July 1, 1999; L. 2009, Ch. This is a basic overview of child abuse laws in New Mexico. Animals and Livestock. E. At the option and expense of the owner, the seized animal may be examined by a veterinarian of the owner's choice. Article 18. C. Whoever commits injury to livestock is guilty of a fourth degree felony. Five states—Hawaii, Kentucky, New Mexico, West Virginia, and Wyoming—still do not have any laws prohibiting the sexual assault of animals. Livestock crimes; livestock inspectors to enforce, § 30-18-15 . June 19, 2009. In the absence of a conviction, the seizing agency shall bear the costs of boarding the animal and all necessary veterinary examinations and care of the animal during the pendency of the proceedings, return the animal, if not previously relinquished, and all of the security posted pursuant to Section 30-18-1.2 NMSA 1978. elder abuse in New Mexico, present results from our analysis of data about elder abuse in New Mexico, and suggest avenues for action. New Mexico Animal Resources Guide; Close; Get Involved; Donate; You are here: Home / What We Do / Challenging Animal Cruelty / Animal Cruelty Hotline. (2) throwing or placing an object or substance in a manner that is likely to produce injury to a police dog, police horse or fire dog. Injury to a police dog, police horse or fire dog; harassment of a police dog, police horse or fire dog, § 30-18-14 . D. Whoever commits unlawful tripping of an equine is guilty of a misdemeanor. Child abuse has become a grave issue in the country of late, as well as across the world. Upon conviction, a defendant shall be liable for the reasonable cost of boarding the animal and all necessary veterinary examinations and care provided to the animal. A. branding, marking or causing to be branded or marked any animal, which is the property of another, with any brand not the brand of the owner of the animal; B. defacing or obliterating any brand or mark upon any animal which is the property of another; or. 43, § 1, eff. Whoever commits unlawful disposition of animal is guilty of a misdemeanor. New Mexico is in the dog house when it comes to animal abuse. Continue Reading. All Rights Reserved. It begins with a detailed overview of the provisions contained in these laws, followed by the full text of the statutes themselves. E. If the court orders the sale of the livestock, the board shall take proper action to ensure the livestock is sold at fair market value, including acceptance of reasonable bids or sale at auction. 151, § 1, eff. § 30-18-14. Among other weaknesses, the group says New Mexico has inadequate felony provisions for neglect, no felony provisions for abandonment, no provisions on sexual assault, no increased penalties when animal abuse is committed in front of children and no provisions for veterinarians to report suspected animal abuse. D. All interested parties, including the district attorney, shall be given an opportunity to present evidence at the hearing, and if the court finds that the owner has cruelly treated the livestock, the court shall order the sale of the livestock at fair market value or order humane destruction. This is what animals raised for human consumption face in Mexico every day. State child abuse laws can vary in terms of their punishments and the reporting requirements they place on third parties. C. Whoever commits injury to a police dog, police horse or fire dog when the injury causes the animal minor physical injury or pain is guilty of a petty misdemeanor and shall be sentenced pursuant to the provisions of Section 31- 19-1 NMSA 1978. If the court finds probable cause that the animal is being cruelly treated, the court shall issue a warrant for the seizure of the animal. Cruelty to animals; extreme cruelty to animals; penalties; exceptions. This site is not a law firm and cannot offer legal advice. Unlawful disposition of animal consists of: A. skinning or removing without the permission of the owner any part of the hide of any neat cattle found dead; B. abandoning any livestock without giving reasonable notice to the owner, where the livestock has been entrusted by the owner to such person for the herding, care or safekeeping upon a contract for a valuable consideration; C. taking any livestock for use or work, without the consent of the owner; D. driving or leading any animal being the property of another from its usual range, without the consent of the owner; E. contracting, selling or otherwise disposing of any animal, which a person has in his possession or under his control on shares or under contract, without the consent of the owner of such animal; or. A. Don’t Chain.