reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 16D - Unlawful Taking of a Vehicle or Motor Vehicle › Section 30-16D-7 - Operating a chop shop; penalty.

A. Operating a chop shop consists of a person owning, operating, maintaining, controlling or conducting operations in a chop shop, who knows or should have known that it is a chop shop.
B. Whoever commits operating a chop shop is guilty of a third degree felony.
C. As used in this section:
(1) "chop shop" means a premises where a person possesses, receives, stores, disassembles or alters an unlawfully obtained motor vehicle or vehicle as defined in the Motor Vehicle Code [66-1-1 NMSA 1978], including the alteration or concealment of any identifying feature or number, including the manufacturer's serial number, engine number, decal or other distinguishing number or identification mark or number placed under assignment of the motor vehicle division of the taxation and revenue department; and
(2) "unlawfully obtained" means obtained by theft, fraud or deceit or obtained without the permission of the owner.
D. Nothing in this section shall be construed to preclude a claim made pursuant to any other section of law.
History:
Laws 2022, ch. 56, § 49.
ANNOTATIONS
Effective dates.
— Laws 2022, ch. 56, § 49 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 17 - Fire › Section 30-17-1 - Improper handling of fire.

Improper handling of fire consists of:
A. setting fire, or causing or procuring a fire to be set to any inflammable vegetation or forest material, growing or being on the lands of another person and without the permission of the owner thereof;
B. allowing fire to escape or spread from the control of the person having charge thereof without using reasonable and proper precaution to prevent such fire from escaping or spreading;
C. burning any inflammable vegetation or forest material, whether upon his own land or that of another person, without using proper and reasonable precaution at all times to prevent the escape of such fire;
D. leaving any campfire burning and unattended upon the lands of another person; or
E. causing a fire to be started in any inflammable vegetation or forest material, growing or being upon the lands of another person, by means of any lighted cigar, cigarette, match or other manner, and leaving such fire unquenched.
Provided, nothing herein shall constitute improper handling of fire where the fire is a backfire set for the purpose of stopping the progress of a fire then actually burning.
Whoever commits improper handling of fire is guilty of a petty misdemeanor.
History:
1953 Comp., § 40A-17-1, enacted by Laws 1963, ch. 303, § 17-1.
ANNOTATIONS
Cross references.
— For arson,
see
30-17-5, 30-17-6 NMSA 1978.
For provisions covering the lighting, leaving or failure to extinguish fires on state lands,
see
19-6-1, 19-6-2 NMSA 1978.
Law reviews.
— For note, "Forest Fire Protection on Public and Private Lands in New Mexico," see 4 Nat. Resources J. 374 (1964).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 35 Am. Jur. 2d Fires §§ 5, 6.
Liability of property owner for damages from spread of accidental fire originating on property, 17 A.L.R.5th 547.
Liability for spread of fire intentionally set for legitimate purpose, 25 A.L.R.5th 391.
36A C.J.S. Fires §§ 2, 3.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 17 - Fire › Section 30-17-2 - Use of an engine without spark arrester.

Use of an engine without spark arrester consists of using or operating any locomotive, logging engine, portable engine, traction engine or stationary engine using any combustible fuel when such engine is not provided with an adequate spark arrester kept in constant use and repair.
Escape of fire or live sparks from any engine shall be prima facie evidence that such engine has not been adequately equipped with a spark arrester in compliance with this section.
Whoever commits use of an engine without spark arrester is guilty of a petty misdemeanor.
History:
1953 Comp., § 40A-17-2, enacted by Laws 1963, ch. 303, § 17-2.
ANNOTATIONS
Cross references.
— For provisions authorizing counties to require railroads to maintain fireguards,
see
63-3-25 to 63-3-27 NMSA 1978.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 17 - Fire › Section 30-17-3 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1981, ch. 246, § 8 repealed 30-17-3 NMSA 1978, as enacted by Laws 1963, ch. 303, § 17-3, relating to interference with fire controls, effective April 8, 1981.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 17 - Fire › Section 30-17-4 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1989, ch. 346, § 13 repealed 30-17-4 NMSA 1978, enacted by Laws 1963, ch. 303, § 17-4, effective February 1, 1990. For present comparable provisions,
see
60-2C-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 17 - Fire › Section 30-17-6 - Aggravated arson.

Aggravated arson consists of the wilful [willful] or malicious damaging by any explosive substance or the wilful [willful] or malicious setting fire to any bridge, aircraft, watercraft, vehicle, pipe line [pipeline], utility line, communication line or structure, railway structure, private or public building, dwelling or other structure, causing a person great bodily harm.
Whoever commits aggravated arson is guilty of a second degree felony.
History:
1953 Comp., § 40A-17-6, enacted by Laws 1963, ch. 303, § 17-6.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For meaning of "great bodily harm",
see
30-1-12 NMSA 1978.
Law reviews.
— For article, "The Confusing Law of Criminal Intent in New Mexico," see 5 N.M.L. Rev. 63 (1974).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Vacancy or nonoccupancy of building as affecting its character as "dwelling" as regards arson, 44 A.L.R.2d 1456.
What constitutes "burning" to justify charge of arson, 28 A.L.R.4th 482.
Pyromania and the criminal law, 51 A.L.R.4th 1243.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 18 - Animals › Section 30-18-1.1 - Seizure of animals; notice.

