to demand service.
— If a customer's installation has not passed or would not pass electrical inspection, he has no right to demand service of utility. 1969 Op. Att'y Gen. No. 69-81.
Duty to refuse service.
— A utility has a positive duty to refuse service to a customer whose wiring is known by the utility to be in a dangerous or defective condition. 1969 Op. Att'y Gen. No. 69-81.
Defense to prosecution.
— Compliance with rules of the public service commission permitting a public utility to discontinue service immediately in the event of a condition determined by the utility to be hazardous would be a defense to a criminal action upon a refusal to render electric service, but the burden would be upon the utility to produce some evidence that the condition was actually hazardous and to prove the existence of the rule itself. 1969 Op. Att'y Gen. No. 69-81.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 74 Am. Jur. 2d Telecommunications §§ 61, 62; 78 Am. Jur. 2d Waterworks and Water Companies § 15, 47 to 49.
Discontinuance: right of public utility to discontinue line or branch on ground that it is unprofitable, 10 A.L.R.2d 1121.
29 C.J.S. Electricity § 25; 38A C.J.S. Gas § 46 et seq.; 86 C.J.S. Telegraphs, Telephones, Radio and Television §§ 65, 68, 69; 94 C.J.S. Waters §§ 278 to 280.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 13 - Violation of Civil Rights › Section 30-13-3 - Blacklisting.

Blacklisting consists of an employer or his agent preventing or attempting to prevent a former employee from obtaining other employment.
Whoever commits blacklisting is guilty of a misdemeanor.
Upon request, an employer may give an accurate report or honest opinion of the qualifications and the performance of a former employee. An employer is defined as any person employing labor or the agent of such person.
History:
1953 Comp., § 40A-13-3, enacted by Laws 1963, ch. 303, § 13-3.
ANNOTATIONS
Cross references.
— For criminal libel,
see
30-11-1 NMSA 1978.
For constitutional provision guaranteeing freedom of speech and of the press, and making truth a defense in criminal prosecutions for libel,
see
N.M. Const., art. II, § 17.
Union affiliation.
— Workers could not be dismissed from employment because of their labor union affiliations. Phelps Dodge Corp. v. NLRB, 313 U.S. 177, 61 S. Ct. 845, 85 L. Ed. 1271 (1941).
Law reviews.
— For comment, "Public Accommodations in New Mexico: The Right to Refuse Service for Reasons Other Than Race or Religion," see 10 Nat. Resources J. 635 (1970).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 48 Am. Jur. 2d Labor and Labor Relations § 669.
Blacklist, libel or slander, 66 A.L.R. 1499.
Publication of libel by blacklist for purpose of statute of limitation, 42 A.L.R.3d 807.
Validity, construction, and operation of state blacklisting statutes, 95 A.L.R.5th 1.
Federal pre-emption of whistleblower's state-law action for wrongful retaliation, 99 A.L.R. Fed. 775.
Who has "participated" in investigation proceeding or hearing and is thereby protected from retaliation under § 704(a) of Title VII of Civil Rights Act of 1964 (42 USCA § 2000e-3(a)), 149 A.L.R. Fed. 431.
51 C.J.S. Labor Relations § 8; 30 C.J.S. Employer-Employee § 58.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 13 - Violation of Civil Rights › Section 30-13-4 - Unlawful payment of wages in script.

Unlawful payment of wages in script consists of any person selling, giving or delivering, or in any manner issuing, directly or indirectly, to any person employed by him, and in payment for wages due, any script, draft, order or other evidence of indebtedness payable or redeemable otherwise than in lawful money of the United States.
Whoever commits unlawful payment of wages in script is guilty of a misdemeanor.
History:
1953 Comp., § 40A-13-4, enacted by Laws 1963, ch. 303, § 13-4.
ANNOTATIONS
Cross references.
— For payment of wages,
see
50-4-1 NMSA 1978 et seq.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 48A Am. Jur. 2d Labor and Labor Relations § 4196 et seq.
51B C.J.S. Labor Relations § 1179.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 13 - Violation of Civil Rights › Section 30-13-5 - Unlawful coercion of employees.

Unlawful coercion of employees consists of any person employing labor, or any agent of such employer, compelling or coercing, directly or indirectly, any employee to buy goods or trade with any particular store, business or person.
Whoever commits unlawful coercion of employees is guilty of a misdemeanor.
History:
1953 Comp., § 40A-13-5, enacted by Laws 1963, ch. 303, § 13-5.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 51 C.J.S. Labor Relations § 9; 51B C.J.S. Labor Relations § 1009.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 14 - Trespass › Section 30-14-1.1 - Types of trespass; injury to realty; civil damages.

