Chapter 30 — Chapter 30

A. As used in this section: (1) "health facility" means a public or private hospital, outpatient facility, diagnostic and treatment center, rehabilitation center or infirmary. "Health facility" also includes those facilities that, by federal regulation, must be licensed by the st…

Chapter 30, Article 3A NMSA 1978 may be cited as the "Harassment and Stalking Act". History: 1978 Comp., § 30-3A-1, enacted by Laws 1997, ch. 10, § 1; 2009, ch. 21, § 1.

A. Harassment consists of knowingly pursuing a pattern of conduct that is intended to annoy, seriously alarm or terrorize another person and that serves no lawful purpose. The conduct must be such that it would cause a reasonable person to suffer substantial emotional distress. B…

A. Stalking consists of knowingly pursuing a pattern of conduct, without lawful authority, directed at a specific individual when the person intends that the pattern of conduct would place the individual in reasonable apprehension of death, bodily harm, sexual assault, confinemen…

A. Aggravated stalking consists of stalking perpetrated by a person: (1) who knowingly violates a permanent or temporary order of protection issued by a court, except that mutual violations of such orders may constitute a defense to aggravated stalking; (2) in violation of a cour…

The provisions of the [Harassment and] Stalking Act do not apply to: A. picketing or public demonstrations that are lawful or that arise out of a bona fide labor dispute; or B. a peace officer in the performance of his duties. History: 1978 Comp., § 30-3A-4, enacted by Laws 1997,…

A. Kidnapping is the unlawful taking, restraining, transporting or confining of a person, by force, intimidation or deception, with intent: (1) that the victim be held for ransom; (2) that the victim be held as a hostage or shield and confined against his will; (3) that the victi…

Criminal use of ransom consists of knowingly receiving, possessing, concealing or disposing of any portion of money or other property which has at any time been delivered for the ransom of a kidnaped person. Whoever commits criminal use of ransom is guilty of a third degree felon…

False imprisonment consists of intentionally confining or restraining another person without his consent and with knowledge that he has no lawful authority to do so. Whoever commits false imprisonment is guilty of a fourth degree felony. History: 1953 Comp., § 40A-4-3, enacted by…

A. As used in this section: (1) "child" means an individual who has not reached his eighteenth birthday; (2) "custody determination" means a judgment or order of a court of competent jurisdiction providing for the custody of a child, including visitation rights; (3) "person" mean…

History: 1953 Comp., § 40A-5-1, enacted by Laws 1969, ch. 67, § 1; 1978 Comp., § 30-5-1, repealed by Laws 2021, ch. 2, § 1.

History: 1953 Comp., § 40A-5-2, enacted by Laws 1969, ch. 67, § 2; 1978 Comp., § 30-5-2, repealed by Laws 2021, ch. 2, § 1.

History: 1953 Comp., § 40A-5-3, enacted by Laws 1969, ch. 67, § 3; 1978 Comp., § 30-5-3, repealed by Laws 2021, ch. 2, § 1.

This act [30-5A-1 to 30-5A-5 NMSA 1978] may be cited as the "Partial-Birth Abortion Ban Act". History: Laws 2000, ch. 55, § 1.

As used in the Partial-Birth Abortion Ban Act [30-5A-1 to 30-5A-5 NMSA 1978]: A. "abortion" means the intentional termination of the pregnancy of a female by a person who knows the female is pregnant; B. "fetus" means the biological offspring of human parents; C. "partial-birth a…

No person shall perform a partial-birth abortion except a physician who has determined that in his opinion the partial-birth abortion is necessary to save the life of a pregnant female or prevent great bodily harm to a pregnant female: A. because her life is endangered or she is …

A. Except as provided in Subsection B of this section, the following persons may bring a civil action to obtain relief pursuant to this section against a person who has violated the provisions of Section 3 [30-5A-3 NMSA 1978] of the Partial-Birth Abortion Ban Act: (1) the person …

A. Except as provided in Subsections B, C, D and E of this section, a person who violates Section 3 [30-5A-3 NMSA 1978] of the Partial-Birth Abortion Ban Act is guilty of a fourth degree felony and shall be sentenced pursuant to Section 31-18-15 NMSA 1978. B. The provisions of th…

A. As used in this section: (1) "child" means a person who is less than eighteen years of age; (2) "neglect" means that a child is without proper parental care and control of subsistence, education, medical or other care or control necessary for the child's well- being because of…

Abandonment of dependent consists of a person having the ability and means to provide for his spouse or minor child's support and abandoning or failing to provide for the support of such dependent. Whoever commits abandonment of dependent is guilty of a fourth degree felony. Hist…

Contributing to the delinquency of a minor consists of any person committing any act or omitting the performance of any duty, which act or omission causes or tends to cause or encourage the delinquency of any person under the age of eighteen years. Whoever commits contributing to…

neglect. Obstruction of reporting or investigation of child abuse or neglect consists of: A. knowingly inhibiting, preventing, obstructing or intimidating another from reporting, pursuant to Section 32A-4-3 NMSA 1978, child abuse or neglect, including child sexual abuse; or B. kn…

Chapter 30, Article 6A NMSA 1978 may be cited as the "Sexual Exploitation of Children Act". History: Laws 1984, ch. 92, § 1; 2015, ch. 13, § 1.

