Chapter 30. Criminal Offenses.
Article 9a. Animal Sexual Abuse Act
§ 30-9A-1. Short title
§ 30-9A-2. Definitions
§ 30-9A-3. Bestiality; aggravated bestiality; penalties
Article 18. Animals
Cruelty Provisions
§ 30-18-1 . Cruelty to animals; extreme cruelty to animals; penalties; exceptions
§ 30-18-1.1 . Seizure of animals; notice
§ 30-18-1.2 . Disposition of seized animals
§ 30-18-1.3 . Costs
§§ 30-18-2, 30-18-2.1 . Repealed by L. 1999, Ch. 107, § 6, eff. July 1, 1999
Unlawful Use or Confinement of Animals
§ 30-18-3 . Unlawful branding
§ 30-18-4 . Unlawful disposition of animal
§ 30-18-5 . Illegal confinement of animals
§ 30-18-6 . Transporting stolen livestock
§ 30-18-7 . Misrepresentation of pedigree
§ 30-18-8 . Killing unbranded cattle; killing, without bill of sale cattle bearing brand of another person; penalty
Animal Fighting Provisions
§ 30-18-9 . Dog fighting and cockfighting; penalty
§ 30-18-10 . Exclusion
Equine and Livestock Provisions
§ 30-18-11 . Unlawful tripping of an equine; exception
§ 30-18-12 . Injury to livestock
Law Enforcement Animal Provisions
§ 30-18-13 . Injury to a police dog, police horse or fire dog; harassment of a police dog, police horse or fire dog
Miscellaneous
§ 30-18-14 . Livestock crimes; livestock inspectors to enforce
§ 30-18-15 . Intracardiac injection prohibited on conscious animal
§ 30-18-16. Coyote-killing contests prohibited; definition; penalties
Chapter 77. Animals and Livestock. Article 18. General Animal Regulations
§ 77-18-2. Seizure and disposition of cruelly treated livestock
§ 77-18-3. Prohibited means of disposal or destruction
§ 77-18-4. Penalty
Article 9a. Animal Sexual Abuse Act
Chapter 30, Article 9A NMSA 1978 may be cited as the “Animal Sexual Abuse Act”.
Credits
Added by L. 2023, Ch. 42, § 1, eff. June 16, 2023.
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 bestiality;
C. “manipulate” means the use of persuasion, extortion, retaliation, deceit or other acts not involving force or coercion to cause another person to commit an act of bestiality;
D. “orifice” means the mouth, vulva or anus;
E. “sexual contact with an animal” means:
(1) the intentional insertion of the genitals or mouth of an animal into an orifice of a human's body;
(2) the intentional insertion of the genitals or mouth of a human into an orifice of an animal's body;
(3) the intentional insertion of an object into the genitals or anus of an animal; and
(4) contact, handling or stimulation of the genitals or anus of an animal by a human.
“Sexual contact with an animal” does not include accepted veterinary medical practices; accepted animal husbandry, care and grooming practices in the caretaking of animals; accepted practices related to the insemination of animals for the purpose of procreation; or accepted practices related to conformation judging; and
F. “solicit” means to entice, induce, encourage or attempt to persuade another person to commit an act of bestiality.
Credits
Added by L. 2023, Ch. 42, § 2, eff. June 16, 2023.
§ 30-9A-3. Bestiality; aggravated bestiality; penalties
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 or transferring, offering to sell or transfer, advertising for sale or transfer, purchasing or offering to purchase, possessing or otherwise obtaining an animal with the intent that the animal be used for bestiality.
A person who commits promoting bestiality is guilty of a fourth degree felony.
C. Aggravated bestiality consists of a person:
(1) committing bestiality or promoting bestiality in the presence of a minor; or
(2) committing bestiality or promoting bestiality in which a minor is a participant.
A person who commits aggravated bestiality is guilty of a third degree felony.
D. Emission by a human or animal is not required to prove sexual contact with an animal.
E. If a person has been convicted of a crime pursuant to this section, in addition to any other penalties, the sentencing court shall include in the judgment and sentence all of the following:
(1) that all animals under the direct care and control of the convicted person be seized and turned over to an agent of the New Mexico livestock board or to an animal control agency operated by the state or a local government or an animal shelter or other animal welfare organization designated by the animal control agency. The receiver of seized animals has the authority to determine the disposition of seized animals, but shall not return the animals to the convicted person; and
(2) that the convicted person shall not be allowed to own, possess, reside with or exercise control over any animal or engage in any occupation or profession, whether paid or unpaid, at any place where animals are kept or cared for, for a definite period not less than three years and not more than fifteen years; provided that the time the person spent in actual confinement serving a criminal sentence shall be excluded from the calculation of the definite period.