A. Any person who enters and remains on the lands of another after having been requested to leave is guilty of a misdemeanor.
B. Any person who enters upon the lands of another when such lands are posted against trespass at every roadway or apparent way of access is guilty of a misdemeanor.
C. Any person who drives a vehicle upon the lands of another except through a roadway or other apparent way of access, when such lands are fenced in any manner, is guilty of a misdemeanor.
D. In the event any person enters upon the lands of another without prior permission and injures, damages or destroys any part of the realty or its improvements, including buildings, structures, trees, shrubs or other natural features, he shall be liable to the owner, lessee or person in lawful possession for damages in an amount equal to double the amount of the appraised value of the damage of the property injured or destroyed.
History:
Laws 1979, ch. 186, § 2; 1983, ch. 27, § 3.
ANNOTATIONS
The 1983 amendment
deleted "petty" preceding "misdemeanor" in Subsections A to C.
Surface lessee of land had no standing to sue for trespass and unjust enrichment.
— Where plaintiff leased land for purposes of ranching and defendants pumped salt water from beyond the boundaries of the land into a disposal well on the land without the knowledge or consent of plaintiff, plaintiff did not have standing to sue defendants for trespass or unjust enrichment.
McNeill v. Rice Eng. & Operating, Inc
., 2010-NMSC-015, 148 N.M. 16, 229 P.3d 489.
Owner of land had no standing to sue for trespass for use of land prior to owner's acquisition of the land.
— Where defendants pumped salt water from beyond the boundaries of plaintiff's land into a disposal well on plaintiff's land without the knowledge or consent of plaintiff or plaintiff's predecessor in interest, plaintiff did not have standing to sue defendants for trespass for acts that occurred prior to the time plaintiff owned the land.
McNeill v. Rice Eng. & Operating, Inc
., 2010-NMSC-015, 148 N.M. 16, 229 P.3d 489.
Subsection D does not apply
to trespass by substances beneath the surface of the land.
Hartman v. Texaco, Inc
., 1997-NMCA-032, 123 N.M. 220, 937 P.2d 979.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Trespass: state prosecution for unauthorized entry or occupation, for public demonstration purposes, of business, industrial, or utility premises, 41 A.L.R.4th 773.
Entry on private lands in pursuit of wounded game as criminal trespass, 41 A.L.R.4th 805.
Tree or limb falls onto adjoining private property: personal injury and property damage liability, 54 A.L.R.4th 530.
Encroachment of trees, shrubbery, or other vegetation across boundary line, 65 A.L.R.4th 603.
Business interruption, without physical damage, as actionable, 65 A.L.R.4th 1126.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 14 - Trespass › Section 30-14-2 - Consent required for key duplication [of educational institutions].

No person shall knowingly make or cause to be made any key or duplicate key for any building, laboratory, facility, room, dormitory, hall or any other structure, or part thereof, owned or leased by the state, any political subdivision, or by the board of regents or other governing body of any college or university, which is supported wholly or in part by the state, without the prior written consent of the state, political subdivision, board of regents or other governing body.
History:
1953 Comp., § 40A-14-3, enacted by Laws 1965, ch. 115, § 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 14 - Trespass › Section 30-14-3 - Penalty.

Any person who violates Section 1 [30-14-2 NMSA 1978] of this act is guilty of a misdemeanor.
History:
1953 Comp., § 40A-14-4, enacted by Laws 1965, ch. 115, § 2.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 14 - Trespass › Section 30-14-5 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1979, ch. 186, § 4, repealed 30-14-5 NMSA 1978, as enacted by Laws 1969, ch. 195, § 1, relating to the short title of the Property Posting Act.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 14 - Trespass › Section 30-14-6 - No trespassing notice; sign contents; posting; requirement; prescribing a penalty for wrongful posting of public lands.

