Chapter 30 — Chapter 30

Possession of deadly weapon or explosive by prisoner in lawful custody consists of any inmate of a penal institution, reformatory, jail or prison farm or ranch possessing any deadly weapon or explosive substance. Whoever commits possession of deadly weapon or explosive by prisone…

Assault by prisoner consists of intentionally: A. placing an officer or employee of any penal institution, reformatory, jail or prison farm or ranch, or a visitor therein, in apprehension of an immediate battery likely to cause death or great bodily harm; B. causing or attempting…

Encouraging violation of probation, parole or bail consists of intentionally aiding or encouraging a person known by him to be on parole, probation or bail to abscond or to violate a term or condition of his probation, parole or bail. Whoever commits encouraging violation of prob…

Unlawful assault on any jail consists of any person or group of persons assaulting or attacking any jail, prison or other public building or place of confinement of prisoners held in lawful custody or confinement. Whoever commits unlawful assault on any jail, prison or other publ…

Refusing to aid an officer consists of refusing to assist any peace officer in the preservation of the peace when called upon by such officer in the name of the United States or the state of New Mexico. Whoever commits refusing to aid an officer is guilty of a petty misdemeanor. …

search warrant. A. It is not a violation of Section 30-22-1 or Section 30-22-4 NMSA 1978 for a person who is a member, resident, employee or volunteer of or is otherwise associated with a domestic violence safe house or shelter to request that a law enforcement officer show a val…

Unlawful distribution of convict-made goods consists of any person knowingly distributing, exchanging, selling or offering for sale any goods, wares or merchandise manufactured, produced or mined, either wholly or in part, by prisoners held in lawful custody or confinement of any…

A. Assault upon a peace officer consists of: (1) an attempt to commit a battery upon the person of a peace officer while he is in the lawful discharge of his duties; or (2) any unlawful act, threat or menacing conduct which causes a peace officer while he is in the lawful dischar…

A. Aggravated assault upon a peace officer consists of: (1) unlawfully assaulting or striking at a peace officer with a deadly weapon while he is in the lawful discharge of his duties; (2) committing assault by threatening or menacing a peace officer who is engaged in the lawful …

officer. A. Assault with intent to commit a violent felony upon a peace officer consists of any person assaulting a peace officer while he is in the lawful discharge of his duties with intent to kill the peace officer. B. Whoever commits assault with intent to commit a violent fe…

A. Battery upon a peace officer is the unlawful, intentional touching or application of force to the person of a peace officer while he is in the lawful discharge of his duties, when done in a rude, insolent or angry manner. B. Whoever commits battery upon a peace officer is guil…

A. Aggravated battery upon a peace officer consists of the unlawful touching or application of force to the person of a peace officer with intent to injure that peace officer while he is in the lawful discharge of his duties. B. Whoever commits aggravated battery upon a peace off…

A. Every person who assists or is assisted by one or more other persons to commit a battery upon any peace officer while he is in the lawful discharge of his duties is guilty of a fourth degree felony. B. This section is designed to protect officers from assaults and batteries by…

A. Disarming a peace officer consists of knowingly: (1) removing a firearm or weapon from the person of a peace officer when the officer is acting within the scope of his duties; or (2) depriving a peace officer of the use of a firearm or weapon when the officer is acting within …

Concealing identity consists of concealing one's true name or identity, or disguising oneself with intent to obstruct the due execution of the law or with intent to intimidate, hinder or interrupt any public officer or any other person in a legal performance of his duty or the ex…

Harboring or aiding a felon consists of any person, not standing in the relation of husband or wife, parent or grandparent, child or grandchild, brother or sister by consanguinity or affinity, who knowingly conceals any offender or gives such offender any other aid, knowing that …

A. Tampering with evidence consists of destroying, changing, hiding, placing or fabricating any physical evidence with intent to prevent the apprehension, prosecution or conviction of any person or to throw suspicion of the commission of a crime upon another. B. Whoever commits t…

Compounding a crime consists of knowingly agreeing to take anything of value upon the agreement or understanding, express or implied, to compound or conceal a crime or to abstain from a prosecution therefor, or to withhold any evidence thereof. For purposes of this section, a per…

Unlawful rescue consists of intentionally, and without lawful authority, rescuing any person lawfully in custody or confinement. Whoever commits unlawful rescue of a person charged with or convicted of a crime not constituting a capital felony, or who is charged with but not conv…

Escape from jail consists of any person who shall have been lawfully committed to any jail, escaping or attempting to escape from such jail. Whoever commits escape from jail is guilty of a fourth degree felony. History: 1953 Comp., § 40A-22-8, enacted by Laws 1963, ch. 303, § 22-…

A. Escape from a community custody release program consists of a person, excluding a person on probation or parole, who has been lawfully committed to a judicially approved community custody release program, including a day reporting program, an electronic monitoring program, a d…

A. Escape from a secure residential treatment facility consists of a person lawfully committed for a criminal offense to a secure residential treatment facility escaping from the facility. B. Whoever commits escape from a secure residential treatment facility is guilty of a misde…

Escape from penitentiary consists of any person who shall have been lawfully committed to the state penitentiary: A. escaping or attempting to escape from such penitentiary; or B. escaping or attempting to escape from any other lawful place of custody or confinement and although …

Demanding illegal fees consists of any public officer or public employee knowingly asking or accepting anything of value greater than that fixed or allowed by law for the execution or performance of any service or duty. Whoever commits demanding illegal fees is guilty of a petty …

rendered. Paying or receiving public money for services not rendered consists of knowingly making or receiving payment or causing payment to be made from public funds where such payment purports to be for wages, salary or remuneration for personal servives [services] which have n…