F. If a person has been convicted of a crime pursuant to this section, in addition to criminal penalties and other penalties specified in Subsection E of this section, the sentencing court may order:
(1) that the convicted person submit to a psychological assessment and participate in appropriate counseling; and
(2) that the convicted person pay restitution for incurred costs of veterinary care, boarding, food and other reasonable costs of care for an animal as a result of the crime.
G. A person shall not be convicted of a crime specified in this section if the person's sexual contact with an animal was coerced or manipulated.
Credits
Added by L. 2023, Ch. 42, § 3, eff. June 16, 2023.
Article 18. Animals
§ 30-18-1. Cruelty to animals; extreme cruelty to animals; penalties; 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 necessary sustenance to an animal under that person's custody or control.
C. As used in Subsection B of this section, "lawful justification" means:
(1) humanely destroying a sick or injured animal; or
(2) protecting a person or animal from death or injury due to an attack by another animal.
D. Whoever commits cruelty to animals is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978. Upon a fourth or subsequent conviction for committing cruelty to animals, the offender is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
E. Extreme cruelty to animals consists of a person:
(1) intentionally or maliciously torturing, mutilating, injuring or poisoning an animal; or
(2) maliciously killing an animal.
F. Whoever commits extreme cruelty to animals is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
G. The court may order a person convicted for committing cruelty to animals to participate in an animal cruelty prevention program or an animal cruelty education program. The court may also order a person convicted for committing cruelty to animals or extreme cruelty to animals to obtain psychological counseling for treatment of a mental health disorder if, in the court's judgment, the mental health disorder contributed to the commission of the criminal offense. The offender shall bear the expense of participating in an animal cruelty prevention program, animal cruelty education program or psychological counseling ordered by the court.
H. If a child is adjudicated of cruelty to animals, the court shall order an assessment and any necessary psychological counseling or treatment of the child.
I. The provisions of this section do not apply to:
(1) fishing, hunting, falconry, taking and trapping, as provided in Chapter 17 NMSA 1978;
(2) the practice of veterinary medicine, as provided in Chapter 61, Article 14 NMSA 1978;
(3) rodent or pest control, as provided in Chapter 77, Article 15 NMSA 1978;
(4) the treatment of livestock and other animals used on farms and ranches for the production of food, fiber or other agricultural products, when the treatment is in accordance with commonly accepted agricultural animal husbandry practices;
(5) the use of commonly accepted Mexican and American rodeo practices, unless otherwise prohibited by law;
(6) research facilities licensed pursuant to the provisions of 7 U.S.C. Section 2136, except when knowingly operating outside provisions, governing the treatment of animals, of a research or maintenance protocol approved by the institutional animal care and use committee of the facility; or
(7) other similar activities not otherwise prohibited by law.
J. If there is a dispute as to what constitutes commonly accepted agricultural animal husbandry practices or commonly accepted rodeo practices, the New Mexico livestock board shall hold a hearing to determine if the practice in question is a commonly accepted agricultural animal husbandry practice or commonly accepted rodeo practice.
L. 1999, Ch. 107, § 1, eff. July 1, 1999; L. 2001, Ch. 81, § 1; L. 2007, Ch. 6, § 1, eff. June 15, 2007.
§ 30-18-1.1. Seizure of animals; notice
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 court finds probable cause that the animal is being cruelly treated, the court shall issue a warrant for the seizure of the animal. The court shall also schedule a hearing on the matter as expeditiously as possible within thirty days unless good cause is demonstrated by the state for a later time.
C. Written notice regarding the time and location of the hearing shall be provided to the owner of the seized animal. The court may order publication of a notice of the hearing in a newspaper closest to the location of the seizure.
D. If the owner of the animal cannot be determined, a written notice regarding the circumstances of the seizure shall be conspicuously posted where the animal is seized at the time the seizure occurs.
E. At the option and expense of the owner, the seized animal may be examined by a veterinarian of the owner's choice.
F. If the animal is a type of livestock, seizure shall be pursuant to Chapter 77, Article 18 NMSA 1978.
L. 1999, Ch. 107, § 2, eff. July 1, 1999.
§ 30-18-1.2. Disposition of seized animals
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's owner is unable to provide for the animal adequately, the court shall hold a hearing to determine the disposition of the animal.