A. The owner, lessee or person lawfully in possession of real property in New Mexico, except property owned by the state or federal government, desiring to prevent trespass or entry onto the real property shall post notices parallel to and along the exterior boundaries of the property to be posted, at each roadway or other way of access in conspicuous places, and if the property is not fenced, such notices shall be posted every five hundred feet along the exterior boundaries of such land.
B. The notices posted shall prohibit all persons from trespassing or entering upon the property, without permission of the owner, lessee, person in lawful possession or his agent. The notices shall:
(1) be printed legibly in English;
(2) be at least one hundred forty-four square inches in size;
(3) contain the name and address of the person under whose authority the property is posted or the name and address of the person who is authorized to grant permission to enter the property;
(4) be placed at each roadway or apparent way of access onto the property, in addition to the posting of the boundaries; and
(5) where applicable, state any specific prohibition that the posting is directed against, such as "no trespassing," "no hunting," "no fishing," "no digging" or any other specific prohibition.
C. Any person who posts public lands contrary to state or federal law or regualtion [regulation] is guilty of a petty misdemeanor.
History:
1953 Comp., § 40A-14-7, enacted by Laws 1969, ch. 195, § 2; 1979, ch. 186, § 3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Failure to post notices not a valid defense to liability for trespass at common law.
— Where plaintiffs filed a complaint against defendants seeking injunctive relief and damages arising from claims for common law trespass based on allegations that defendants performed certain earthwork on plaintiffs' land, the district court did not err in denying defendants' jury instruction modeled on the text of the criminal trespass statute, 30-14-16 NMSA 1978, which imposed a duty on landowners to post notices on the boundaries of their property in order to subject individuals to trespass liability for any entries thereon, because this section cannot be fairly read to change the common law of trespass, which does not require posting of property in order for an unauthorized entry to constitute a trespass.
Holcomb v. Rodriguez
, 2016-NMCA-075, cert. denied.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 14 - Trespass › Section 30-14-7 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1979, ch. 186, § 4, repealed 30-14-7 NMSA 1978, as enacted by Laws 1969, ch. 195, § 3, relating to penalties for trespassing and double damages for injury to realty. For present penalty and damages provisions,
see
30-14-1.1 NMSA 1978.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 15 - Property Damage › Section 30-15-1.1 - Unauthorized graffiti on personal or real property.

A. Graffiti consists of intentionally and maliciously defacing any real or personal property of another with graffiti or other inscribed material inscribed with ink, paint, spray paint, crayon, charcoal or the use of any object without the consent or reasonable ground to believe there is consent of the owner of the property.
B. Whoever commits graffiti to real or personal property when the damage to the property is one thousand dollars ($1,000) or less is guilty of a petty misdemeanor and shall be required to perform a mandatory one hundred hours of community service within a continuous six-month period immediately following his conviction and shall be required to make restitution to the property owner for the cost of damages and restoration.
C. Whoever commits graffiti to real or personal property when the damage to the property is greater than one thousand dollars ($1,000) is guilty of a fourth degree felony and shall be required to perform a mandatory one hundred sixty hours of community service within a continuous eight-month period immediately following his conviction and shall be required to provide restitution to the property owner for the cost of damages and restoration as a condition of probation or following any term of incarceration as a condition of parole.
D. When a single occurrence of graffiti is committed by more than one individual, the court may apportion the amount of restitution owed by each offender in accordance with each offender's degree of culpability.
History:
Laws 1990, ch. 36, § 1; 1995, ch. 204, § 1.
ANNOTATIONS
The 1995 amendment,
effective July 1, 1995, subdivided and rewrote former Subsection B into Subsections B and C and added Subsection D.
Law reviews.
— For article, "Co-opting the Journalist's Privilege: Of Sources and Spray Paint," see 23 N.M. L. Rev. 435 (1993).
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 15 - Property Damage › Section 30-15-2 - [Rocks, protected plants or trees within four hundred yards of highway.]

It is a petty misdemeanor to deface, without the written consent of the landowner, any rock, any plant defined in Section 76-8-1 NMSA 1978, or any dead or living tree within four hundred yards of any public highway.
History:
1953 Comp., § 40A-15-1.1, enacted by Laws 1971, ch. 3, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— What is considered property "involved" in money laundering offense, and thus subject to civil or criminal forfeiture, for purposes of Money Laundering Control Act (18 USCS § 981(a)(1)(A) and 982(a)(1)), 135 A.L.R. Fed. 367.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 15 - Property Damage › Section 30-15-3 - Damaging insured property.

