Chapter 30 — Chapter 30

A. It is unlawful for any person for commercial advantage or private financial gain to advertise, offer for sale or resale, sell, resell, lease or possess for any of these purposes any recording that the person knows does not contain the true name of the manufacturer in a promine…

A. It is unlawful for any person for commercial advantage or private financial gain to advertise, offer for sale, sell, rent, transport, cause the sale, resale, rental or transportation of or possess for one or more of these purposes a recording of a live performance that has bee…

The provisions of the Unauthorized Recording Act do not apply to: A. any radio or television broadcaster who transfers any recording as part of, or in connection with, a radio or television broadcast transmission or for archival preservation; B. any recording defined as a public …

Nothing in the Unauthorized Recording Act shall enlarge or diminish the rights of parties in private litigation. History: Laws 1991, ch. 112, § 7.

Pursuant to the provisions of the Forfeiture Act [Chapter 31, Article 27 NMSA 1978], the following are subject to forfeiture: A. all equipment, devices or articles that have been produced, reproduced, manufactured, distributed, dispensed or acquired in violation of the Unauthoriz…

The provisions of the Forfeiture Act [Chapter 31, Article 27 NMSA 1978] apply to the seizure, forfeiture and disposal of property subject to forfeiture under the Unauthorized Recording Act. History: Laws 1991, ch. 112, § 9; 2002, ch. 4, § 13.

A. Unlawful operation of an audiovisual recording device consists of a person knowingly operating an audiovisual recording device to record or transmit a motion picture in a motion picture theater without the consent of the motion picture theater owner or manager while a motion p…

A. Unlawful taking of a vehicle or motor vehicle consists of a person taking any vehicle or motor vehicle as defined by the Motor Vehicle Code [Chapter 66, Articles 1 to 8 NMSA 1978] intentionally and without consent of the owner. Whoever commits unlawful taking of a vehicle or m…

A. Embezzlement of a vehicle or motor vehicle consists of a person embezzling or converting to the person's own use a vehicle or motor vehicle as defined by the Motor Vehicle Code [Chapter 66, Articles 1 to 8 NMSA 1978], with which the person has been entrusted, with the fraudule…

A. Fraudulently obtaining a vehicle or motor vehicle consists of a person intentionally misappropriating or taking a vehicle or motor vehicle as defined by the Motor Vehicle Code [Chapter 66, Articles 1 to 8 NMSA 1978] that belongs to another person by means of fraudulent conduct…

vehicles. A. Receiving or transferring a stolen vehicle or motor vehicle consists of a person who, with intent to procure or pass title to a vehicle or motor vehicle as defined by the Motor Vehicle Code [Chapter 66, Articles 1 to 8 NMSA 1978] that the person knows or has reason t…

A. Whoever violates any of the provisions described in Sections 30-16D-1 through 30-16D-4 NMSA 1978 is guilty of a: (1) fourth degree felony for a first offense; (2) third degree felony for a second offense, regardless of which provision was the first offense; and (3) second degr…

A. Injuring or tampering with a motor vehicle consists of a person, individually or in association with another person: (1) purposely and without authority from the owner starting or causing to be started the engine of any motor vehicle; (2) purposely and maliciously shifting or …

A. No person shall, with fraudulent intent, deface, remove, cover, destroy or alter 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 rev…

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 thi…

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…

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…

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.

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.

A. Arson consists of a person maliciously or willfully starting a fire or causing an explosion with the purpose of destroying or damaging: (1) a building, occupied structure or property of another person; (2) a bridge, utility line, fence or sign; or (3) any property, whether the…

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 structur…

exceptions. A. As used in this section, "animal" does not include insects or reptiles. B. Cruelty to animals consists of a person: (1) negligently mistreating, injuring, killing without lawful justification or tormenting an animal; or (2) abandoning or failing to provide necessar…

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 …

A. If the court finds that a seized animal is not being cruelly treated and that the animal's owner is able to provide for the animal adequately, the court shall return the animal to its owner. B. If the court finds that a seized animal is being cruelly treated or that the animal…

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. Une…

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…

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 e…

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 lives…

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 o…

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.

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…

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…

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 provision…

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…

Unlawful branding consists of either: A. branding, marking or causing to be branded or marked any animal, which is the property of another, with any brand not the brand of the owner of the animal; B. defacing or obliterating any brand or mark upon any animal which is the property…

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 own…

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. intentionall…

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: 195…

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 bee…

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 recor…

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 adu…

As used in Chapter 30, Article 19 NMSA 1978: A. "antique gambling device" means a gambling device manufactured before 1970 and substantially in original condition that is not used for gambling or commercial gambling or located in a gambling place; B. "bet" means a bargain in whic…

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 L…

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 …

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 th…

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. t…

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 subpoen…

transmitted or delivered for gambling; penalty. A. It is unlawful for any person to, directly or indirectly, knowingly accept for a fee, property, salary or reward anything of value from another to be transmitted or delivered for gambling or parimutuel [pari-mutuel] wagering on t…

Gambling consists of: A. making a bet; B. entering or remaining in a gambling place with intent to make a bet, to participate in a lottery or to play a gambling device; C. conducting a lottery; or D. possessing facilities with intent to conduct a lottery. Whoever commits gambling…

Commercial gambling consists of either: A. participating in the earnings of or operating a gambling place; B. receiving, recording or forwarding bets or offers to bet; C. possessing facilities with the intent to receive, record or forward bets or offers to bet; D. for gain, becom…