C. An agent of the New Mexico livestock board, an animal control agency operated by the state, a county or a municipality, or an animal shelter or other animal welfare organization designated by an animal control agency or an animal shelter, in the custody of which an animal that has been cruelly treated has been placed may petition the court to request that the animal's owner may be ordered to post security with the court to indemnify the costs incurred to care and provide for the seized animal pending the disposition of any criminal charges of committing cruelty to animals pending against the animal's owner.
D. The court shall determine the amount of security while taking into consideration all of the circumstances of the case including the owner's ability to pay, and may conduct periodic reviews of its order. If the posting of security is ordered, the New Mexico livestock board, animal control agency, animal shelter or animal welfare organization may, with permission of the court, draw from the security to indemnify the costs incurred to care and provide for the seized animal pending disposition of the criminal charges.
E. If the owner of the animal does not post security within fifteen days after the issuance of the order, or if, after reasonable and diligent attempts the owner cannot be located, the animal may be deemed abandoned and relinquished to the New Mexico livestock board, animal control agency, animal shelter or animal welfare organization for adoption or humane destruction; provided that if the animal is livestock other than poultry associated with cockfighting, the animal may be sold pursuant to the procedures set forth in Section 77-18-2 NMSA 1978.
F. Nothing in this section shall prohibit an owner from voluntarily relinquishing an animal to an animal control agency or shelter in lieu of posting security. A voluntary relinquishment shall not preclude further prosecution of any criminal charges alleging that the owner has committed felony cruelty to animals.
G. Upon conviction, the court shall place the animal with an animal shelter or animal welfare organization for placement or for humane destruction.
H. As used in this section, “livestock” means all domestic or domesticated animals that are used or raised on a farm or ranch and exotic animals in captivity and includes equines as defined in Section 77-2-1.1 NMSA 1978, cattle, sheep, goats, swine, bison, poultry, ostriches, emus, rheas, camelids and farmed cervidae but does not include canine or feline animals.
Credits
L. 1999, Ch. 107, § 3, eff. July 1, 1999; L. 2009, Ch. 43, § 1, eff. June 19, 2009; L. 2023, Ch. 45, § 2, eff. July 1, 2023.
HISTORICAL AND STATUTORY NOTES
L. 2009, Ch. 43, § 1, rewrote the section, which formerly read:
“A. If the court finds that the seized animal is not being cruelly treated and that the animal's owner is able to adequately provide for the animal, the court shall return the animal to its owner.
“B. If the court finds that the seized animal is being cruelly treated or that the animal's owner is unable to adequately provide for the animal, the court shall hold a hearing to determine the disposition of the animal.
“C. Upon conviction the court may place the animal for adoption with an animal shelter or animal welfare organization or provide for the humane destruction of 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. Unexpended security funds shall be returned to the defendant.
B. In the absence of a conviction, the seizing agency shall bear the costs of boarding the animal and all necessary veterinary examinations and care of the animal during the pendency of the proceedings, return the animal, if not previously relinquished, and all of the security posted pursuant to Section 30-18-1.2 NMSA 1978.
CREDIT(S)
L. 1999, Ch. 107, § 4, eff. July 1, 1999; L. 2009, Ch. 43, § 2, eff. June 19, 2009.
§ 77-18-2. Seizure and disposition of cruelly treated livestock
A. If a livestock inspector or other peace officer has reason to believe that livestock are being cruelly treated, the inspector or peace officer may apply to a court in the county where the livestock are located for a warrant to seize the allegedly cruelly treated livestock.
B. On a showing of probable cause to believe that the livestock are being cruelly treated, the court shall issue a warrant for the seizure of the livestock and set the matter for hearing as expeditiously as possible within thirty days unless good cause for a later time is demonstrated by the state. Seizure as authorized by this section shall be restricted to only those livestock allegedly being cruelly treated. The board by rule shall establish procedures for preserving evidence of alleged cruel treatment of livestock.
C. If criminal charges are filed against the owner, the court shall, upon proper petition, proceed to determine if security is required to be posted pursuant to Section 30-18-1.2 NMSA 1978. Otherwise, the judge or magistrate executing the warrant shall notify the board, have the livestock impounded and give written notice to the owner of the livestock of the time and place of a hearing to determine disposition of the livestock. All interested parties, including the district attorney, shall be given an opportunity to present evidence at the hearing.