A. A peace officer who reasonably believes that the life or health of an animal is endangered due to cruel treatment may apply to the district court, magistrate court or the metropolitan court in the county where the animal is located for a warrant to seize the animal.
B. If the court finds probable cause that the animal is being cruelly treated, the court shall issue a warrant for the seizure of the animal. The court shall also schedule a hearing on the matter as expeditiously as possible within thirty days unless good cause is demonstrated by the state for a later time.
C. Written notice regarding the time and location of the hearing shall be provided to the owner of the seized animal. The court may order publication of a notice of the hearing in a newspaper closest to the location of the seizure.
D. If the owner of the animal cannot be determined, a written notice regarding the circumstances of the seizure shall be conspicuously posted where the animal is seized at the time the seizure occurs.
E. At the option and expense of the owner, the seized animal may be examined by a veterinarian of the owner's choice.
F. If the animal is a type of livestock, seizure shall be pursuant to Chapter 77, Article 18 NMSA 1978.
History:
Laws 1999, ch. 107, § 2.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 107, § 7, made the act effective on July 1, 1999.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 18 - Animals › Section 30-18-1.3 - Costs.

A. Upon conviction, a defendant shall be liable for the reasonable cost of boarding the animal and all necessary veterinary examinations and care provided to the animal. The amount of these costs shall be offset by the security posted pursuant to Section 30-18-1.2 NMSA 1978. Unexpended security funds shall be returned to the defendant.
B. In the absence of a conviction, the seizing agency shall bear the costs of boarding the animal and all necessary veterinary examinations and care of the animal during the pendency of the proceedings, return the animal, if not previously relinquished, and all of the security posted pursuant to Section 30-18-1.2 NMSA 1978.
History:
Laws 1999, ch. 107, § 4; 2009, ch. 43, § 2.
ANNOTATIONS
The 2009 amendment,
effective June 19, 2009, in Subsection A, added "reasonable" before "cost of boarding" and added the last two sentences; in Subsection B, added the provision that the seizing agency shall return the animal and amounts of the security posted.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 18 - Animals › Section 30-18-2 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999, ch. 107 § 6 repealed 30-18-2 NMSA 1978, as enacted by Laws 1963, ch. 303, § 18-2, relating to injury to animals, effective July 1, 1999. For provisions of former section,
see
the 1998 NMSA 1978 on
NMOneSource.com.
For present comparable provisions,
see
30-18-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 18 - Animals › Section 30-18-2.1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999, ch. 107 § 6 repealed 30-18-2.1 NMSA 1978, as enacted by Laws 1981, ch. 226, § 1, relating to malicious slaughter of domestic canine animals, effective July 1, 1999. For provisions of former sections,
see
the 1998 NMSA 1978 on
NMOneSource.com.
For present comparable provisions,
see
30-18-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 18 - Animals › Section 30-18-4 - Unlawful disposition of animal.

Unlawful disposition of animal consists of:
A. skinning or removing without the permission of the owner any part of the hide of any neat cattle found dead;
B. abandoning any livestock without giving reasonable notice to the owner, where the livestock has been entrusted by the owner to such person for the herding, care or safekeeping upon a contract for a valuable consideration;
C. taking any livestock for use or work, without the consent of the owner;
D. driving or leading any animal being the property of another from its usual range, without the consent of the owner;
E. contracting, selling or otherwise disposing of any animal, which a person has in his possession or under his control on shares or under contract, without the consent of the owner of such animal; or
F. knowingly buying, taking or receiving from any person having in his possession, or under his control, any animal on shares or under contract, without the consent of the owner of such animal.
Whoever commits unlawful disposition of animal is guilty of a misdemeanor.
History:
1953 Comp., § 40A-18-4, enacted by Laws 1963, ch. 303, § 18-4.
ANNOTATIONS
Cross references.
— For notification of intention to slaughter cattle,
see
7-23-1, 7-23-2 NMSA 1978.
For description of bovine animal in indictment,
see
31-7-1 NMSA 1978.
Former law not violative of equal protection.
— Classification in former law providing for the punishment of all persons who skin or remove the hide from the carcass of neat cattle found dead without the permission of the owner, but exempting all employees of railroad companies so doing when the animal was killed by the railroad company, was entirely constitutional.
State v. Thompson
, 1953-NMSC-072, 57 N.M. 459, 260 P.2d 370 (decided under prior law).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 3A C.J.S. Animals §§ 119, 120.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 18 - Animals › Section 30-18-5 - [Illegal confinement of animals.]