Damaging insured property consists of intentionally damaging property which is insured with intent to defraud the insurance company into paying himself or another for such damage.
Whoever commits damaging insured property is guilty of a fourth degree felony.
History:
1953 Comp., § 40A-15-2, enacted by Laws 1963, ch. 303, § 15-2.
ANNOTATIONS
Evidence of insurance.
— Evidence that balance of fee for carrying out scheme to apparently burglarize and vandalize and then burn business was to be paid when insurance company paid for the supposed theft and vandalism, that undercover officer hired to carry out the scheme was told to be sure the burglar alarm was on or the company would refuse coverage and that conspirators stated the business was insured, was substantial evidence that the property to be damaged was insured and that the purpose of the conspiracy was to damage insured property.
State v. Ross
, 1974-NMCA-028, 86 N.M. 212, 521 P.2d 1161.
Arson section not exclusive.
— In conspiracy to damage business property by fire after making it appear to have been first burglarized and vandalized, where the conspiracy to burglarize and vandalize was directed to acts not covered by 30-17-5 NMSA 1978, the arson statute, that section did not act as a special provision prohibiting the prosecution of defendant under this section for the aspect of the conspiracy directed toward burglary and vandalism.
State v. Ross
, 1974-NMCA-028, 86 N.M. 212, 521 P.2d 1161.
Single penalty for conspiracy to damage.
— Where defendant was charged with one count of conspiracy to commit felony arson, and one count under this section, since scheme to damage business property by fire after making it appear to have been first burglarized and vandalized involved only one conspiracy, only one penalty could be imposed.
State v. Ross
, 1974-NMCA-028, 86 N.M. 212, 521 P.2d 1161.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— What constitutes "vandalism" or "malicious mischief" within meaning of insurance policy specifically extending coverage to losses from such causes, 56 A.L.R.5th 407.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 15 - Property Damage › Section 30-15-4 - Desecration of a church.

Desecration of a church consists of willfully, maliciously and intentionally defacing a church or any portion thereof.
Whoever commits desecration of a church is guilty of a misdemeanor, except that when the damage to the church amounts to more than one thousand dollars ($1,000) he is guilty of a fourth degree felony.
History:
1953 Comp., § 40A-15-3, enacted by Laws 1963, ch. 303, § 15-3; 1965, ch. 173, § 1.
ANNOTATIONS
Meaning of "church".
— The sense in which "church" is used in this section is expressive of a place where persons regularly assemble for worship and is not limited to the Christian religion.
State v. Vogenthaler
, 1976-NMCA-030, 89 N.M. 150, 548 P.2d 112.
Contents not included.
— Absent any legislative intent to the contrary, "church or any portion thereof" does not include the movable contents of the building.
State v. Vogenthaler
, 1976-NMCA-030, 89 N.M. 150, 548 P.2d 112.
No violation of establishment clause.
— This section does not advance religion contrary to the First and Fourteenth Amendments of the United States Constitution.
State v. Vogenthaler
, 1976-NMCA-030, 89 N.M. 150, 548 P.2d 112.
Equal protection not violated.
— The differences in the elements of this section and 30-15-1 NMSA 1978 provide a rational basis for the difference in penalties imposed for damage amounting to less than $1,000, in that violation of 30-15-1 NMSA 1978 requires only intentional damage, while this section involves willful, malicious and intentional defacement; therefore, this section does not violate equal protection.
State v. Vogenthaler
, 1976-NMCA-030, 89 N.M. 150, 548 P.2d 112.
Rational basis.
— A rational basis for treating criminal damage to a church differently than criminal damage to other property is the role of religion in society as a whole.
State v. Vogenthaler
, 1976-NMCA-030, 89 N.M. 150, 548 P.2d 112.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Validity and construction of statute or ordinance prohibiting desecration of church, 90 A.L.R.3d 1119.
What is considered property "involved in" money laundering offense, and thus subject to civil or criminal forfeiture, for purposes of Money Laundering Control Act (18 USCS § 981(a)(1)(A) and 982(a)(1)), 135 A.L.R. Fed. 367.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 15 - Property Damage › Section 30-15-5 - Damaging caves or caverns unlawful.