As used in the Sexual Exploitation of Children Act: A. "prohibited sexual act" means: (1) sexual intercourse, including genital-genital, oral-genital, anal-genital or oral-anal, whether between persons of the same or opposite sex; (2) bestiality; (3) masturbation; (4) sadomasochi…

A. It is unlawful for a person to intentionally possess any obscene visual or print medium depicting any prohibited sexual act or simulation of such an act if that person knows or has reason to know that the obscene medium depicts any prohibited sexual act or simulation of such a…

A. Any person knowingly receiving any pecuniary profit as a result of a child under the age of sixteen engaging in a prohibited sexual act with another is guilty of a second degree felony, unless the child is under the age of thirteen, in which event the person is guilty of a fir…

"Carrying a deadly weapon" means being armed with a deadly weapon by having it on the person, or in close proximity thereto, so that the weapon is readily accessible for use. History: 1953 Comp., § 40A-7-1, enacted by Laws 1963, ch. 303, § 7-1.

Sections 30-7-10 through 30-7-15 NMSA 1978 may be cited as the "Bus Passenger Safety Act". History: Laws 1979, ch. 376, § 1.

As used in the Bus Passenger Safety Act [30-7-10 to 30-7-15 NMSA 1978]: A. "bus transportation company" or "company" means any person, groups of persons or corporation providing for-hire transportation to passengers or cargo by bus upon the highways in New Mexico. The term also i…

A. It is unlawful to seize or exercise control of a bus by force or violence or by threat of force or violence. Whoever violates the provisions of this subsection is guilty of a third degree felony. B. It is unlawful to intimidate, threaten or assault any driver, attendant, guard…

A. It is unlawful for any person without prior approval from the company to board or attempt to board a bus while in possession of a firearm or other deadly weapon upon his person or effects and readily accessible to him while on the bus. Any person who violates the provisions of…

A bus transportation company may employ any reasonable means, including mechanical, electronic or x-ray devices to detect concealed weapons, explosives or other hazardous material in baggage or upon the person of a passenger. The company may take possession of any concealed weapo…

Any person wishing to transport a firearm or other deadly weapon on a bus may do so only in accordance with regulations established by the company; provided that any firearm or deadly weapon must be transported in a compartment which is not accessible to passengers while the bus …

possession by certain persons; penalty. A. It is unlawful for the following persons to receive, transport or possess a firearm or destructive device in this state: (1) a felon; (2) a person subject to an order of protection pursuant to Section 40-13-5 or 40-13A-5 NMSA 1978; or (3…

Sections 1 through 6 [30-7-17 to 30-7-22 NMSA 1978] of this act may be cited as the "Explosives Act". History: Laws 1981, ch. 246, § 1.

As used in the Explosives Act [30-7-17 to 30-7-22 NMSA 1978]: A. "explosive" means any chemical compound or mixture or device, the primary or common purpose of which is to explode and includes but is not limited to dynamite and other high explosives, black powder, pellet powder, …

A. Possession of explosives consists of knowingly possessing, manufacturing or transporting any explosive and either intending to use the explosive in the commission of any felony or knowing or reasonably believing that another intends to use the explosive to commit any felony. B…

A. Possession of an explosive device or incendiary device consists of knowingly possessing, manufacturing or transporting any explosive device or incendiary device or complete combination of parts thereof necessary to make an explosive device or incendiary device. This subsection…

A. Unlawful carrying of a deadly weapon consists of carrying a concealed loaded firearm or any other type of deadly weapon anywhere, except in the following cases: (1) in the person's residence or on real property belonging to him as owner, lessee, tenant or licensee; (2) in a pr…

A. Unlawful carrying of a deadly weapon on school premises consists of carrying a deadly weapon on school premises except by: (1) a peace officer; (2) school security personnel; (3) a student, instructor or other school-authorized personnel engaged in army, navy, marine corps or …

exceptions; penalty. A. Unlawful possession of a handgun by a person consists of a person knowingly having a handgun in the person's possession or knowingly transporting a handgun, except when the person is: (1) in attendance at a hunter's safety course or handgun safety course o…

transported by a person in violation of unlawful possession of a handgun by a person. A. A handgun is subject to seizure and forfeiture by a law enforcement agency when the handgun is possessed or transported by a person in violation of the offense of unlawful possession of a han…

notice; penalty. A. Unlawful carrying of a firearm on university premises consists of carrying a firearm on university premises except by: (1) a peace officer; (2) university security personnel; (3) a student, instructor or other university-authorized personnel who are engaged in…

Any person who intentionally gives, mails, sends or causes to be sent any false or facsimile bomb or explosive to another person or places or causes to be placed at any location any false or facsimile bomb or explosive, with the intent that any other person thinks it is a real bo…

A. False report consists of knowingly conveying or causing to be conveyed to any police agency or fire department a false report concerning a fire or explosion or the placement of any explosives or explosive or incendiary device or any other destructive substance and includes, bu…

A. Interference with bomb or fire control consists of: (1) intentionally interfering with the proper functioning of a fire alarm system; (2) intentionally interfering with the lawful efforts of a fireman or police officer to control or extinguish a fire or to secure the safety of…

establishments. A. Unlawful carrying of a firearm in an establishment licensed to dispense alcoholic beverages consists of carrying a loaded or unloaded firearm on any premises licensed by the regulation and licensing department for the dispensing of alcoholic beverages except: (…

penalty. A. Unlawful possession of a weapon conversion device consists of a person knowingly having in that person's possession an unlawfully obtained weapon conversion device or knowingly transporting an unlawfully obtained weapon conversion device. B. A person who commits unlaw…

A. Negligent use of a deadly weapon consists of: (1) discharging a firearm into any building or vehicle or so as to knowingly endanger a person or his property; (2) carrying a firearm while under the influence of an intoxicant or narcotic; (3) endangering the safety of another by…

negligently making a firearm accessible to a minor resulting in great bodily harm or death; penalties. A. A person commits the crime of negligently making a firearm accessible to a minor if: (1) the person keeps or stores a firearm in a manner that negligently disregards a minor'…