2020 New Mexico Statutes
Chapter 30 - Criminal Offenses
Article 3 - Assault and Battery
Section 30-3-6 - Reasonable detention; assault, battery, public affray or criminal damage to property.

A. As used in this section:

(1) "licensed premises" means all public and private rooms, facilities and areas in which alcoholic beverages are sold or served in the customary operating procedures of establishments licensed to sell or serve alcoholic liquors;

(2) "proprietor" means the owner of the licensed premises or his manager or his designated representative; and

(3) "operator" means the owner or the manager of any establishment or premises open to the public.

B. Any law enforcement officer may arrest without warrant any persons he has probable cause for believing have committed the crime of assault or battery as defined in Sections 30-3-1 through 30-3-5 NMSA 1978 or public affray or criminal damage to property. Any proprietor or operator who causes such an arrest shall not be criminally or civilly liable if he has actual knowledge, communicated truthfully and in good faith to the law enforcement officer, that the persons so arrested have committed the crime of assault or battery as defined in Sections 30-3-1 through 30-3-5 NMSA 1978 or public affray or criminal damage to property.

History: Laws 1981, ch. 255, § 1; 1983, ch. 268, § 1.

The 1983 amendment deleted "on licensed premises" following "detention" in the catchline, added "or criminal damage to property" at the end of the catchline, inserted Paragraph (3) of Subsection A, substituted "Sections" for "Section" in the first sentence of Subsection B, added "or criminal damage to property" at the end of the first and second sentences of Subsection B and inserted "or operator" and "communicated truthfully and in good faith to the law enforcement officer" in the second sentence of Subsection B.