It shall be unlawful for any person, without prior permission of the federal, state or private land owner, to willfully or knowingly break, break off, crack, carve upon, write or otherwise mark upon, or in any manner destroy, mutilate, injure, deface, remove, displace, mar or harm any natural material found in any cave or cavern, such as stalactites, stalagmites, helictites, anthodites, gypsum flowers or needles, flowstone, draperies, columns, tufa dams, clay or mud formations or concretions, or other similar crystalline mineral formations or otherwise; to kill, harm or in any manner or degree disturb any plant or animal life found therein; to otherwise disturb or alter the natural conditions of such cave or cavern through the disposal therein of any solid or liquid materials such as refuse, food, containers or fuel of any nature, whether or not malice is intended; to disturb, excavate, remove, displace, mar or harm any archaeological artifacts found within a cave or cavern including petroglyphs, projectile points, human remains, rock or wood carvings or otherwise, pottery, basketry or any handwoven articles of any nature, or any pieces, fragments or parts of any of the such articles; or to break, force, tamper with, remove or otherwise disturb a lock, gate, door or other structure or obstruction designed to prevent entrance to a cave or cavern, without the permission of the owner thereof, whether or not entrance is gained. For purposes of this section, "cave" means any natural geologically formed void or cavity beneath the surface of the earth, not including any mine, tunnel, aqueduct or other manmade excavation, which is large enough to permit a person to enter.
History:
Laws 1981, ch. 236, § 1.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 15 - Property Damage › Section 30-15-7 - Desecration of roadside memorials; penalty.

A. A person shall not knowingly or willfully deface or destroy, in whole or in part, a descanso, also known as a memorial, placed alongside a public road right of way to memorialize the death of one or more persons.
B. A person who violates the provisions of Subsection A of this section is:
(1) for a first offense, guilty of a petty misdemeanor and upon conviction shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978; and
(2) for a second and subsequent offense, guilty of a misdemeanor and upon conviction shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.
C. The provisions of this section shall not apply to law enforcement officials or other employees of the state or a political subdivision of the state who in the course of the lawful discharge of their duties move or remove a descanso that obstructs or damages any public road in this state or to an owner of private property upon which a descanso is located.
History:
Laws 2007, ch. 35, § 1 and Laws 2007, ch. 242, § 1.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 242 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
Compiler's notes.
— Laws 2007, ch. 35, § 1 and Laws 2007, ch. 242, § 1 enacted identical sections. This section is set out as enacted by Laws 2007, ch. 242, § 1.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 15 - Property Damage › Section 30-15-8 - Criminal damage to property by theft or attempted theft of regulated material; penalty.

A. Criminal damage to property by theft or attempted theft of regulated material consists of the unlawful taking or attempted taking of any regulated material from another that results in any damage to real or personal property. Whoever commits criminal damage to property by theft or attempted theft of regulated material resulting in property damage or property loss, based on the fair market value of that damage or loss, in an amount of:
(1) less than one thousand dollars ($1,000) is guilty of a petty misdemeanor;
(2) one thousand dollars ($1,000) or more but less than two thousand five hundred dollars ($2,500) is guilty of a misdemeanor; or
(3) two thousand five hundred dollars ($2,500) or more is guilty of a fourth degree felony.
B. For the purposes of this section:
(1) "aluminum material" means wire or coil products made from aluminum, an aluminum alloy or an aluminum byproduct;
(2) "copper or brass material" means:
(a) insulated or noninsulated copper wire, hardware or cable of the type used by a public utility, commercial mobile radio service carrier or common carrier that consists of at least twenty-five percent copper; or
(b) a copper or brass item of a type commonly used in construction or by a public utility, commercial mobile radio service carrier or common carrier;
(3) "regulated material" means:
(a) aluminum material;
(b) copper or brass material;
(c) steel material;
(d) a utility access cover;
(e) a water meter cover;
(f) a road or bridge guard rail;
(g) a highway or street sign;
(h) a traffic directional or control sign or signal; or
(i) a catalytic converter that is not part of an entire motor vehicle; and
(4) "steel material" means infrastructure-grade or construction products made from an alloy of iron, chromium, nickel or manganese.
C. Nothing in this section shall be construed to preclude a claim made pursuant to any other section of law.
History:
Laws 2022, ch. 56, § 50.
ANNOTATIONS
Effective dates.
— Laws 2022, ch. 56, § 50 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2022, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 16 - Larceny › Section 30-16-12 - Falsely representing oneself as incapacitated.

Falsely representing oneself as disabled consists of a person falsely representing the person's own self to be blind, visually impaired, deaf or having a physical disability for the purpose of obtaining money or other thing of value.
Whoever commits falsely representing oneself as disabled is guilty of a petty misdemeanor.
History:
1953 Comp., § 40A-16-12, enacted by Laws 1963, ch. 303, § 16-12; 2007, ch. 46, § 36.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, made non-substantive language changes.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 16 - Larceny › Section 30-16-13 - Cheating machine or device.