Illegal confinement of animals consists of:
A. detaining for more than two (2) hours for the purpose of milking any cow, without the permission of the owner;
B. taking and detaining any bull for the purpose of improving livestock, without the consent of the owner;
C. intentionally separating offspring of livestock from the mother, unless branded. Provided that, when milk cows, which are actually used to furnish milk for household or dairy purposes, have calves, that are unbranded, such young animals may be separated from their mother and inclosed; or
D. confining, or in any manner interfering with the freedom of, or selling, or offering to sell, any freshly branded animal, unless such animal has been previously branded with an older and duly recorded brand for which the person has a legally executed bill of sale from the owner of such brand or unless such animals are with their mother, or unless such animals are the calves of milk cows when such cows are actually used to furnish milk for household purposes or for carrying on a dairy; but in every such case the person, firm or corporation, separating calves from their mother for either of these purposes shall, upon the demand of any sheriff, inspector or other officer, produce, in a reasonable time, the mother of each of such calves so that interested parties may ascertain if the cow does or does not claim and suckle such calf.
Whoever commits illegal confinement of animals is guilty of a misdemeanor.
History:
1953 Comp., § 40A-18-5, enacted by Laws 1963, ch. 303, § 18-5; 1965, ch. 3, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Indictment adequate.
— An indictment under Laws 1901, ch. 23, § 1 (former 40-4-29, 1953 Comp.), prohibiting separation of calves under seven months old from their mothers, was valid, even though it did not directly and positively allege that calves were under seven months of age, it using the words "the said calves being then and there under seven months of age."
State v. Brooken
, 1914-NMSC-075, 19 N.M. 404, 143 P. 479 (decided under prior law).
Evidence sufficient.
— Evidence that calf was found chained in depression in defendant's pasture and that defendant's riding horse was seen close to such depression was sufficient to support conviction under Laws 1901, ch. 23, § 1 (former 40-4-29, 1953 Comp.).
State v. Blevins
, 1935-NMSC-083, 39 N.M. 532, 51 P.2d 599 (decided under prior law).
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 18 - Animals › Section 30-18-6 - Transporting stolen livestock.

Transporting stolen livestock consists of knowingly transporting or carrying any stolen or unlawfully possessed livestock or any unlawfully possessed game animal, or any parts thereof.
Whoever commits transporting stolen livestock is guilty of a fourth degree felony.
History:
1953 Comp., § 40A-18-6, enacted by Laws 1963, ch. 303, § 18-6.
ANNOTATIONS
Cross references.
— For penalties for violation of fish and game laws or regulations,
see
17-2-10 NMSA 1978.
For seizure and disposition of game and vehicles under fish and game laws,
see
17-2-19 NMSA 1978 et seq.
For prohibition against transporting game or fish taken from unlicensed parks or lakes,
see
17-4-10 NMSA 1978.
For transportation of sheep,
see
77-8-3 NMSA 1978 et seq.
For transportation of livestock,
see
77-9-28 NMSA 1978 et seq.
For penalties for exporting animals without inspection,
see
77-9-31 NMSA 1978.
For authority of officers to stop vehicles transporting livestock,
see
77-9-46, 77-9-51 NMSA 1978.
Transporting stolen livestock and larceny of livestock.
— Defendant's conviction for transporting stolen livestock, when considered with his conviction for larceny of livestock, violated his constitutional right to be free of double jeopardy.
State v. Clark
, 2000-NMCA-052, 129 N.M. 194, 3 P.3d 689, cert. denied, 129 N.M. 207, 4 P.3d 35.
Section inapplicable.
— This section does not apply to the transporting of elk.
State v. Parson
, 2005-NMCA-083, 137 N.M. 773, 115 P.3d 236.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 18 - Animals › Section 30-18-7 - Misrepresentation of pedigree.

Misrepresentation of pedigree consists of either the giving, obtaining, misrepresenting or exhibiting of any type of registry certificate or transfer certificate, pertaining to the pedigree registry of any animal, knowing such certificate to be false or misleading, or to have been secured by means of false pretenses or false representations.
Whoever commits misrepresentation of pedigree is guilty of a misdemeanor.
History:
1953 Comp., § 40A-18-7, enacted by Laws 1963, ch. 303, § 18-7.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 18 - Animals › Section 30-18-8 - [Killing unbranded cattle; killing, without bill of sale, cattle bearing brand of another person; penalty.]

Any person, firm or corporation, who shall kill or cause to be killed, for sale or use any unbranded neat cattle, or any cattle on which the brand has not peeled off and fully healed, unless such cattle shall have an older and duly recorded brand; or shall kill, or cause to be killed for sale or use any neat cattle having a brand not legally owned by such person, firm or corporation, without having taken a duly acknowledged bill of sale for the same from the owner thereof, shall be deemed guilty of a petty misdemeanor.
History:
1953 Comp., § 40A-18-8, enacted by Laws 1965, ch. 7, § 1.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 18 - Animals › Section 30-18-9 - Dog fighting and cockfighting; penalty.

