Chapter 30 — Chapter 30

As used in the Animal Sexual Abuse Act: A. "animal" means any wild or domestic fauna, including livestock, alive or dead, in any setting, that is not a human being; B. "coerce" means the use of threat, physical force or violence against another person to commit an act of bestiali…

A. Bestiality consists of a person engaging in sexual contact with an animal. A person who commits bestiality is guilty of a fourth degree felony. B. Promoting bestiality consists of a person: (1) coercing, soliciting or manipulating a human to commit bestiality; or (2) selling o…

Bigamy consists of knowingly entering into a marriage by or with a person who has previously contracted one or more marriages which have not been dissolved by death, divorce or annulment. Both parties may be principals. Whoever commits bigamy is guilty of a fourth degree felony. …

ANNOTATIONS Repeals. — Laws 2001, ch. 32, § 1 repealed 30-10-2 NMSA 1978, as enacted by Laws 1963, ch. 303, § 10-2, relating to unlawful cohabitation and the penalties subscribed thereto, effective June 15, 2001. For provisions of former section, see the 2000 NMSA 1978 on NMOneSo…

Incest consists of knowingly intermarrying or having sexual intercourse with persons within the following degrees of consanguinity: parents and children including grandparents and grandchildren of every degree, brothers and sisters of the half as well as of the whole blood, uncle…

Libel consists of making, writing, publishing, selling or circulating without good motives and justifiable ends, any false and malicious statement affecting the reputation, business or occupation of another, or which exposes another to hatred, contempt, ridicule, degradation or d…

Interference with communications consists of knowingly and without lawful authority: A. displacing, removing, injuring or destroying any radio station, television tower, antenna or cable, telegraph or telephone line, wire, cable, pole or conduit belonging to another, or the mater…

communications. A. No otherwise privileged wire or oral communication intercepted in accordance with, or in violation of, the provisions of this act [30-12-1 to 30-12-11 NMSA 1978] shall lose its privileged character. B. When an investigative or law enforcement officer, while eng…

A. Any person whose wire or oral communication is intercepted, disclosed or used in violation of this act [30-12-1 to 30-12-11 NMSA 1978] shall: (1) have a civil cause of action against any person who intercepts, discloses or uses, or procures any other person to intercept, discl…

Disturbing a marked burial ground consists of knowingly and willfully disturbing or removing the remains, or any part of them, or any funerary object, material object or associated artifact of any person interred in any church, churchyard, cemetery or marked burial ground or know…

Defacing tombs consists of either: A. intentionally defacing, breaking, destroying or removing any tomb, monument or gravestone erected to any deceased person or any memento, memorial or marker upon any place of burial of any human being or any ornamental plant, tree or shrub app…

Unlawful burial consists of the using of any land or lands as a burial place of interment within fifty yards from either side of the bank or border of any stream, river or any body of water, by a person or persons, society of persons, order, corporation or corporations. Whoever c…

An ex parte order for wiretapping, eavesdropping or the interception of any wire or oral communication may be issued by any judge of a district court upon application of the attorney general or a district attorney, stating that there is probable cause to believe that: A. evidence…

Each application for wiretapping, eavesdropping or the interception of any wire or oral communication shall be made in writing upon oath or affirmation to a judge of a district court and shall state the applicant's authority to make such application. Each application shall includ…

Upon application, the judge may enter an ex parte order, as requested or as modified, authorizing or approving wiretapping, eavesdropping or the interception of wire or oral communications within the district in which the judge is sitting, if the judge determines on the basis of …

A. Each order authorizing or approving wiretapping, eavesdropping or interception of wire or oral communications shall specify: (1) the identity, if known, of the person whose communications are to be intercepted; (2) the nature and location of the communication facilities as to …

No order entered under this act [30-12-1 to 30-12-11 NMSA 1978] may authorize or approve the interception of any wire or oral communication for any period longer than is necessary to achieve the objective of the authorization, nor in any event longer than thirty days. Extensions …

A. The contents of any wire or oral communication intercepted by any means authorized by this act [30-12-1 to 30-12-11 NMSA 1978] shall, if possible, be recorded on tape, wire or other comparable device. The recording shall be done in such a way as will protect the recording from…

suppress. A. The contents of any intercepted wire or oral communication or evidence derived therefrom shall not be received in evidence or otherwise disclosed in any trial, hearing or other proceeding in a state court unless each party, not less than ten days before the trial, he…

A. Any investigative or law enforcement officer who, by any means authorized by this act [30-12-1 to 30-12-11 NMSA 1978], has obtained knowledge of the contents of any wire or oral communication, or evidence derived therefrom, may: (1) disclose such contents to another investigat…

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 guilt…

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 …

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 qualifi…

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 redeemabl…

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 i…

A. Criminal trespass consists of knowingly entering or remaining upon posted private property without possessing written permission from the owner or person in control of the land. The provisions of this subsection do not apply if: (1) the owner or person in control of the land h…

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 m…

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…

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.

A. Wrongful use of public property consists of: (1) knowingly entering any public property without permission of the lawful custodian or his representative when the public property is not open to the public; (2) remaining in or occupying any public property after having been requ…

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.

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 sh…

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.

A. Breaking and entering consists of the unauthorized entry of any vehicle, watercraft, aircraft, dwelling or other structure, movable or immovable, where entry is obtained by fraud or deception, or by the breaking or dismantling of any part of the vehicle, watercraft, aircraft, …

Criminal damage to property consists of intentionally damaging any real or personal property of another without the consent of the owner of the property. Whoever commits criminal damage to property is guilty of a petty misdemeanor, except that when the damage to the property amou…

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 …

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 …

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., …

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) …

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 har…

Anyone violating the provisions of Section 1 [30-15-5 NMSA 1978] of this act shall be guilty of a misdemeanor. History: Laws 1981, ch. 236, § 2.

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 …

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 crimin…

A. Larceny consists of the stealing of anything of value that belongs to another. B. Whoever commits larceny when the value of the property stolen is two hundred fifty dollars ($250) or less is guilty of a petty misdemeanor. C. Whoever commits larceny when the value of the proper…

A. Forgery consists of: (1) falsely making or altering any signature to, or any part of, any writing purporting to have any legal efficacy with intent to injure or defraud; or (2) knowingly issuing or transferring a forged writing with intent to injure or defraud. B. Whoever comm…

A. Receiving stolen property means intentionally to receive, retain or dispose of stolen property knowing that it has been stolen or believing it has been stolen, unless the property is received, retained or disposed of with intent to restore it to the owner. B. The requisite kno…

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 a…

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 St…

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 ha…

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 …