Chapter 20 — Chapter 20

sufficient funds. Any person subject to Chapter 20 NMSA 1978 who: A. for the procurement of any article or thing of value, with intent to defraud; or B. for the payment of any past due obligation, or for any other purpose, with intent to deceive; makes, draws, utters or delivers …

Any person subject to Chapter 20 NMSA 1978 who, with intent to injure, disfigure or disable, inflicts upon the person of another an injury which: A. seriously disfigures his person by a mutilation thereof; B. destroys or disables any member or organ of his body; or C. seriously d…

History: 1978 Comp., § 20-12-57, enacted by Laws 1989, ch. 337, § 56; repealed by Laws 2021, ch. 55, § 12.

A. Any person subject to Chapter 20 NMSA 1978 who willfully and maliciously burns or sets on fire an inhabited dwelling or any other structure, movable or immovable, wherein to the knowledge of the offender there is at the time a human being, is guilty of aggravated arson and sha…

A. Any person subject to Chapter 20 NMSA 1978 who attempts or offers with unlawful force or violence to do bodily harm to another person, whether or not the attempt or offer is consummated, is guilty of assault and shall be punished as a court- martial may direct. B. Any person s…

A. Except when the militia is in actual service in time of war or public danger, no punishment imposed by court martial shall exceed that prescribed for a misdemeanor. Imposition of a punitive discharge or a forfeiture of pay or a fine in addition to confinement shall not be deem…

Any person subject to Chapter 20 NMSA 1978 who communicates threats to another person with the intention thereby to obtain anything of value or any acquittance, advantage or immunity is guilty of extortion and shall be punished as a court-martial may direct. History: 1978 Comp., …

Any person subject to Chapter 20 NMSA 1978 who, with intent to commit an offense punishable under Sections 20-12-49 through 20-12-60 NMSA 1978 breaks and enters, in the nighttime, the dwelling house of another, is guilty of burglary and shall be punished as a court-martial may di…

Any person subject to Chapter 20 NMSA 1978 who unlawfully enters the building or structure of another with intent to commit a criminal offense therein is guilty of housebreaking and shall be punished as a court-martial may direct. History: 1978 Comp., § 20-12-62, enacted by Laws …

Any person subject to Chapter 20 NMSA 1978 who in a judicial proceeding or in a course of justice willfully and corruptly: A. upon a lawful oath or in any form allowed by law to be substituted for an oath, gives any false testimony material to the issue or matter of inquiry; or B…

Any person subject to Chapter 20 NMSA 1978: A. who, knowing it to be false or fraudulent: (1) makes any claim against the United States or any officer thereof; or (2) presents to any person in the civil or military service thereof, for approval or payment, any claim against the U…

Any commissioned officer, cadet or midshipman who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct. History: 1978 Comp., § 20-12-65, enacted by Laws 1989, ch. 337, § 64.

A. Any person subject to Chapter 20 NMSA 1978 who wrongfully uses, possesses, manufactures, distributes, imports into the customs territory of the United States, exports from the United States or introduces into an installation, vessel, vehicle or aircraft used by or under the co…

Any sentinel or look-out who is found drunk or sleeping upon his post, or leaves it before he is regularly relieved, shall be punished, if the offense is committed in time of war, by death or other punishment as a court-martial may direct, but if the offense is committed at any o…

History: 1978 Comp., § 20-12-68, enacted by Laws 1989, ch. 337, § 67; repealed by Laws 2021, ch. 55, § 12.

Any person subject to Chapter 20 NMSA 1978 who for the purpose of avoiding work, duty or service: A. feigns illness, physical disablement, mental lapse or derangement; or B. intentionally inflicts self-injury; shall be punished as a court-martial may direct. History: 1978 Comp., …

A. The advice of the staff judge advocate prescribed by Article 34, Uniform Code of Military Justice and the review required by Article 64, Uniform Code of Military Justice shall be accomplished by the state judge advocate or his designee. B. Appeals shall be taken according to t…

Any person subject to Chapter 20 NMSA 1978 who causes or participates in any riot or breach of the peace shall be punished as a court-martial may direct. History: 1978 Comp., § 20-12-70, enacted by Laws 1989, ch. 337, § 69.

Any person subject to Chapter 20 NMSA 1978 who uses provoking or reproachful words or gestures toward any other person subject to that chapter shall be punished as a court-martial may direct. History: 1978 Comp., § 20-12-71, enacted by Laws 1989, ch. 337, § 70.

Any person subject to Chapter 20 NMSA 1978 who: A. commits an offense punishable by Chapter 20 NMSA 1978 or aids, abets, counsels or procures its commission; or B. causes an act to be done which if directly performed by him would be punishable by Chapter 20 NMSA 1978; is a princi…

Though not specifically mentioned in Chapter 20 NMSA 1978, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces and crimes and offenses not capital, of which persons subject …

person in position of special trust; consent not a defense. A. Any person subject to Chapter 20 NMSA 1978 shall be punished as a court- martial may direct if the person: (1) is an officer or noncommissioned officer; (2) is in a training leadership position with respect to a speci…

device or lapel button. A. Any person subject to Chapter 20 NMSA 1978 shall be punished as a court- martial may direct if the person: (1) is not authorized to wear an insignia, decoration, badge, ribbon, device or lapel button; and (2) wrongfully wears such insignia, decoration, …

In a sentence which includes confinement, the convening authority shall prescribe the place of confinement which may be a federal military confinement facility, the county correctional facility where the accused's unit is headquartered or where the accused resides or to the state…

In a sentence or approved nonjudicial punishment which includes a reduction in enlisted grade or a suspended reduction in enlisted grade, the imposing authority need not have promotion authority to the grade from which the accused is reduced. History: 1978 Comp., § 20-12-9, enact…

This act may be cited as the "Senior Master Sergeant Jessey Baca Military Airborne Hazards and Open Burn Pit Registry Act". History: Laws 2015, ch. 94, § 1.

creation; duties. For the purposes of outreach, education and advocacy for New Mexico service members and veterans who have been exposed to open burn pit smoke or other airborne hazards during their service in operation Iraqi freedom, operation enduring freedom, operation new daw…

This act [20-14-1 to 20-14-3 NMSA 1978] may be cited as the "National Guard Death Benefit Act". History: Laws 2023, ch. 41, § 1.

The "national guard death benefit fund" is created in the state treasury and shall be administered by the department of military affairs. The fund shall consist of all gifts, donations and bequests of money to the fund as well as any appropriations made to the fund. Earnings from…

A. The adjutant general shall determine whether a member of the national guard or a member of the state defense force division of the department of military affairs has been killed while on state active duty. In addition to any other death benefits provided by law, the beneficiar…