A. It is unlawful for any person to cause, sponsor, arrange, hold or participate in a fight between dogs or cocks for the purpose of monetary gain or entertainment. Participation in a fight between dogs or cocks for the purpose of monetary gain or entertainment consists of an adult knowingly:
(1) being present at a dog fight without attempting to interfere with or stop the contest; or
(2) owning or equipping one of the participating dogs or cocks with knowledge of the contest.
B. It is unlawful to train, equip or sponsor a dog or cock for the purpose of having it participate in a fight with another dog or cock, respectively, for monetary gain or entertainment.
C. Any person violating the provisions of Subsection A or B of this section, as it pertains to dogs, is guilty of a fourth degree felony.
D. Any person violating the provisions of Subsection A or B of this section as it pertains to cocks:
(1) upon a first conviction, is guilty of a petty misdemeanor;
(2) upon a second conviction, is guilty of a misdemeanor; and
(3) upon a third or subsequent conviction, is guilty of a fourth degree felony.
History:
Laws 1981, ch. 30, § 1; 2007, ch. 6, § 2.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, added "or cocks" after the word "dogs" in Subsection A; changed "such a fight" to "a dog fight" in Paragraph (1) of Subsection A; added "or cock" and "or cock, respectively" after the words "dog" in Subsection B; added "as it pertains to dogs" after the word "section" in Subsection C; and added Subsection D to provide penalties.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 18 - Animals › Section 30-18-10 - Exclusion.

Nothing in this act [30-18-9, 30-18-10 NMSA 1978] shall be construed to prohibit or make unlawful the taking of game animals, game birds or game fish by the use of dogs, provided the person so doing is licensed as provided by law and is using such dogs in a lawful manner.
History:
Laws 1981, ch. 30, § 2.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 18 - Animals › Section 30-18-11 - Unlawful tripping of an equine; exception.

A. Unlawful tripping of an equine consists of intentionally using a wire, pole, stick, rope or any other object to cause an equine to lose its balance or fall, for the purpose of sport or entertainment.
B. The provisions of Subsection A of this section do not apply to laying an equine down for medical or identification purposes.
C. As used in this section, "equine" means a horse, pony, mule, donkey or hinny.
D. Whoever commits unlawful tripping of an equine is guilty of a misdemeanor.
E. Whoever commits unlawful tripping of an equine that causes the maiming, crippling or death of the equine is guilty of a fourth degree felony.
History:
Laws 1995, ch. 113, § 1.
ANNOTATIONS
Effective dates.
— Laws 1995, ch. 113, § 2 makes the act effective July 1, 1995.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 18 - Animals › Section 30-18-12 - Injury to livestock.

A. Injury to livestock consists of willfully and maliciously poisoning, killing or injuring livestock that is the property of another.
B. As used in this section, "livestock" means cattle, sheep, buffalo, horses, mules, goats, swine and ratites.
C. Whoever commits injury to livestock is guilty of a fourth degree felony.
History:
Laws 1998, ch. 35, § 1.
ANNOTATIONS
Effective dates.
— Laws 1998, ch. 35, § 2 makes the act effective July 1, 1998.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 18 - Animals › Section 30-18-13 - Injury to a police dog, police horse or fire dog; harassment of a police dog, police horse or fire dog.

A. As used in this section:
(1) "fire dog" means a dog used by a fire department, special fire district or the state fire marshal for the primary purpose of aiding in the detection of flammable materials or the investigation of fires;
(2) "police dog" means a dog used by a law enforcement or corrections agency that is specially trained for law enforcement or corrections work in the areas of tracking, suspect apprehension, crowd control or drug or explosives detection; and
(3) "police horse" means a horse that is used by a law enforcement or corrections agency for law enforcement or corrections work.
B. Injury to a police dog, police horse or fire dog consists of willfully and with intent to injure or prevent the lawful performance of its official duties:
(1) striking, beating, kicking, cutting, stabbing, shooting or administering poison or any other harmful substance to a police dog, police horse or fire dog; or
(2) throwing or placing an object or substance in a manner that is likely to produce injury to a police dog, police horse or fire dog.
C. Whoever commits injury to a police dog, police horse or fire dog when the injury causes the animal minor physical injury or pain is guilty of a petty misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.
D. Whoever commits injury to a police dog, police horse or fire dog when the injury causes the animal serious physical injury or death or directly causes the destruction of the animal is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
E. A person convicted of injury to a police dog, police horse or fire dog may be ordered to make restitution for the animal's veterinary bills or replacement costs of the animal if it is permanently disabled, killed or destroyed.
F. Harassment of a police dog, police horse or fire dog consists of a person willfully and maliciously interfering with or obstructing a police dog, police horse or fire dog by frightening, agitating, harassing or hindering the animal.
G. Whoever commits harassment of a police dog, police horse or fire dog is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.
H. Whoever commits harassment of a police dog, police horse or fire dog that results in bodily injury to a person not an accomplice to the criminal offense is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.
I. It is an affirmative defense to a prosecution brought pursuant to the provisions of this section that a police dog, police horse or fire dog was not handled in accordance with well-recognized national handling procedures or was handled in a manner contrary to its own department's handling policies and procedures.
History:
Laws 1999, ch. 107, § 5.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 107, § 7, makes the act effective on July 1, 1999.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 18 - Animals › Section 30-18-14 - Livestock crimes; livestock inspectors to enforce.

