2018 New Mexico Statutes
Chapter 66 - Motor Vehicles
Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards
Section 66-5-38 - Making false affidavit perjury.

Except as otherwise provided in the Motor Vehicle Code, a person who makes a false affidavit or knowingly swears or affirms falsely to a matter or thing required by the terms of the Motor Vehicle Code to be sworn to or affirmed is guilty of perjury as provided in Section 30-25-1 NMSA 1978.

History: 1953 Comp., § 64-5-38, enacted by Laws 1978, ch. 35, § 260; 2018, ch. 74, § 39.

Cross references. — For perjury being a fourth-degree felony, see 30-25-1 NMSA 1978.

The 2018 amendment, effective July 1, 2018, provided that making a false affidavit or knowingly swearing or affirming falsely to a matter required by the Motor Vehicle Code is a fourth degree felony, unless otherwise provided in the Motor Vehicle Code; deleted "Any" and added "Except as otherwise provided in the Motor Vehicle Code, a", and after "guilty of perjury", deleted "and upon conviction shall be punishable by fine or imprisonment as other persons committing perjury are punishable" and added "as provided in Section 30-25-1 NMSA 1978".

Application to law enforcement officers. — There is no intent by the legislature to exclude law enforcement officers from the term "persons" as that term is used in the statute. State Transp. Dep't v. Yazzie, 1991-NMCA-098, 112 N.M. 615, 817 P.2d 1257, cert. denied, 112 N.M. 499, 816 P.2d 1121.

Statement signed under penalty of perjury. — An officer was subject to the penalties under this section when he signed a statement seeking to revoke driving privileges. Consequently, the statement was signed under the penalty of perjury and thus met the requirement of 66-8-111 NMSA 1978. State Transp. Dep't v. Yazzie, 1991-NMCA-098, 112 N.M. 615, 817 P.2d 1257, cert. denied, 112 N.M. 499, 816 P.2d 1121.