Cheating machine or device consists of any person, with intent to defraud, attempting to operate or causing to be operated any automatic vending machine, parking meter, coin-box telephone, or any machine or receptable [receptacle] designed to receive lawful money of the United States in connection with the sale, use or enjoyment of property or service, by means of any slug, or by any false, counterfeited, mutilated, sweated or foreign coin, or by any means, method, trick or device.
Whoever commits cheating machine or device is guilty of a petty misdemeanor.
History:
1953 Comp., § 40A-16-13, enacted by Laws 1963, ch. 303, § 16-13.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Selection of charges.
— Where defendant was alleged to have stolen $400 in quarters from a change machine by using a rigged bill, he was potentially subject to being charged with both larceny and the misdemeanor offense of cheating a machine or device, and the preemption rationale of the general-specific rule did not preclude prosecution under either or both of the statutes.
State v. Davis
, 2000-NMCA-105, 129 N.M. 773, 14 P.3d 38, cert. denied, 130 N.M. 17, 16 P.3d 442.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 16 - Larceny › Section 30-16-14 - Failing to label secondhand watches.

Failing to label secondhand watches consists of any person or jeweler failing to identify or specify in any advertising or merchandise display of watches that the watches offered for sale have had any portion of their movements or cases repaired or replaced. Watches which have had the brand name, the name of the maker, the serial number, movement number or any other distinguishing number or identifying mark erased, defaced, removed, altered or covered shall for the purpose of this section be deemed to be secondhand.
For the purpose of this section, sufficient labeling shall consist of any notice affixed to the outside of a watch which clearly and legibly indicates the word "secondhand" printed thereon so that it can be read by a person of normal vision.
Whoever commits failing to label secondhand watches is guilty of a petty misdemeanor.
History:
1953 Comp., § 40A-16-14, enacted by Laws 1963, ch. 303, § 16-14; 1965, ch. 71, § 1.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 16 - Larceny › Section 30-16-15 - Coercing the purchase of insurance from particular broker.

Coercing the purchase of insurance from particular broker consists of any person engaged in selling real or personal property, or the lending of money, requiring as a condition precedent to the sale, financing the purchase of such property or the lending of money, or the renewal of extension of any loan or mortgage, that the purchaser of such property, or recipient of the financial assistance negotiate any policy of insurance or renewal thereof through a particular insurance company, agent, solicitor or broker.
Nothing in this section shall be construed to prevent the exercise by any person [of] the right to designate minimum standards as to the company, the terms and provisions of the policy and the adequacy of the coverage with respect to insurance on property pledged or mortgaged to such person.
Whoever commits coercing the purchase of insurance from particular broker is guilty of a petty misdemeanor.
History:
1953 Comp., § 40A-16-15, enacted by Laws 1963, ch. 303, § 16-15.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Debtor's executed contract, as condition precedent to loan, illegal.
— Where an insurance creditor makes the execution of an insurance contract by the debtor a condition precedent to granting a loan, the contract is clearly illegal.
Capo v. Century Life Ins. Co
., 1980-NMSC-058, 94 N.M. 373, 610 P.2d 1202.
Contract not voided by violation.
— Although requirement in loan agreement that borrowers purchase life insurance from named company as a condition precedent to the lending of money was illegal, directly contravening this section, that part of the contract was separable without materially affecting the remainder dealing with the note, mortgage and loan, which were not made unenforceable thereby.
Forrest Currell Lumber Co. v. Thomas
, 1970-NMSC-018, 81 N.M. 161, 464 P.2d 891.
But refund required.
— This section, prohibiting the coercing of the purchase of insurance from a particular broker, placed a penalty on the party coercing but not on the other; hence, amount obtained by insurance company through the illegal agreement should be returned to the insureds, even though the insurance company could not have avoided liability on its policies because of the illegality.
Forrest Currell Lumber Co. v. Thomas
, 1970-NMSC-018, 81 N.M. 161, 464 P.2d 891.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
43 C.J.S. Innkeepers § 28.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 16 - Larceny › Section 30-16-16 - Falsely obtaining services or accommodations; probable cause; immunity; penalty.

