Such charges can also affect the entire family emotionally. 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. 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. Continue Reading. The following statutes comprise the state's relevant assistance animal and guide dog laws. Reach out to us and let us know how we can help you. 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. Crimes. July 1, 1999. If the court does not find that the owner has cruelly treated the livestock, the court shall order the livestock returned to the owner. Chapter 30. Dog fighting and cockfighting; penalty, § 30-18-11 . We would love to hear from you. Any excess proceeds of the sale shall be forwarded to the former owner. How to Report Cruelty to Animals 1-877-5-HUMANE (1-877-548-6263) 9 AM – 4 PM Monday through Friday Most calls returned within 24 hours. B. Cruelty to animals consists of a person: A. Click on each button to view the laws for that City or County. Child Abuse Laws in New Mexico: These are Child Abuse laws for the State of New Mexico. State child abuse laws can vary in terms of their punishments and the reporting requirements they place on third parties. Animals and Livestock. 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. Although every effort has been made to provide the most current information available, this material changes continually as governmental entities go about the business of amending existing laws and creating new ones. Find out about animal laws worldwide in the GAL Legislation Database. General Animal Regulations, NMSA 1978, § 30-18-1 to 30-18-16; NMSA 1978, § 77-18-2 to 4, NM ST § 30-18-1 to 30-18-16; NM ST § 77-18-2 to 4. Repealed by L. 1999, Ch. § 30-18-15. A person can be convicted of this offense if they posess any child under 16 inside of any vehicle, building, room, or secluded place with the intention of committing a sexual offense. July 1, 1999; L. 2009, Ch. D. Whoever commits unlawful tripping of an equine is guilty of a misdemeanor. 1151]] Public Law 116-72 116th Congress An Act To revise section 48 of title 18, United States Code, and for other purposes. Unexpended security funds shall be returned to the defendant. 81, § 1; L. 2007, Ch. General Animal Regulations. Coyote-killing contests prohibited; definition; penalties, § 77-18-2. Children, being voiceless themselves, it becomes the responsibility of the adult population to safeguard their rights. A. Misrepresentation of pedigree, § 30-18-8 . 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. Illegal confinement of animals, § 30-18-6 . State Gun Laws. Chapter 77. 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. (2) protecting a person or animal from death or injury due to an attack by another animal. How to Pass a State Law. B. 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. Your support drives our ability to accomplish great things! L. 1995, Ch. §30-3-11) The following crimes are domestic violence offenses, listed roughly in order of severity. New Mexico Animal Resources Guide; Close; Get Involved; Donate; You are here: Home / What We Do / Challenging Animal Cruelty / Animal Cruelty Hotline. Don’t Chain.® Humane Communities; Shelter Savvy; Disaster Preparedness; New Mexico Animal Resources Guide; Protecting Horses, Donkeys and Mules. Whoever commits transporting stolen livestock is guilty of a fourth degree felony. Injury to a police dog, police horse or fire dog; harassment of a police dog, police horse or fire dog, § 30-18-14 . 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. The court may order publication of a notice of the hearing in a newspaper closest to the location of the seizure. § 30-18-5. B. New Mexico prosecutes sexual predators who unsuccessfully attempt to sexually abuse children under a law called enticement of a child. 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. 6, § 2, eff. J. Copyright © 2020 Animal Protection of New Mexico. 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. 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. As used in this section, "animal" does not include insects or reptiles. Prohibited means of disposal or destruction, § 30-18-1. New Mexico State Animal Cruelty Statute – Chapter 30, Criminal Offenses, Article 18, Animals. Child Abuse Statutes. Cruelty to animals; extreme cruelty to animals; penalties; exceptions, § 30-18-1.1 . 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. 107, § 5, eff. L. 2009, Ch. I. “B. July 1, 1999; L. 2001, Ch. 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. 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. A new law to help protect animals from cruelty and abuse is being introduced by the government. 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. 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. 151, § 1, eff. B. New Mexico is in the dog house when it comes to animal abuse. 43, § 1, rewrote the section, which formerly read: “A. (3) "police horse" means a horse that is used by a law enforcement or corrections agency for law enforcement or corrections work. 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. CreditsAdded by L. 2019, Ch. It’s illegal in New York to abuse, neglect, abandon, or endanger animals in a variety of ways—including leaving dogs outside in bad weather without adequate shelter. Animal Protection of New Mexico is looking for energetic, enthusiastic individuals to join our lifesaving work for animals on a volunteer basis. Criminal Offenses. This chapter contains New Mexico’s general animal protection and related statutes with an effective date on or before September 1, 2018. (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. F. If the animal is a type of livestock, seizure shall be pursuant to Chapter 77, Article 18 NMSA 1978. July 1, 1999. E. Extreme cruelty to animals consists of a person: (1) intentionally or maliciously torturing, mutilating, injuring or poisoning an animal; or. Most animal protection laws are enacted and enforced at the state level. (2) abandoning or failing to provide necessary sustenance to an animal under that person's custody or control. July 1, 1999; L. 2009, Ch. If you are a victim of domestic violence, it may be illegal for your abuser to … B. C. Written notice regarding the time and location of the hearing shall be provided to the owner of the seized animal. Killing unbranded cattle; killing, without bill of sale cattle bearing brand of another person; penalty, § 30-18-9 . It begins with a detailed overview of the provisions contained in these laws, followed by the full text of the statutes themselves. Article 18. 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. L. 1981, Ch. A. Cruelty to animals; extreme cruelty to animals; penalties; exceptions. Injury to a police dog, police horse or fire dog; harassment of a police dog, police horse or fire dog. 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.”. This legislation as generally understood as providing the minimum-level standards for treatment of animals, as must be taken under consideration … (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. 