® Humane Communities; Shelter Savvy; Disaster Preparedness; New Mexico Animal Resources Guide; Protecting Horses, Donkeys and Mules. C. As used in Subsection B of this section, "lawful justification" means: (1) humanely destroying a sick or injured animal; or. [116th Congress Public Law 72] [From the U.S. Government Publishing Office] [[Page 133 STAT. State And Local Animal Protection Laws. General Animal Regulations, NMSA 1978, § 30-18-1 to 30-18-16; NMSA 1978, § 77-18-2 to 4, NM ST § 30-18-1 to 30-18-16; NM ST § 77-18-2 to 4. In New Mexico alone, at least nine state agencies deal directly with animals, and 29 of 33 New Mexico counties have animal control laws and approximately 81 New Mexico Municipalities have laws concerning animals. Animal Laws and Ordinances Federal, State, County and Municipal statutes and ordinances govern our animals. C. As used in this section, "equine" means a horse, pony, mule, donkey or hinny. L. 1999, Ch. § 30-18-15. C. If criminal charges are filed against the owner, the court shall, upon proper petition, proceed to determine if security is required to be posted pursuant to Section 30-18-1.2 NMSA 1978. B. If the court finds that the seized animal is not being cruelly treated and that the animal's owner is able to adequately provide for the animal, the court shall return the animal to its owner. F. Nothing in this section shall prohibit an owner from voluntarily relinquishing an animal to an animal control agency or shelter in lieu of posting security. (1) "fire dog" means a dog used by a fire department, special fire district or the state fire marshal for the primary purpose of aiding in the detection of flammable materials or the investigation of fires; (2) "police dog" means a dog used by a law enforcement or corrections agency that is specially trained for law enforcement or corrections work in the areas of tracking, suspect apprehension, crowd control or drug or explosives detection; and. Crimes. 1151]] Public Law 116-72 116th Congress An Act To revise section 48 of title 18, United States Code, and for other purposes. Although there is a federal law in Mexico that addresses animal protection, there are no regulations to enforce it. If the court finds that a seized animal is being cruelly treated or that the animal's owner is unable to provide for the animal adequately, the court shall hold a hearing to determine the disposition of the animal. 30, § 1; L. 2007, Ch. How to Pass Animal Cruelty Laws. Intracardiac injection prohibited on conscious animal. 2018 NM Shelter Survey; Spay/Neuter Resources; Companion Animal Rescue Effort (CARE) APNM’s Straw Fund; Train. Transporting stolen livestock consists of knowingly transporting or carrying any stolen or unlawfully possessed livestock or any unlawfully possessed game animal, or any parts thereof. A. 43, § 1, rewrote the section, which formerly read: “A. The provisions of this section do not apply to: As used in this section, "animal" does not include insects or reptiles. Reach out to us and let us know how we can help you. C. using any brand unless said brand shall have been duly recorded in the office of the cattle sanitary board of New Mexico [FN1] or the sheep sanitary board of New Mexico [FN1], whichever is applicable, and the person holds a certificate from the cattle sanitary board or the sheep sanitary board [FN1] certifying to the fact of such record. A. Since 1979, APNM has been advocating for animals by effecting systemic change, working towards the humane treatment of all animals. Seizure and disposition of cruelly treated livestock, § 77-18-3. E. If the owner of the animal does not post security within fifteen days after the issuance of the order, or if, after reasonable and diligent attempts the owner cannot be located, the animal may be deemed abandoned and relinquished to the animal control agency, animal shelter or animal welfare organization for adoption or humane destruction; provided that if the animal is livestock other than poultry associated with cockfighting, the animal may be sold pursuant to the procedures set forth in Section 77-18-2 NMSA 1978. New Mexico Animal Resources Guide; Close; Get Involved; Donate; 40 Years of Powerful, Positive Change in New Mexico Decades of Fighting for the Animals All Over the State and Beyond. If you are a victim of domestic violence, it may be illegal for your abuser to … Information about crimes the abuser may have committed in New Mexico and victim assistance programs. H. If a child is adjudicated of cruelty to animals, the court shall order an assessment and any necessary psychological counseling or treatment of the child. Cruelty to animals; extreme cruelty to animals; penalties; exceptions. The board by rule shall establish procedures for preserving evidence of alleged cruel treatment of livestock. 