A. Falsely obtaining services or accommodations consists of a person obtaining service, food, entertainment or accommodations without paying with the intent to cheat or defraud the owner or person supplying the service, food, entertainment or accommodations.
B. A law enforcement officer may arrest without warrant a person the officer has probable cause to believe has committed the crime of falsely obtaining services or accommodations. A merchant, owner or proprietor who causes such an arrest shall not be criminally or civilly liable if the merchant, owner or proprietor has actual knowledge that the person arrested has committed the crime of falsely obtaining services or accommodations.
C. Whoever commits falsely obtaining services or accommodations when the value of the service, food, entertainment or accommodations furnished is:
(1) less than two hundred fifty dollars ($250) is guilty of a petty misdemeanor;
(2) more than two hundred fifty dollars ($250) but not more than five hundred dollars ($500) is guilty of a misdemeanor;
(3) more than five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500) is guilty of a fourth degree felony;
(4) 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; and
(5) more than twenty thousand dollars ($20,000) is guilty of a second degree felony.
History:
1953 Comp., § 40A-16-16, enacted by Laws 1963, ch. 303, § 16-16; 1981, ch. 254, § 1; 1987, ch. 121, § 6; 2006, ch. 29, § 8.
ANNOTATIONS
The 2006 amendment,
effective July 1, 2006, increased the value of the services, food, entertainment or accommodations in Paragraph (1) of Subsection C from less than $100 to less than $250; increased the value of the services, food, entertainment or accommodation in Paragraph (2) of Subsection C from more than $100 but less than $250 to more than $250 but less than $500; and increased the value of the thing embezzled or converted in Paragraph (3) of Subsection C from more than $250 to more than $500.
The 1987 amendment,
effective June 19, 1987, redesignated former Subsections C(2) and C(3) as present Subsections C(3) and C(4), added present Subsections C(2) and C(5), substituted "two hundred fifty dollars ($250) but not more" for "one hundred dollars ($100) but less" in Subsection C(3), and inserted "but not more than twenty thousand dollars ($20,000)" in Subsection C(4).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Modern status of rule that crime of false pretenses cannot be predicated upon present intention not to comply with promise or statement as to future act, 19 A.L.R.4th 959.
43 C.J.S. Innkeepers § 28.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 16 - Larceny › Section 30-16-17 - Unlawful removal of effects.

Unlawful removal of effects consists of any person removing or causing to be removed any baggage or effects from any hotel, motel, trailer park, inn, rented dwelling or boarding house while there is a lien existing thereon for the proper charges due for fare or board furnished from such hotel, motel, trailer park, inn, rented dwelling or boarding house, and where the owner or person in possession of such baggage or effects is given actual notice of the fact of such lien, or where a notice of such lien has been conspicuously posted upon the premises adjacent to such baggage or effects, giving notice of the fact of such lien and the amount thereof.
Whoever commits unlawful removal of effects is guilty of a petty misdemeanor.
History:
1953 Comp., § 40A-16-17, enacted by Laws 1963, ch. 303, § 16-17.
ANNOTATIONS
Cross references.
— For landlord's lien,
see
48-3-5 NMSA 1978.
For enforcement of liens,
see
48-3-13, 48-3-14 NMSA 1978.
For lien in favor of owners or operators of hotels, rooming houses, apartment houses, rental dwellings, auto courts, trailer courts or campgrounds, priority and enforcement of same and penalty for removal of property affected thereby,
see
48-3-16 to 48-3-18 NMSA 1978.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 16 - Larceny › Section 30-16-19 - [Shoplifting;] definitions.

As used in Sections 40A-16-19 through 40A-16-23 [40A-16-22] New Mexico Statutes Annotated, 1953 Compilation [30-16-19 to 30-16-23 NMSA 1978]:
A. "store" means a place where merchandise is sold or offered to the public for sale at retail;
B. "merchandise" means chattels of any type or description regardless of the value offered for sale in or about a store; and
C. "merchant" means any owner or proprietor of any store, or any agent, servant or employee of the owner or proprietor.
History:
1953 Comp., § 40A-16-19, enacted by Laws 1965, ch. 5, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The reference to "40A-16-19 through 40A-16-23 New Mexico Statutes Annotated, 1953 Compilation" apparently was intended to refer to the sections enacted by Laws 1965, ch. 5, which enacted only 40A-16-19 to 40A-16-22 and no 40A-16-23, 1953 Comp., compiled as 30-16-19, 30-16-20, 30-16-22 and 30-16-23 NMSA 1978. Laws 1967, ch. 230, § 1, subsequently added 40A-16-23, 1953 Comp., relating to a different subject matter and which was formerly compiled herein as 30-16-24 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Use of electronic sensing device to detect shoplifting as unconstitutional search and seizure, 10 A.L.R.4th 376.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 16 - Larceny › Section 30-16-20.1 - Organized retail crime; penalties.