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 of animals; notice, § 30-18-1.2 . A. 2018 NM Shelter Survey; Spay/Neuter Resources; Companion Animal Rescue Effort (CARE) APNM’s Straw Fund; Train. Seizure and disposition of cruelly treated livestock, § 77-18-3. 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. 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. No animal shall be destroyed by means of a high altitude decompression chamber or decompression device. July 1, 1999; L. 2009, Ch. 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. As used in this section, “coyote-killing contest” means an organized or sponsored competition with the objective of killing coyotes for prizes or entertainment. 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. C. Whoever commits injury to livestock is guilty of a fourth degree felony. Animal neglect in Missouri can also fall under the abuse category. 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. Unlawful disposition of animal, § 30-18-5 . I. (3) upon a third or subsequent conviction, is guilty of a fourth degree felony. New Mexico is in the dog house when it comes to how we treat animal abuse. L. 1999, Ch. 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. § 30-18-4. 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. B. You may unsubscribe at any time. 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. PRIVACY: Animal Protection of New Mexico will never sell or share your email address with any outside party. elder abuse in New Mexico, present results from our analysis of data about elder abuse in New Mexico, and suggest avenues for action. § 30-18-1 . July 1, 1999, § 30-18-4 . Information about crimes the abuser may have committed in New Mexico and victim assistance programs. Disposition of seized animals, §§ 30-18-2, 30-18-2.1 . § 30-18-13. Animal abuse is principally legislated against in the legal jurisdiction of the U.S. by the Animal Welfare Act, which was first passed through Congress in 1966 and was later made subject to amendments in 1970, 1976, 1985, 1990, 2002, and 2007. Cruelty to animals occurs when a person mistreats, injures, kills without lawful justification or torments an animal or abandons or fails to provide necessary sustenance to an animal under that person's custody or control. As used in this section, "animal" does not include insects or reptiles. 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. 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. The board by rule shall establish procedures for preserving evidence of alleged cruel treatment of livestock. 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. Strapped with a surveillance camera, the animal rights activist went undercover this fall to document activities at a New Mexico dairy that supplied cheese products to several major U.S. pizza chains. 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. NM - Cruelty - Consolidated Cruelty Statutes: NMSA 1978, § 30-18-1 to 30-18-16; NMSA 1978, § 77-18-2 to 4 : This section comprises the New Mexico anti-animal cruelty provisions. 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. As used in this section, "animal" does not include insects or reptiles. In New Mexico there are a limited number of animal control officers, sheriff’s deputies and others charged with enforcing animal cruelty laws. Please reach out to us. Since 1979, APNM has been advocating for animals by effecting systemic change, working towards the humane treatment of all animals. 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. We love to hear new ideas about how we can help New Mexico’s animals and be better advocates for them. 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. July 1, 1995. F. Proceeds from the sale of the livestock shall be forwarded to the court ordering the sale. 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. A. B. Universal Citation: NM Stat § 30-18-1 (1996 through 1st Sess 50th Legis) 30-18-1. Calls made outside these hours will be returned within 48 hours. Whoever commits unlawful disposition of animal is guilty of a misdemeanor. Five states—Hawaii, Kentucky, New Mexico, West Virginia, and Wyoming—still do not have any laws prohibiting the sexual assault of animals. Intracardiac injection prohibited on conscious animal, § 30-18-16. … A. D. Participation in a coyote-killing contest consists of a person knowingly taking part in a coyote-killing contest. Unfortunately, there aren’t any laws that protect farmed animals from abuse. 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. Analysis: NM Supreme Court Ruling’s Impact on Animal Cruelty Law | State V. Cleve 107, § 6, eff. 107, § 1, eff. A. L. 1999, Ch. The provisions of Subsection A of this section do not apply to laying an equine down for medical or identification purposes. Animals; Chapter 77. Animal Protection of New Mexico has a convenient guide to animal ordinances for communities statewide on its website. L. 1987, Ch. 341, § 1. L. 1999, Ch. A. Charges related to domestic abuse are especially tough to handle because they include family members, as well as people with whom the victim is closely related. Join the APNM mailing list and be the first to know about the threats and triumphs affecting all of the animals around our state, and what you can do to show them your support. It is unlawful for a person to organize, cause, sponsor, arrange, hold or participate in a coyote-killing contest. Understanding the Differences Between Statutes, Regulations, Ordinances and Common Law. New Mexico Domestic Abuse Laws and How to Get Help for Domestic Abuse. Within the animal protection movement, the term "animal abuse" is used to describe any use or treatment of animals that seems unnecessarily cruel, regardless of whether the act is against the law. L. 1999, Ch. A. A new study found that New Mexico’s animal cruelty laws are among the weakest in the country. B. Under New Mexico criminal law, certain violent offenses constitute domestic abuse crimes when committed against a household member. June 19, 2009. Seizure as authorized by this section shall be restricted to only those livestock allegedly being cruelly treated. How to Pass Animal Cruelty Laws. Livestock crimes; livestock inspectors to enforce. West's New Mexico Statutes Annotated. A summary of the most important state laws that pet owners and animal lovers should know about. 107, § 2, eff. E. At the option and expense of the owner, the seized animal may be examined by a veterinarian of the owner's choice. 113, § 1, eff. Livestock crimes; livestock inspectors to enforce, § 30-18-15 . 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. 282, § 102, eff. The animal welfare laws that protect dogs and cats don’t include animals in farms and slaughterhouses. B. A. 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. Equine Protection Fund: Emergency Feed … Introduction. “C. 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. Although there is a federal law in Mexico that addresses animal protection, there are no regulations to enforce it. New Mexico Animal Resources Guide; Close; Get Involved; Donate; 40 Years of Powerful, Positive Change in New Mexico Decades of Fighting for the Animals All Over the State and Beyond. 107, § 4, eff. 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. <