D. For livestock that is not an equine:
(1) if the court finds that the owner has cruelly treated the livestock, the court shall order the sale of the livestock at fair market value or order humane destruction; provided that if the livestock are ordered sold, the sale shall occur within ten days of the order; and further provided that if the court does not find that the owner has cruelly treated the livestock, the court shall order the livestock returned to the owner;
(2) if the court orders the sale of the livestock, the board shall take proper action to ensure that the livestock are sold at fair market value, including acceptance of reasonable bids or sale at auction; provided that a bid by the owner of the livestock or the owner's representative shall not be accepted; and
(3) proceeds from the sale of the livestock shall be forwarded to the court ordering the sale; provided that from these proceeds, the court shall pay all expenses incurred in caring for the livestock while they were impounded and any expenses involved in their sale; and further provided that any excess proceeds of the sale shall be forwarded to the former owner; and further provided that if the expenses incurred in caring for and selling the livestock exceed the amount received from the sale, the court shall order the former owner to pay the additional cost.
E. For livestock that is an equine:
(1) if the court finds that the owner has cruelly treated the equine, the court shall give a registered equine rescue or retirement facility the right of first refusal to purchase the equine for an ownership transfer fee equal to all actual costs incurred by the impounding agency in caring for the equine while the equine was impounded; provided that:
(a) the board shall provide a bill of sale to the registered equine rescue or retirement facility that purchases the equine; and
(b) the bill of sale shall be legal evidence of the ownership of the equine by the registered equine rescue or retirement facility and shall be legal title to the equine;
(2) if the court finds that the owner has cruelly treated the equine and a registered equine rescue or retirement facility has been given the right of first refusal but the registered equine rescue or retirement facility is unable or unwilling to purchase the equine:
(a) the board shall auction the equine through a sealed-bid process administered by the board and established by rule;
(b) any proceeds from the sale less expenses incurred in caring for the equine while the equine was impounded shall be forwarded to the former owner;
(c) if the expenses incurred in caring for the equine exceed the proceeds from the sale, the court shall order the former owner to pay the additional costs; and
(d) if the equine is not purchased through the sealed-bid process, the board may pursue an alternative placement for care with a last resort option to humanely euthanize the equine by a licensed veterinarian; and
(3) if the court does not find that the owner cruelly treated the equine, the court shall order the equine returned to the owner.
Credits
L. 1987, Ch. 151, § 1; L. 1999, Ch. 282, § 102, eff. July 1, 1999; L. 2009, Ch. 43, § 3, eff. June 19, 2009; L. 2023, Ch. 45, § 11, eff. July 1, 2023.
§ 30-18-2.1. Repealed by L. 1999, Ch. 107, § 6, eff. July 1, 1999
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 of another; or
C. using any brand unless said brand shall have been duly recorded in the office of the cattle sanitary board of New Mexico [FN1] or the sheep sanitary board of New Mexico [FN1], whichever is applicable, and the person holds a certificate from the cattle sanitary board or the sheep sanitary board [FN1] certifying to the fact of such record.
Whoever commits unlawful branding is guilty of a fourth degree felony.
[FN1] Now New Mexico livestock board.
L. 1963, Ch. 303, § 18-3.
§ 30-18-4. Unlawful disposition of animal
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 owner to such person for the herding, care or safekeeping upon a contract for a valuable consideration;
C. taking any livestock for use or work, without the consent of the owner;
D. driving or leading any animal being the property of another from its usual range, without the consent of the owner;
E. contracting, selling or otherwise disposing of any animal, which a person has in his possession or under his control on shares or under contract, without the consent of the owner of such animal; or
F. knowingly buying, taking or receiving from any person having in his possession, or under his control, any animal on shares or under contract, without the consent of the owner of such animal.
Whoever commits unlawful disposition of animal is guilty of a misdemeanor.
L. 1963, Ch. 303, § 18-4.
§ 30-18-5. Illegal confinement of animals
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. intentionally separating offspring of livestock from the mother, unless branded. Provided that, when milk cows, which are actually used to furnish milk for household or dairy purposes, have calves, that are unbranded, such young animals may be separated from their mother and inclosed; or
D. confining, or in any manner interfering with the freedom of, or selling, or offering to sell, any freshly branded animal, unless such animal has been previously branded with an older and duly recorded brand for which the person has a legally executed bill of sale from the owner of such brand or unless such animals are with their mother, or unless such animals are the calves of milk cows when such cows are actually used to furnish milk for household purposes or for carrying on a dairy; but in every such case the person, firm or corporation, separating calves from their mother for either of these purposes shall, upon the demand of any sheriff, inspector or other officer, produce, in a reasonable time, the mother of each of such calves so that interested parties may ascertain if the cow does or does not claim and suckle such calf.