43, § 2, eff. 8, § 1; L. 2001, Ch. Animal abuse is principally legislated against in the legal jurisdiction of the U.S. by the Animal Welfare Act, which was first passed through Congress in 1966 and was later made subject to amendments in 1970, 1976, 1985, 1990, 2002, and 2007. Child Abuse Laws in New Mexico: These are Child Abuse laws for the State of New Mexico. Beating, hitting, or kicking an animal would definitely fall under animal abuse. Transporting stolen livestock, § 30-18-7 . § 30-18-4. Any person who violates Section 11 of this act is guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for a definite term of less than one year or both. L. 1987, Ch. State Gun Laws. Upon conviction the court may place the animal for adoption with an animal shelter or animal welfare organization or provide for the humane destruction of the animal.”. On a showing of probable cause to believe that the livestock is being cruelly treated, the court shall issue a warrant for the seizure of the livestock and set the matter for hearing as expeditiously as possible within thirty days unless good cause for a later time is demonstrated by the state. § 30-18-1 . July 1, 1995. 303, § 18-5; L. 1965, Ch. 43, § 3, eff. Summary: This section comprises the New Mexico anti-animal cruelty provisions. Animal Protection of New Mexico has a convenient guide to animal ordinances for communities statewide on its website. NM - Cruelty - Consolidated Cruelty Statutes: NMSA 1978, § 30-18-1 to 30-18-16; NMSA 1978, § 77-18-2 to 4 : This section comprises the New Mexico anti-animal cruelty provisions. (2) protecting a person or animal from death or injury due to an attack by another animal. Unlawful disposition of animal. Any person, firm or corporation, who shall kill or cause to be killed, for sale or use any unbranded neat cattle, or any cattle on which the brand has not peeled off and fully healed, unless such cattle shall have an older and duly recorded brand; or shall kill, or cause to be killed for sale or use any neat cattle having a brand not legally owned by such person, firm or corporation, without having taken a duly acknowledged bill of sale for the same from the owner thereof, shall be deemed guilty of a petty misdemeanor. 282, § 102, eff. “B. 107, § 1, eff. (2) abandoning or failing to provide necessary sustenance to an animal under that person's custody or control. July 1, 1999. Children, being voiceless themselves, it becomes the responsibility of the adult population to safeguard their rights. If someone did to a dog or a cat what factory farms do to pigs, cows, sheep, chickens, hens or goats, they would be imprisoned. Most animal protection laws are enacted and enforced at the state level. June 19, 2009. Find out about animal laws worldwide in the GAL Legislation Database. Universal Citation: NM Stat § 30-18-1 (1996 through 1st Sess 50th Legis) 30-18-1. E. Whoever commits unlawful tripping of an equine that causes the maiming, crippling or death of the equine is guilty of a fourth degree felony. © 2020 Michigan State University College of Law. Calls made outside these hours will be returned within 48 hours. It is unlawful for any person to cause, sponsor, arrange, hold or participate in a fight between dogs or cocks for the purpose of monetary gain or entertainment. F. A person who participates in a coyote-killing contest is guilty of a petty misdemeanor. §§ 30-18-2, 30-18-2.1. July 1, 1999; L. 2001, Ch. L. 1981, Ch. The animal welfare laws that protect dogs and cats don’t include animals in farms and slaughterhouses. A. Charges related to domestic abuse are especially tough to handle because they include family members, as well as people with whom the victim is closely related. L. 1999, Ch. B. § 30-18-1.2. Disposition of seized animals. L. 2009, Ch. Killing unbranded cattle; killing, without bill of sale cattle bearing brand of another person; penalty, § 30-18-9 . Child Abuse Statutes. L. 1999, Ch. A person can be convicted of this offense if they posess any child under 16 inside of any vehicle, building, room, or secluded place with the intention of committing a sexual offense. Readers are advised to verify that the material relied on reflects the most current version of the law. This chapter contains New Mexico’s general animal protection and related statutes with an effective date on or before September 1, 2018. The offender shall bear the expense of participating in an animal cruelty prevention program, animal cruelty education program or psychological