A. A person who commits any of the following acts is guilty of organized retail crime:
(1) acts in concert with one or more persons to steal merchandise with an aggregated retail market value of two thousand five hundred dollars ($2,500) or more from one or more retailers over the span of one year with the intent to sell, exchange or return the merchandise for value;
(2) acts in concert with one or more persons to receive, purchase or possess merchandise with an aggregated retail market value of two thousand five hundred dollars ($2,500) or more over the span of one year, knowing or believing it to have been stolen;
(3) acts as an agent of another individual or group of individuals to steal merchandise with an aggregated retail market value of two thousand five hundred dollars ($2,500) or more from one or more retailers over the span of one year as part of an organized plan to commit theft; or
(4) recruits, coordinates, organizes, supervises, directs, manages or finances another to undertake any of the acts described in this section or any other statute defining theft of merchandise.
B. Venue shall be proper in any county in which merchandise is stolen.
C. Whoever commits organized retail crime is guilty of a second degree felony.
D. As used in this section:
(1) "aggregated retail market value" means the total combined value of all merchandise involved at the price at which the merchandise would ordinarily be sold by the retailer with the legitimate sale or distribution of the item; and
(2) "retailer" means a person or business that sells or facilitates the sale of merchandise to the public for use or consumption rather than for resale.
History:
Laws 2023, ch. 194, § 2.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 194 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 16 - Larceny › Section 30-16-21 - Civil liability of adult shoplifter; penalty.

Any person who has reached the age of majority and who has been convicted of shoplifting under Section 30-16-20 NMSA 1978, may be civilly liable for the retail value of the merchandise, punitive damages of not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250), costs of the suit and reasonable attorney's fees. However, the merchant shall not be entitled to recover damages for the retail value of any recovered undamaged merchandise.
History:
1953 Comp., § 40A-16-20.1, enacted by Laws 1977, ch. 104, § 1.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 16 - Larceny › Section 30-16-22 - Presumptions created.

Any person who willfully conceals merchandise on his person or on the person of another or among his belongings or the belongings of another or on or outside the premises of the store shall be prima facie presumed to have concealed the merchandise with the intention of converting it without paying for it. If any merchandise is found concealed upon any person or among his belongings it shall be prima facie evidence of willful concealment.
History:
1953 Comp., § 40A-16-21, enacted by Laws 1965, ch. 5, § 3.
ANNOTATIONS
Cross references.
— For evidentiary rule regarding presumptions in criminal cases,
see
Rule 11-302 NMRA.
Section subject to rule of evidence.
— There being no statute providing otherwise, the provisions of this section are subject to Rule 303, N.M.R. Evid. (now Rule 11-302 NMRA).
State v. Matamoros
, 1976-NMCA-028, 89 N.M. 125, 547 P.2d 1167.
Instructions improper.
— Instructions that one who willfully conceals merchandise on his person shall be "prima facie presumed" to have concealed it with intent of converting it without paying for it, and that concealment on one's person or his belongings is "prima facie evidence" of willful concealment, violated Rule 303(c), N.M.R. Evid. (now Rule 302C NMRA).
State v. Matamoros
, 1976-NMCA-028, 89 N.M. 125, 547 P.2d 1167.
Error not preserved.
— Although instructions embodying the language of this section violated Rule 303(c), N.M.R. Evid. (now Rule 302C NMRA), requiring instructions on presumptions to be couched in permissive and not mandatory terms, nevertheless since defendant only objected with a general claim that the instructions created an unconstitutional presumption, and did not alert the trial court to the issue under the evidentiary rule, the error would not be considered further.
State v. Matamoros
, 1976-NMCA-028, 89 N.M. 125, 547 P.2d 1167.
Willful concealment established.
— Showing that defendant entered store which had just opened for the day with a blanket wrapped around him, went to the rack where the expensive rugs were kept and at the door was found to have a rug under his blanket, hidden and folded up, constituted sufficient evidence for a rational juror to find each of the inferred facts in this section beyond a reasonable doubt, and showed a willful concealment.
State v. Matamoros
, 1976-NMCA-028, 89 N.M. 125, 547 P.2d 1167.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 16 - Larceny › Section 30-16-24 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1989, ch. 156, § 8 repealed 30-16-24 NMSA 1978, as enacted by Laws 1967, ch. 230, § 1, relating to appropriating trade secrets, effective June 16, 1989. For present comparable provisions,
see
57-3A-1 NMSA 1978 et seq.