Whoever commits illegal confinement of animals is guilty of a misdemeanor.
L. 1963, Ch. 303, § 18-5; L. 1965, Ch. 3, § 1.
§ 30-18-6. Transporting stolen livestock
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.
L. 1963, Ch. 303, § 18-6.
§ 30-18-7. Misrepresentation of pedigree
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 been secured by means of false pretenses or false representations.
Whoever commits misrepresentation of pedigree is guilty of a misdemeanor.
L. 1963, Ch. 303, § 18-7.
§ 30-18-8. Killing unbranded cattle or cattle having another's brand
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 recorded brand; or shall kill, or cause to be killed for sale or use any neat cattle having a brand not legally owned by such person, firm or corporation, without having taken a duly acknowledged bill of sale for the same from the owner thereof, shall be deemed guilty of a petty misdemeanor.
[FN1] Caption added by Publisher.
L. 1965, Ch. 7, § 1.
§ 30-18-9. Dog fighting; penalty
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 adult knowingly:
(1) being present at a dog fight without attempting to interfere with or stop the contest; or
(2) owning or equipping one of the participating dogs or cocks with knowledge of the contest.
B. It is unlawful to train, equip or sponsor a dog or cock for the purpose of having it participate in a fight with another dog or cock, respectively, for monetary gain or entertainment.
C. Any person violating the provisions of Subsection A or B of this section, as it pertains to dogs, is guilty of a fourth degree felony.
D. Any person violating the provisions of Subsection A or B of this section as it pertains to cocks:
(1) upon a first conviction, is guilty of a petty misdemeanor;
(2) upon a second conviction, is guilty of a misdemeanor; and
(3) upon a third or subsequent conviction, is guilty of a fourth degree felony.
L. 1981, Ch. 30, § 1; L. 2007, Ch. 6, § 2, eff. June 15, 2007.
Nothing in this act 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.
L. 1981, Ch. 30, § 2.
§ 30-18-11. Unlawful tripping of an equine; exception
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 equine down for medical or identification purposes.
C. As used in this section, "equine" means a horse, pony, mule, donkey or hinny.
D. Whoever commits unlawful tripping of an equine is guilty of a misdemeanor.
E. Whoever commits unlawful tripping of an equine that causes the maiming, crippling or death of the equine is guilty of a fourth degree felony.
L. 1995, Ch. 113, § 1, eff. July 1, 1995.
§ 30-18-12. Injury to livestock
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 livestock is guilty of a fourth degree felony.
L. 1998, Ch. 35, § 1, eff. July 1, 1998.
§ 30-18-13. Injury to a police dog, police horse or fire dog; 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 of fires;
(2) "police dog" means a dog used by a law enforcement or corrections agency that is specially trained for law enforcement or corrections work in the areas of tracking, suspect apprehension, crowd control or drug or explosives detection; and
(3) "police horse" means a horse that is used by a law enforcement or corrections agency for law enforcement or corrections work.
B. Injury to a police dog, police horse or fire dog consists of willfully and with intent to injure or prevent the lawful performance of its official duties:
(1) striking, beating, kicking, cutting, stabbing, shooting or administering poison or any other harmful substance to a police dog, police horse or fire dog; or
(2) throwing or placing an object or substance in a manner that is likely to produce injury to a police dog, police horse or fire dog.
C. Whoever commits injury to a police dog, police horse or fire dog when the injury causes the animal minor physical injury or pain is guilty of a petty misdemeanor and shall be sentenced pursuant to the provisions of Section 31- 19-1 NMSA 1978.
D. Whoever commits injury to a police dog, police horse or fire dog when the injury causes the animal serious physical injury or death or directly causes the destruction of the animal is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
E. A person convicted of injury to a police dog, police horse or fire dog may be ordered to make restitution for the animal's veterinary bills or replacement costs of the animal if it is permanently disabled, killed or destroyed.
F. Harassment of a police dog, police horse or fire dog consists of a person willfully and maliciously interfering with or obstructing a police dog, police horse or fire dog by frightening, agitating, harassing or hindering the animal.