Livestock inspectors who are certified peace officers shall enforce the provisions of Chapter 30, Article 18 NMSA 1978 and other criminal laws relating to livestock.
History:
Laws 2001, ch. 8, § 1 and Laws 2001, ch. 341, § 1.
ANNOTATIONS
Duplicate laws.
— Laws 2001, ch. 8, § 1, approved March 14, 2001, and Laws 2001, ch. 341, § 1, approved April 5, 2001, both effective June 15, 2001, enacted two versions of this section. Laws 2001, ch. 8, § 1 would have read as follows: "Livestock crimes; livestock inspectors to enforce. Livestock inspectors who are certified peace officers may enforce the provisions of Chapter 30, Article 18 NMSA 1978 and other criminal laws relating to livestock."
The section is set out as enacted by Laws 2001, ch. 341, § 1.
See
12-1-8 NMSA 1978.
Livestock inspector's law enforcement authority.
— The law enforcement authority of a livestock inspector is limited to the power and authority expressly granted or necessarily implied in statute; certified livestock inspectors employed by the livestock board have the same powers as any other peace officer for enforcement of the Livestock Code and other criminal laws relating to livestock. Livestock inspectors, therefore, may not act as law enforcement officers or assist other law enforcement agencies to enforce criminal laws outside the inspector's specific statutory authority.
Authority of Livestock Inspectors
(11/13/18), Att'y Gen. Adv. Ltr. 2018-08.
Livestock inspectors are not statutorily required to carry a firearm while on duty.
— Section 77-2-7 NMSA 1978, provides that all livestock inspectors appointed by the board shall have the same powers as any other peace officer in the enforcement of that code, and 30-7-2(A)(3) NMSA 1978, permits certified law enforcement officers, including livestock inspectors to carry a firearm, but there is no statute that requires livestock inspectors to carry a firearm while on duty or otherwise. The livestock board, as the law enforcement agency for livestock inspectors, however, may set appropriate policies for the carrying of firearms, including policies dictating when livestock inspectors should or should not carry firearms while performing their responsibilities for enforcing the Livestock Code and criminal laws relating to livestock.
Authority of Livestock Inspectors
(11/13/18), Att'y Gen. Adv. Ltr. 2018-08.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 18 - Animals › Section 30-18-15 - Intracardiac injection prohibited on conscious animal.

A. It is unlawful for an employee or agent of an animal control service or facility, animal shelter or humane society to use intracardiac injection to administer euthanasia on a conscious animal if the animal could first be rendered unconscious in a humane manner.
B. A person who violates the provisions of Subsection A of this section is guilty of a misdemeanor and shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978.
History:
Laws 2004, ch. 35, § 1.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 35 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 18 - Animals › Section 30-18-16 - Coyote; killing contests prohibited; definition; penalties.

A. It is unlawful for a person to organize, cause, sponsor, arrange, hold or participate in a coyote-killing contest.
B. As used in this section, "coyote-killing contest" means an organized or sponsored competition with the objective of killing coyotes for prizes or entertainment.
C. Organizing, causing, sponsoring, arranging or holding a coyote-killing contest consists of a person knowingly:
(1) planning, organizing or enticing a person to participate in a coyote-killing contest; or
(2) providing the venue for a coyote-killing contest.
D. Participation in a coyote-killing contest consists of a person knowingly taking part in a coyote-killing contest.
E. A person who organizes, causes, sponsors, arranges or holds a coyote-killing contest is guilty of a misdemeanor.
F. A person who participates in a coyote-killing contest is guilty of a petty misdemeanor.
G. Nothing in this section shall be construed to prohibit a person from protecting a person or property or the state game commission from carrying out the statutory authority allowed by Chapter 17 NMSA 1978 in a non-coyote-killing contest setting.
History:
Laws 2019, ch. 151, § 1.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 151, § 2 made Laws 2019, ch. 151, § 1 effective July 1, 2019.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 19 - Gambling › Section 30-19-4 - Permitting premises to be used for gambling.

Permitting premises to be used for gambling consists of:
A. knowingly permitting any property owned or occupied by such person or under his control to be used as a gambling place; or
B. knowingly permitting a gambling device to be set up for use for the purpose of gambling in a place under his control.
Whoever commits permitting premises to be used for gambling is guilty of a petty misdemeanor.
History:
1953 Comp., § 40A-19-4, enacted by Laws 1963, ch. 303, § 19-4.
ANNOTATIONS
Offense distinguished from commercial gambling.
— Section 30-19-3F NMSA 1978 and Subsection B of this section do not relate to the same activity, since 30-19-3F requires a positive act by an accused relating to commercial gambling, while Subsection B of this section connotes mere passive acquiescence in permitting a gambling device to be set up for use for the purpose of gambling in a place under his control.
State v. Marchiondo
, 1973-NMCA-137, 85 N.M. 627, 515 P.2d 146, cert. denied, 85 N.M. 639, 515 P.2d 643.
As permitting a gambling device to be set up and setting up a gambling device are not identical acts, an individual could not be held accountable under both sections for the same act.
State v. Marchiondo
, 1973-NMCA-137, 85 N.M. 627, 515 P.2d 146, cert. denied, 85 N.M. 639, 515 P.2d 643.
Guilty pleas of others inadmissible.
— Upon trial of one charged with unlawfully and knowingly permitting a game of chance for money to be played on premises occupied by him, the record of the information charging third persons with unlawful gaming and their pleas of guilty thereto was inadmissible as hearsay and as depriving the defendant of his constitutional right to be confronted by the witnesses against him.
State v. Martino
, 1918-NMSC-128, 25 N.M. 47, 176 P. 815.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Criminal liability of member or agent of private club or association, or of owner or lessor of its premises, for violation of state or local liquor or gambling laws thereon, 98 A.L.R.3d 694.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 19 - Gambling › Section 30-19-6 - Permissive lottery.

