2018 New Mexico Statutes
Chapter 30 - Criminal Offenses
Article 22 - Interference with Law Enforcement
Section 30-22-16 - Possession of deadly weapon or explosive by prisoner.

Universal Citation: NM Stat § 30-22-16 (2018)
30-22-16. Possession of deadly weapon or explosive by prisoner.

Possession of deadly weapon or explosive by prisoner in lawful custody consists of any inmate of a penal institution, reformatory, jail or prison farm or ranch possessing any deadly weapon or explosive substance.

Whoever commits possession of deadly weapon or explosive by prisoner is guilty of a second degree felony.

History: 1953 Comp., § 40A-22-15, enacted by Laws 1963, ch. 303, § 22-15; 1986, ch. 4, § 1.

ANNOTATIONS

Cross references. — For definition of deadly weapon, see 30-1-12 NMSA 1978.

For sentencing for second degree felonies, see 31-18-15 NMSA 1978.

The 1986 amendment substituted "second degree felony" for "third degree felony" in the second paragraph.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Sufficiency of evidence of possession in prosecution under state statute prohibiting persons under indictment for, or convicted of, crime from acquiring, having, carrying, or using firearms or weapons, 43 A.L.R.4th 788.

Fact that gun was unloaded as affecting criminal responsibility, 68 A.L.R.4th 507.

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