2021 New Mexico Statutes
Chapter 17 - Game and Fish and Outdoor Recreation
Article 10 - Wildlife Trafficking
Section 17-10-5 - Criminal and civil penalties.
A. A person who violates Section 3 [17-10-3 NMSA 1978] of the Wildlife Trafficking Act is guilty of a misdemeanor and upon conviction shall be punished pursuant to the provisions of Section 31-19-1 NMSA 1978.
B. Each covered animal species or covered animal part or product sold or purchased in violation of Section 3 of the Wildlife Trafficking Act is a separate offense. Two or more offenses may be charged in the same complaint, information or indictment and punished as separate offenses for each covered animal species or covered animal part or product involved.
C. With or without a criminal conviction, a person who violates Section 3 of the Wildlife Trafficking Act and anyone who benefited or would have benefited from the violation may be sued in district court and is subject to a penalty not to exceed ten thousand dollars ($10,000) or three times the total value of the covered animal species or covered animal part or product, whichever is greater.
D. Upon conviction in a criminal court or a finding in a civil court for a violation of Section 3 of the Wildlife Trafficking Act, the court shall order that the covered animal species or covered animal part or product be:
(1) given to the United States fish and wildlife service, if requested by that agency;
(2) destroyed; or
(3) donated to an educational or scientific institution.
History: Laws 2020, ch. 77, § 5.
ANNOTATIONSEffective dates. — Laws 2020, ch. 77, § 7 made Laws 2020, ch. 77, § 5 effective July 1, 2020.