counseling ordered by the court. Animal Protection of New Mexico is looking for energetic, enthusiastic individuals to join our lifesaving work for animals on a volunteer basis. This legislation as generally understood as providing the minimum-level standards for treatment of animals, as must be taken under consideration … However, when most people think of the word abuse, they most often think of causing physical harm to the animal. Apply today and discover opportunities that fit with your interests and schedule! Participation in a fight between dogs or cocks for the purpose of monetary gain or entertainment consists of an adult knowingly: (1) being present at a dog fight without attempting to interfere with or stop the contest; or. If the court finds that a seized animal is not being cruelly treated and that the animal's owner is able to provide for the animal adequately, the court shall return the animal to its owner. A. The court may order publication of a notice of the hearing in a newspaper closest to the location of the seizure. A summary of the most important state laws that pet owners and animal lovers should know about. Whoever commits unlawful branding is guilty of a fourth degree felony. It is an affirmative defense to a prosecution brought pursuant to the provisions of this section that a police dog, police horse or fire dog was not handled in accordance with well-recognized national handling procedures or was handled in a manner contrary to its own department's handling policies and procedures. As used in this section, “coyote-killing contest” means an organized or sponsored competition with the objective of killing coyotes for prizes or entertainment. E. A person who organizes, causes, sponsors, arranges or holds a coyote-killing contest is guilty of a misdemeanor. Killing unbranded cattle or cattle having another's brand. Strapped with a surveillance camera, the animal rights activist went undercover this fall to document activities at a New Mexico dairy that supplied cheese products to several major U.S. pizza chains. I. Animal neglect in Missouri can also fall under the abuse category. B. The following statutes comprise the state's relevant assistance animal and guide dog laws. Dangerous Dog Act. Upon a fourth or subsequent conviction for committing cruelty to animals, the offender is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. (2) owning or equipping one of the participating dogs or cocks with knowledge of the contest. July 1, 1999. Intracardiac injection prohibited on conscious animal, § 30-18-16. Injury to a police dog, police horse or fire dog consists of willfully and with intent to injure or prevent the lawful performance of its official duties: (1) striking, beating, kicking, cutting, stabbing, shooting or administering poison or any other harmful substance to a police dog, police horse or fire dog; or. Repealed by L. 1999, Ch. Although every effort has been made to provide the most current information available, this material changes continually as governmental entities go about the business of amending existing laws and creating new ones. Building Foundations to Keep Animals Safe, Equine Protection Fund: Emergency Feed Assistance and Other Help, What to do with orphaned, sick or injured wildlife, Help Chimps Now – Chimpanzee Sanctuary Fund, In the News: APNM Securing Sanctuary for Chimpanzees, City of Rio Communities Ordinance No: 2014 17, Animal Control Ordinances in New Mexico – A Guide to Successful Improvements, NM Supreme Court Ruling’s Impact on Animal Cruelty Law. Equine Protection Fund: Emergency Feed … Livestock inspectors who are certified peace officers shall enforce the provisions of Chapter 30, Article 18 NMSA 1978 and other criminal laws relating to livestock. Illegal confinement of animals, § 30-18-6 . Section 2136, except when knowingly operating outside provisions, governing the treatment of animals, of a research or maintenance protocol approved by the institutional animal care and use committee of the facility; or. (2) providing the venue for a coyote-killing contest. G. Upon conviction, the court shall place the animal with an animal shelter or animal welfare organization for placement or for humane destruction. Otherwise, the judge or magistrate executing the warrant shall notify the board, have the livestock impounded and give written notice to the owner of the livestock of the time and place of a hearing to determine disposition of the livestock. I. Misrepresentation of pedigree consists of either the giving, obtaining, misrepresenting or exhibiting of any type of registry certificate or transfer certificate, pertaining