Making or permitting false public voucher consists of knowingly, intentionally or wilfully [willfully] making, causing to be made or permitting to be made, a false material statement or forged signature upon any public voucher, or invoice supporting a public voucher, with intent …

Any citizen of this state may file suit in the district court to restrain the payment or receipt of public money in violation of Sections 23-2 and 23-3 [30-23-2 and 30-23-3 NMSA 1978]. Jurisdiction to entertain and adjudicate such suits is conferred upon the district courts, and …

Unlawful speculation in claims against state consists of any public officer or public employee directly or indirectly buying, selling, bartering, dealing in or speculating in or with any certificate, warrant or other evidence of indebtedness issued by the state, a municipality or…

Unlawful interest in a public contract consists of: A. any public officer or public employee receiving anything of value, directly or indirectly, from either a seller or a seller's agents, or a purchaser or a purchaser's agents in connection with the sale or purchase of securitie…

In addition to any criminal penalties imposed by Section 23-6 [30-23-6 NMSA 1978], a public officer or public employee convicted of violating such section shall be liable for anything of value received by him to the department of the state or political subdivision in whose employ…

Bribery of public officer or public employee consists of any person giving or offering to give, directly or indirectly, anything of value to any public officer or public employee, with intent to induce or influence such public officer or public employee to: A. give or render any …

employee. Demanding or receiving bribe by public officer or public employee consists of any public officer or public employee soliciting or accepting, directly or indirectly, anything of value, with intent to have his decision or action on any question, matter, cause, proceeding …

witness. A. Bribery or intimidation of a witness consists of any person knowingly: (1) giving or offering to give anything of value to any witness or to any person likely to become a witness in any judicial, administrative, legislative or other official cause or proceeding to tes…

A. No person who is a witness or is likely to become a witness shall receive, agree to receive or solicit any bribe or anything of value to: (1) testify falsely or to abstain from testifying to any fact in any cause in any judicial, administrative, legislative or other proceeding…

A. Perjury consists of making a false statement under oath, affirmation or penalty of perjury, material to the issue or matter involved in the course of any judicial, administrative, legislative or other official proceeding or matter, knowing such statement to be untrue. B. Whoev…

Refusal to take oath or affirmation consists of the refusal of any person, when legally called upon to give testimony before any court, administrative proceeding, legislative proceeding or other authority in this state, authorized to administer oaths or affirmations, to take such…

Tampering with public records consists of: A. knowingly altering any public record without lawful authority; B. any public officer or public employee knowingly filing or recording any written instrument, judicial order, judgment or decree in a form other than as the original ther…

Refusal to surrender public record consists of any person wrongfully or unlawfully refusing or neglecting to deliver unto the proper authority, any record of either house of the legislature, of any court of this state or of any department of the state or local government which he…

Malicious criminal prosecution consists of maliciously procuring or attempting to procure an indictment or otherwise causing or attempting to cause a criminal charge to be preferred or prosecuted against an innocent person, knowing him to be innocent. Whoever commits malicious cr…

ANNOTATIONS Repeals. — Laws 1999, ch. 120, § 2 repealed 30-27-2 NMSA 1978, as enacted by Laws 1963, ch. 303, § 27-2, relating to impersonation of a public officer, effective July 1, 1999. For provisions of former section, see the 1998 NMSA 1978 on NMOneSource.com. For present com…

A. Impersonating a peace officer consists of: (1) without due authority exercising or attempting to exercise the functions of a peace officer; or (2) pretending to be a peace officer with the intent to deceive another person. B. Whoever commits impersonating a peace officer is gu…

Barratry consists of: A. intentionally instigating, maintaining, exciting, prosecuting or encouraging the bringing of any suit in any court of this state in which such person has no interest, with the intent to distress or harass the defendant; B. intentionally bringing or prosec…

Securing signature to petition by unlawful means consists of securing the signature of any person to any petition now or hereafter provided for by the laws of this state, by paying or promising to pay the signer anything of value, direct or indirect, or by securing such signature…

A. Simulating legal process consists of knowingly issuing or delivering to a person a document that falsely simulates civil or criminal process. "Civil or criminal process" means a document or order, including but not limited to a summons, lien, complaint, warrant, injunction, wr…

Attempt to commit a felony consists of an overt act in furtherance of and with intent to commit a felony and tending but failing to effect its commission. Whoever commits attempt to commit a felony, upon conviction thereof, shall be punished as follows: A. if the crime attempted …

A. Conspiracy consists of knowingly combining with another for the purpose of committing a felony within or without this state. B. Whoever commits conspiracy shall be punished as follows: (1) if the highest crime conspired to be committed is a capital or first degree felony, the …

A. Except as to bona fide acts of persons authorized by law to investigate and detect the commission of offenses by others, a person is guilty of criminal solicitation if, with the intent that another person engage in conduct constituting a felony, he solicits, commands, requests…

A. No person shall sell glue to any person under eighteen years of age. A New Mexico driver's license shall be prima facie proof of age. B. Wholesale distributors of glue shall make available to the health services division of the health and environment department [department of …

penalty. A. No person shall intentionally smell, sniff or inhale the fumes or vapors from a glue, aerosol spray product or other chemical substance for the purpose of causing a condition of or inducing symptoms of intoxication, elation, euphoria, dizziness, excitement, irrational…

Illegal possession of mercury consists of possessing more than one pound of mercury without also possessing a bona fide bill of sale or other instrument in writing relating to the mercury in possession stating the name and address of the seller, the name and address of the purcha…