2021 New Mexico Statutes
Chapter 30 - Criminal Offenses
Article 11 - Crimes Against Reputation
Section 30-11-1 - Libel.

Libel consists of making, writing, publishing, selling or circulating without good motives and justifiable ends, any false and malicious statement affecting the reputation, business or occupation of another, or which exposes another to hatred, contempt, ridicule, degradation or disgrace.

Whoever commits libel is guilty of a misdemeanor.

The word "malicious," as used in this article, signifies an act done with evil or mischievous design and it is not necessary to prove any special facts showing ill-feeling on the part of the person who is concerned in making, printing, publishing or circulating a libelous statement against the person injured thereby.

A. A person is the maker of a libel who originally contrived and either executed it himself by writing, printing, engraving or painting, or dictated, caused or procured it to be done by others.

B. A person is the publisher of a libel who either of his own will or by the persuasion or dictation, or at the solicitation or employment for hire of another, executes the same in any of the modes pointed out as constituting a libel; but if anyone by force or threats is compelled to execute such libel he is guilty of no crime.

C. A person is guilty of circulating a libel who, knowing its contents, either sells, distributes or gives, or who, with malicious design, reads or exhibits it to others.

D. The written, printed or published statement to come within the definition of libel must falsely convey the idea either:

(1) that the person to whom it refers has been guilty of some penal offenses;

(2) that he has been guilty of some act or omission which, though not a penal offense, is disgraceful to him as a member of society, and the natural consequence of which is to bring him into contempt among honorable persons;

(3) that he has some moral vice or physical defect or disease which renders him unfit for intercourse with respectable society, and as such should cause him to be generally avoided;

(4) that he is notoriously of bad or infamous character; or

(5) that any person in office or a candidate therefor is dishonest and therefore unworthy of such office, or that while in office he has been guilty of some malfeasance rendering him unworthy of the place.

E. It shall be sufficient to constitute the crime of libel if the natural consequence of the publication of the same is to injure the person defamed although no actual injury to his reputation need be proven.

F. No statement made in the course of a legislative or judicial proceeding, whether true or false, although made with intent to injure and for malicious purposes, comes within the definition of libel.

History: 1953 Comp., § 40A-11-1, enacted by Laws 1963, ch. 303, § 11-1.

Cross references. — For constitutional provision guaranteeing freedom of speech and of the press, and making truth a defense in criminal prosecutions for libel, see N.M. Const., art. II, § 17.

For provision allowing a special motion to dismiss an unwarranted or specious lawsuit against a person for conduct or speech in a public setting, see 38-2-9.1 and 38-2-9.2 NMSA 1978.

For the Uniform Single Publication Act, see 41-7-1 NMSA 1978 et seq.

For defamation by radio and television, see 41-7-6 NMSA 1978.

Definition of libel. — The statutory definition of libel governed where there was a statute on the subject, and it was immaterial whether the words alleged to be libelous were libelous per se. State v. Elder, 1914-NMSC-074, 19 N.M. 393, 143 P. 482.

Statement involving matter of public concern. — This statute is unconstitutional insofar as it applies to a public statement involving a matter of public concern. Such statements can be subject to criminal penalty only if made with actual malice. State v. Powell, 1992-NMCA-086, 114 N.M. 395, 839 P.2d 139.

Charges libelous. — Charging a person in a newspaper with being "an unprincipled son," a "moral coward," "an imbecile" and "one who has about as much regard for the truth as an infidel has for the Bible," was libelous. State v. Elder, 1914-NMSC-074, 19 N.M. 393, 143 P. 482 (decided under prior law).

Article not privileged. — Where an alleged libelous article did not refer to the several branches of government, but to a particular assessor, it was not privileged under Laws 1889, ch. 11, § 17 (former 40-27-13, 1953 Comp.) making publications as to the government or its branches privileged. State v. Ogden, 1915-NMSC-074, 20 N.M. 636, 151 P. 758 (decided under prior law).

Indictment sufficient. — An indictment which charged that the alleged defamatory matter was false was sufficient on demurrer, negative averments not being necessary. The indictment need not allege that if true the matters were not published with good motives or justifiable ends. State v. Elder, 1914-NMSC-074, 19 N.M. 393, 143 P. 482.

Law reviews. — For article, "The Proposed New Mexico Criminal Code," see 1 Nat. Resources J. 122 (1961).

For note, "The Defenses of Fair Comment and Qualified Privilege," see 11 N.M.L. Rev. 243 (1981).

For note, "Libel Law - New Mexico Adopts an Ordinary Negligence Standard for Defamation of a Private Figure: Marchiondo v. Brown," see 13 N.M.L. Rev. 715 (1983).

For note, "Criminal Libel Statute Held Unconstitutional as Applied to Public Statements Involving Public Concerns: State v. Powell," see 24 N.M.L. Rev. 495 (1994).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 50 Am. Jur. 2d Libel and Slander § 520 et seq.

Character of libel or slander for which criminal prosecution will lie, 19 A.L.R. 1470.

Words as criminal offense other than libel or slander, 48 A.L.R. 83.

Liability of partners or partnership for libel, 88 A.L.R.2d 474.

Liability of telegraph or telephone company for transmitting or permitting transmission of libelous or slanderous messages, 91 A.L.R.3d 1015.

Actionability of false newspaper report that plaintiff has been arrested, 93 A.L.R.3d 625.

Libel by newspaper headlines, 95 A.L.R.3d 660.

Liability of commercial printer for defamatory statement contained in matter printed for another, 16 A.L.R.4th 1372.

Libel and slander: attorneys' statements, to parties other than alleged defamed party or its agents, in course of extrajudicial investigation or preparation relating to pending or anticipated civil litigation as privileged, 23 A.L.R.4th 932.

Defamation: loss of employer's qualified privilege to publish employee's work record or qualification, 24 A.L.R.4th 144.

Criticism or disparagement of attorney's character, competence, or conduct as defamation, 46 A.L.R.4th 326.

Libel or slander: defamation by gestures or acts, 46 A.L.R.4th 403.

Validity of criminal defamation statutes, 68 A.L.R.4th 1014.

In personam jurisdiction, in libel and slander action, over nonresident who mailed allegedly defamatory letter from outside state, 83 A.L.R.4th 1006.

Who is "public figure" for purposes of defamation action, 19 A.L.R.5th 1.

Libel and slander: charging one with breach or nonperformance of contract, 45 A.L.R.5th 739.

Defamation: publication of letter to editor in newspaper as actionable, 54 A.L.R.5th 443.

53 C.J.S. Libel and Slander; Injurious Falsehood §§ 7 to 9.