A. Nothing in Chapter 30, Article 19 NMSA 1978 shall be held to prohibit any bona fide motion picture theater from offering prizes of cash or merchandise for advertising purposes, in connection with such business or for the purpose of stimulating business, whether or not any consideration other than a monetary consideration in excess of the regular price of admission is exacted for participation in drawings for prizes.
B. Nothing in Chapter 30, Article 19 NMSA 1978 shall be construed to apply to any activity:
(1) regulated by the New Mexico Bingo and Raffle Act [60-2F-1 to 60-2F-26 NMSA 1978]; or
(2) specifically exempted from regulation by the provisions of the New Mexico Bingo and Raffle Act.
History:
1953 Comp., § 40A-19-6, enacted by Laws 1963, ch. 303, § 19-6; 1981, ch. 231, § 1; 2009, ch. 81, § 27.
ANNOTATIONS
The 2009 amendment,
effective July 1, 2009, deleted former Subsection A, which provided that Article 19, Chapter 30 NMSA 1978 did not apply to a charitable lottery; deleted former Subsection C, which provided that Article 19, Chapter 30 NMSA 1978 did not apply to county fairs; deleted former Subsection D, which provided that Article 19, Chapter 30 NMSA 1978 did not apply to an organization that is exempt from the state income tax; and added Subsection B.
Size of permissive lotteries of necessity limited.
— Although the provision of Laws 1949, ch. 133, § 1 (former 40-22-18, 1953 Comp.) lifting the ban against lotteries conducted at fairs where entire proceeds were expended in the state for benefit of public libraries, churches or religious societies did not place a limitation on the size of such lotteries, the condition imposed confined them to petty lotteries since removal of profit from a lottery would greatly curtail the size.
State v. Jones
, 1940-NMSC-066, 44 N.M. 623, 107 P.2d 324 (decided under prior law).
Donation of gross proceeds necessary.
— Under Laws 1949, ch. 133, § 1 (former 40-22-18, 1953 Comp.), a lottery scheme which appropriated only net proceeds to a charitable organization was illegal. "All the proceeds" meant "gross proceeds."
Harriman Inst. of Social Research, Inc. v. Carrie Tingley Crippled Children's Hosp
., 1938-NMSC-062, 43 N.M. 1, 84 P.2d 1088 (decided under prior law).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 38 Am. Jur. 2d Gambling § 60.
State lotteries: Actions by ticketholders against state or contractor for state, 40 A.L.R.4th 662.
Private contests and lotteries: entrants' rights and remedies, 64 A.L.R.4th 1021.
Enforceability of contract to share winnings from legal lottery ticket, 90 A.L.R.4th 784.
54 C.J.S. Lotteries § 11.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 19 - Gambling › Section 30-19-7 - Fraudulently operating a lottery.

Fraudulently operating a lottery consists of operating or managing any lottery which does not provide a fair and equal chance to all participants, or which lottery is conducted in a manner tending to defraud or mislead the public.
Whoever commits fraudulently operating a lottery is guilty of a misdemeanor.
History:
1953 Comp., § 40A-19-7, enacted by Laws 1963, ch. 303, § 19-7.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Recovery of money or property lost through cheating or fraud in forbidden gambling or game, 39 A.L.R.2d 1213.
Private contests and lotteries: entrants' rights and remedies, 64 A.L.R.4th 1021.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 19 - Gambling › Section 30-19-7.2 - Recreational bingo exception.

Nothing in this chapter or in the New Mexico Bingo and Raffle Act [60-2F-1 to 60-2F-26 NMSA 1978] prohibits a senior citizen group from organizing and conducting bingo at a senior citizen center, provided that no person other than players participating in the bingo game receive or become entitled to receive any part of the proceeds, either directly or indirectly, from the bingo game, and no minor is allowed to participate in the organization or conduct of games or play bingo. As used in this section, "senior citizen group" means an organization in which the majority of the membership consists of persons who are at least fifty-five years of age and the primary activities and purposes of which are to provide recreational or social activities for those persons.
History:
Laws 1997, ch. 101, § 1.
ANNOTATIONS
Effective dates.
— Laws 1997, ch. 101 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, is effective June 20, 1997, 90 days after adjournment of the legislature.
See
Volume 14 NMSA 1978 for "Adjournment Dates of Sessions of Legislature" table.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 19 - Gambling › Section 30-19-8 - Gambling and gambling houses as public nuisance.

