2018 New Mexico Statutes
Chapter 17 - Game and Fish and Outdoor Recreation
Article 3 - Licenses and Permits
Section 17-3-33 - Presumption from possession of game or fish without license; showing license to officer.
The possession of game or fish at any time unaccompanied by a proper and valid license, game tag, certificate or permit or invoice, as provided in Chapter 17 NMSA 1978, shall be prima facie evidence that such game or fish was unlawfully taken and is unlawfully held in possession, and it shall be the duty of every person having possession or control of game or fish to produce the proper license, game tag, certificate, permit or invoice when one is required by Chapter 17 NMSA 1978 on demand of any officer, and to permit the same to be copied by such officer. Violation of any provision of this section is a misdemeanor and is punishable as provided by Section 17-2-10 NMSA 1978.
History: Laws 1912, ch. 85, § 14; Code 1915, § 2437; C.S. 1929, § 57-222; 1941 Comp., § 43-321; 1953 Comp., § 53-3-27; 1979, ch. 340, § 10.
Cross references. — For invoice upon sale from licensed lake or park, see 17-4-16 to 17-4-20 NMSA 1978.
Documentation required. — Since a tag is not the only form of documentation recognized by game and fish laws, and since a tag, even when required, need not be directly affixed to game animal parts stored or displayed within a home, a reasonable officer with a working knowledge of game and fish laws would not have assumed that the game animal parts visible within defendant's home were "unaccompanied" by proper documentation merely because they were untagged. State v. Moran, 2008-NMCA-160, 145 N.M. 297, 197 P.3d 1079.