G. Whoever commits harassment of a police dog, police horse or fire dog is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.
H. Whoever commits harassment of a police dog, police horse or fire dog that results in bodily injury to a person not an accomplice to the criminal offense is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.
I. It is an affirmative defense to a prosecution brought pursuant to the provisions of this section that a police dog, police horse or fire dog was not handled in accordance with well-recognized national handling procedures or was handled in a manner contrary to its own department's handling policies and procedures.
L. 1999, Ch. 107, § 5, eff. July 1, 1999.
§ 30-18-14. Livestock crimes; livestock inspectors to enforce
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.
L. 2001, Ch. 8, § 1; L. 2001, Ch. 341, § 1.
§ 30-18-15. Intracardiac injection prohibited on conscious animal
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 violates the provisions of Subsection A of this section is guilty of a misdemeanor and shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978.
L. 2004, Ch. 35, § 1.
§ 30-18-16. Coyote-killing contests prohibited; definition; penalties
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.
C. Organizing, causing, sponsoring, arranging or holding a coyote-killing contest consists of a person knowingly:
(1) planning, organizing or enticing a person to participate in a coyote-killing contest; or
(2) providing the venue for a coyote-killing contest.
D. Participation in a coyote-killing contest consists of a person knowingly taking part in a coyote-killing contest.
E. A person who organizes, causes, sponsors, arranges or holds a coyote-killing contest is guilty of a misdemeanor.
F. A person who participates in a coyote-killing contest is guilty of a petty misdemeanor.
G. Nothing in this section shall be construed to prohibit a person from protecting a person or property or the state game commission from carrying out the statutory authority allowed by Chapter 17 NMSA 1978 in a non-coyote-killing contest setting.
Credits
Added by L. 2019, Ch. 151, § 1, eff. July 1, 2019.
Chapter 77. Animals and Livestock. Article 18. General Animal Regulations
§ 77-18-2. Seizure and disposition of cruelly treated livestock
A. If a livestock inspector or other peace officer has reason to believe that livestock is being cruelly treated, the inspector or peace officer may apply to a court in the county where the livestock is located for a warrant to seize the allegedly cruelly treated livestock.
B. On a showing of probable cause to believe that the livestock is being cruelly treated, the court shall issue a warrant for the seizure of the livestock and set the matter for hearing as expeditiously as possible within thirty days unless good cause for a later time is demonstrated by the state. Seizure as authorized by this section shall be restricted to only those livestock allegedly being cruelly treated. The board by rule shall establish procedures for preserving evidence of alleged cruel treatment of livestock.
C. If criminal charges are filed against the owner, the court shall, upon proper petition, proceed to determine if security is required to be posted pursuant to Section 30-18-1.2 NMSA 1978. Otherwise, the judge or magistrate executing the warrant shall notify the board, have the livestock impounded and give written notice to the owner of the livestock of the time and place of a hearing to determine disposition of the livestock.
D. All interested parties, including the district attorney, shall be given an opportunity to present evidence at the hearing, and if the court finds that the owner has cruelly treated the livestock, the court shall order the sale of the livestock at fair market value or order humane destruction. If the livestock is ordered sold, the sale shall occur within ten days of the order. If the court does not find that the owner has cruelly treated the livestock, the court shall order the livestock returned to the owner.
E. If the court orders the sale of the livestock, the board shall take proper action to ensure the livestock is sold at fair market value, including acceptance of reasonable bids or sale at auction. A bid by the owner of the livestock or the owner's representative shall not be accepted.
F. Proceeds from the sale of the livestock shall be forwarded to the court ordering the sale. From these proceeds, the court shall pay all expenses incurred in caring for the livestock while it was impounded and any expenses involved in its sale. Any excess proceeds of the sale shall be forwarded to the former owner. If the expenses incurred in caring for and selling the livestock exceed the amount received from the sale, the court shall order the former owner to pay the additional cost.
Credits
L. 1987, Ch. 151, § 1; L. 1999, Ch. 282, § 102, eff. July 1, 1999; L. 2009, Ch. 43, § 3, eff. June 19, 2009.
§ 77-18-3. Prohibited means of disposal or destruction
No animal shall be destroyed by means of a high altitude decompression chamber or decompression device.
Credits
L. 1989, Ch. 175, § 1.
Any person who violates Section 11 of this act is guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for a definite term of less than one year or both.
Credits
L. 1989, Ch. 175, § 2.
Footnotes
1 § 77-18-3.