Except as otherwise permitted or excepted under this article [30-19-1 to 30-19-15 NMSA 1978], any gambling device or gambling place is a public nuisance per se.
The attorney general, any district attorney or any citizen of this state may institute an injunction proceeding to have such public nuisance abated. In the event such injunction is issued on behalf of any citizen of this state it shall not be necessary in such proceeding to show that he is personally injured by the act complained of.
History:
1953 Comp., § 40A-19-8, enacted by Laws 1963, ch. 303, § 19-8.
ANNOTATIONS
Cross references.
— For provision defining a public nuisance,
see
30-8-1 NMSA 1978.
For abatement of a public nuisance,
see
30-8-8 NMSA 1978.
Former law not exclusive.
— Laws 1921, ch. 86, § 9 (40-22-9, 1953 Comp.), providing for closing of gaming-house, did not impair or modify the common-law powers of courts to abate public nuisances summarily inasmuch as it was a permissive statute only.
State v. Johnson
, 1948-NMSC-033, 52 N.M. 229, 195 P.2d 1017 (decided under prior law).
Suit to enjoin pari-mutuel betting not maintainable.
— Plaintiffs could not seek injunctive relief through the general gambling statute, 40-22-6, 1953 Comp., to enjoin defendant from using certain premises for pari-mutuel betting on horse racing, until they could have shown that the pari-mutuel statute, 60-1-10 NMSA 1978, was unconstitutional.
Patton v. Fortuna Corp
., 1960-NMSC-136, 68 N.M. 40, 357 P.2d 1090.
Destruction of equipment.
— Under Laws 1921, ch. 86, § 9 (former 40-22-9, 1953 Comp.), any gaming-house, gambling table, banking game, gaming paraphernalia or gaming device or equipment of any sort was a public nuisance and the equipment could be ordered destroyed upon hearing for an injunction in district court.
State v. Las Cruces Elks Club
, 1950-NMSC-013, 54 N.M. 137, 215 P.2d 821.
Contempt charge.
— Injunction against use of certain premises for gaming was not ineffectual as a basis for contempt charge because of failure of court to order premises closed. Contempt was sufficiently charged by alleging injunction, and subsequent use of premises.
State v. Dunn
, 1932-NMSC-047, 36 N.M. 258, 13 P.2d 557.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 38 Am. Jur. 2d Gambling § 16.
Private residence: gambling in private residence as prohibited or permitted by anti-gambling laws, 27 A.L.R.3d 1074.
66 C.J.S. Nuisances § 48.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 19 - Gambling › Section 30-19-9 - Evidence of unlawful use of premises.

Evidence that a place has a general reputation as a gambling site or that at or about the time in question it was frequently visited by persons known to be professional gamblers or known as frequentors [frequenters] of gambling places is admissible on the issue of whether such site is a gambling place.
History:
1953 Comp., § 40A-19-9, enacted by Laws 1963, ch. 303, § 19-9.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Admissibility, in prosecution for gambling or gaming offense, of evidence of other acts of gambling, 64 A.L.R.2d 823.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 19 - Gambling › Section 30-19-10 - Forfeiture of equipment.

Any gambling device or other equipment of any type used in gambling is subject to forfeiture, and the provisions of the Forfeiture Act [Chapter 31, Article 27 NMSA 1978] apply to the seizure, forfeiture and disposal of such property.
History:
1953 Comp., § 40A-19-10, enacted by Laws 1963, ch. 303, § 19-10; 2002, ch. 4, § 14.
ANNOTATIONS
The 2002 amendment,
effective July 1, 2002, after the first phrase, "Any gambling device or other equipment of any type used in gambling," deleted the rest of the section, which contained standards and procedures for the forfeiture of gambling devices and other equipment of any type used in gambling; and added the present remainder of section.
Under law prior to 2002, slot machines in private home that are not used for illegal gambling
are not gaming machines or gambling devices and therefore are not subject to forfeiture because they are not licensed under the Gaming Control Act.
State ex rel. N.M. Gaming Control Bd. v. Ten (10) Gaming Devices
, 2005-NMCA-117, 138 N.M. 426, 120 P.3d 848, cert. quashed, 2006-NMCERT-003, 139 N.M. 352, 132 P.3d 1038.
Forfeiture of money.
— Money segregated as gambling paraphernalia cannot be restored to the former owner, and such money which has been earmarked as an integral part of gambling equipment may be seized as a gambling device; this rule is not limited to situations where money is placed inside a gambling device such as a slot machine and becomes a component part thereof, but includes money found lying on a card table which had been used in the game.
State v. Casarez
, 1965-NMSC-103, 75 N.M. 436, 405 P.2d 759.
Applicability.
— Statute providing for forfeiture of gambling devices seized by law enforcement officials has no application to equipment not "used in gambling." 1969 Op. Att'y Gen. No. 69-54.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 38 Am. Jur. 2d Gambling §§ 174 to 183.
Money in gambling machine or other receptacle, used in connection with gambling, seized by public authorities, rights and remedies in respect of, 79 A.L.R. 1007.
Forfeiture of property for unlawful use before trial of individual offender, 3 A.L.R.2d 738.
Forfeiture of money used in connection with gambling or lottery, or seized by officers in connection with an arrest or search on premises where such activities took place, 19 A.L.R.2d 1228.
Paraphernalia or appliances used for recording gambling transactions or receiving or furnishing gambling information as gaming "devices" within criminal statute or ordinance, 1 A.L.R.3d 726.
Lawfulness of seizure of property used in violation of law as prerequisite to forfeiture action or proceeding, 8 A.L.R.3d 473.
Constitutionality of statutes providing for destruction of gambling devices, 14 A.L.R.3d 366.
38A C.J.S. Gaming § 75 et seq.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 19 - Gambling › Section 30-19-11 - Remedy of lessor.

If the lessee of property has been convicted of using it as a gambling place or if the property has been adjudged to constitute a public nuisance, such lease shall be voidable at the option of the lessor. The lessor shall have the same remedies for regaining possession as in the case of a tenant holding over his term.
History:
1953 Comp., § 40A-19-11, enacted by Laws 1963, ch. 303, § 19-11.
ANNOTATIONS
Cross references.
— For forcible entry and detainer,
see
35-10-1 NMSA 1978 et seq.
For Uniform Owner-Resident Relations Act,
see
47-8-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 19 - Gambling › Section 30-19-12 - Duties of enforcement officials.

Upon the filing with any district judge or justice of the peace [magistrate court] of an affidavit in writing made by any citizen that gambling as prohibited by this article [30-19-1 to 30-19-15 NMSA 1978] is being conducted in any building, room, premises or place describing the same for sufficient identification, it shall be the duty of the district judge or justice of the peace [magistrate] with whom such affidavit is filed to immediately issue a warrant commanding the peace officer to whom the same is addressed to forthwith enter and search the building, room, premises or place. In the event the location is being used for purposes prohibited by this article, the peace officer shall arrest without a warrant the parties therein or making their escape therefrom, and who would be subject to arrest with a warrant. The officers shall also take possession of any gambling paraphernalia, device or equipment found therein, and shall hold the same until deprived of the possession thereof by law. It shall be the duty of the peace officers to take any persons so arrested before some magistrate having jurisdiction and to forthwith file a proper complaint against each person so arrested.
History:
1953 Comp., § 40A-19-12, enacted by Laws 1963, ch. 303, § 19-12.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. The office of justice of the peace was abolished by 35-1-38 NMSA 1978, and the jurisdiction, powers and duties were transferred to the magistrate courts.
Disposition of affidavit.
— Former section 40-22-8, 1953 Comp., provided only for the filing of the required affidavit and had no further directive as to the disposition of the same by the judge.
Howard v. United States
, 306 F.2d 392 (10th Cir. 1962).
Effect of misplacing affidavit.
— If the affidavit provided for in 40-22-8, 1953 Comp., was lost or misplaced, the search warrant and the proceedings leading to its issuance, otherwise in conformity with the statute, could not be thereby invalidated.
Howard v. United States
, 306 F.2d 392 (10th Cir. 1962).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 38A C.J.S. Gaming § 75 et seq.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 19 - Gambling › Section 30-19-13 - Bribery of participant in a contest.

Bribery of participant in a contest consists of:
A. the transferring or promise to transfer anything of value to any person with intent to influence thereby any participant in a contest to refrain from exerting his full skill, speed, strength or endurance in such contest; or
B. the agreeing or offering by a participant in a contest, to refrain from exerting his full skill, speed, strength or endurance, in return for anything of value transferred or promised to himself or another.
The term "participant" as used in this section includes any person who is selected to or expects to take part in any such contest.
Whoever commits bribery of participant in a contest is guilty of a fourth degree felony.
History:
1953 Comp., § 40A-19-13, enacted by Laws 1963, ch. 303, § 19-13.
ANNOTATIONS
Cross references.
— For other provisions relating to bribery,
see
30-24-1 to 30-24-3 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Bribery in athletic contest, 49 A.L.R.2d 1234.
Private contests and lotteries: entrants' rights and remedies, 64 A.L.R.4th 1021.
Recovery in tort for wrongful interference with chance to win game, sporting event, or contest, 85 A.L.R.4th 1048.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 19 - Gambling › Section 30-19-14 - Testimony of witnesses to gambling.

Any district judge or justice of the peace [magistrate court] having jurisdiction over any of the crimes enumerated in this article [30-19-1 to 30-19-15 NMSA 1978], or any district attorney inquiring into the alleged violation of any of the provisions of this article, may subpoena persons and compel their attendance as witnesses and may compel such witnesses to testify concerning any violation of this article.
Any person who is so subpoenaed and examined shall be immune to prosecution or conviction for any violation of this article about which he testifies.
A conviction may be had for any violation of this article upon the unsupported testimony of any accomplice or participant.
History:
1953 Comp., § 40A-19-14, enacted by Laws 1963, ch. 303, § 19-14.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. The office of justice of the peace has been abolished by 35-1-38 NMSA 1978 and the jurisdiction, powers and duties thereof have been transferred to the magistrate courts.
Subpoena powers limited.
— A close study of the statutory language contained in 40-22-11, 1953 Comp., predecessor of this section, leads to the conclusion that the powers vested in district attorneys under the provisions of that section were limited to situations wherein the witnesses were brought before a grand jury, or were subpoenaed to testify as to alleged violations of the gaming laws of the state at the time of trial. 1961 Op. Att'y Gen. No. 61-88.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Witness, asking as to pursuing occupation of gambling for purposes of impeachment, 1 A.L.R. 1402.
Admissibility, in prosecution for gambling or gaming offense, of evidence of other acts of gambling, 64 A.L.R.2d 823.