to the pedigree registry of any animal, knowing such certificate to be false or misleading, or to have been secured by means of false pretenses or false representations. It is unlawful for a person to organize, cause, sponsor, arrange, hold or participate in a coyote-killing contest. Animals and Livestock. B. A. D. The court shall determine the amount of security while taking into consideration all of the circumstances of the case including the owner's ability to pay, and may conduct periodic reviews of its order. Information about New Mexico’s state law that provides employment protections for victims of domestic violence and employees who have family members who are victims of domestic violence. Unlawful tripping of an equine consists of intentionally using a wire, pole, stick, rope or any other object to cause an equine to lose its balance or fall, for the purpose of sport or entertainment. As used in this section, "animal" does not include insects or reptiles. A peace officer who reasonably believes that the life or health of an animal is endangered due to cruel treatment may apply to the district court, magistrate court or the metropolitan court in the county where the animal is located for a warrant to seize the animal. Injury to livestock consists of willfully and maliciously poisoning, killing or injuring livestock that is the property of another. Chapter 30. West's New Mexico Statutes Annotated. (3) "police horse" means a horse that is used by a law enforcement or corrections agency for law enforcement or corrections work. Nothing in this act shall be construed to prohibit or make unlawful the taking of game animals, game birds or game fish by the use of dogs, provided the person so doing is licensed as provided by law and is using such dogs in a lawful manner. B. Because there are so many state laws involving animal protection, this won’t be a detailed guide, but an overview of the types of laws you’ll generally find at the state level. Repealed by L. 1999, Ch. §30-3-11) The following crimes are domestic violence offenses, listed roughly in order of severity. It is unlawful for an employee or agent of an animal control service or facility, animal shelter or humane society to use intracardiac injection to administer euthanasia on a conscious animal if the animal could first be rendered unconscious in a humane manner. July 1, 2019. As used in this section, "livestock" means cattle, sheep, buffalo, horses, mules, goats, swine and ratites. 6, § 2, eff. A. A household member is a current or former spouse, a parent, a current or former stepparent, a current or former parent-in-law, a grandparent, a grandparent-in-law, a co-parent of a child, or a person with whom the offender has had a dating or intimate relationship. 151, § 1; L. 1999, Ch. 107, § 4, eff. Copyright © 2020 Animal Protection of New Mexico. A bid by the owner of the livestock or the owner's representative shall not be accepted. B. C. An agent of the New Mexico livestock board, an animal control agency operated by the state, a county or a municipality, or an animal shelter or other animal welfare organization designated by an animal control agency or an animal shelter, in the custody of which an animal that has been cruelly treated has been placed may petition the court to request that the animal's owner may be ordered to post security with the court to indemnify the costs incurred to care and provide for the seized animal pending the disposition of any criminal charges of committing cruelty to animals pending against the animal's owner. Join the APNM mailing list and be the first to know about the threats and triumphs affecting all of the animals around our state, and what you can do to show them your support. § 30-18-8. Understanding the Differences Between Statutes, Regulations, Ordinances and Common Law. The provisions of this section do not apply to: (1) fishing, hunting, falconry, taking and trapping, as provided in Chapter 17 NMSA 1978; (2) the practice of veterinary medicine, as provided in Chapter 61, Article 14 NMSA 1978; (3) rodent or pest control, as provided in Chapter 77, Article 15 NMSA 1978; (4) the treatment of livestock and other animals used on farms and ranches for the production of food, fiber or other agricultural products, when the treatment is in accordance with commonly accepted agricultural animal husbandry practices; (5) the use of commonly accepted Mexican and American rodeo practices, unless otherwise prohibited by law; (6) research facilities licensed pursuant to the provisions of 7 U.S.C. C. Organizing, causing, sponsoring, arranging or holding a coyote-killing contest consists of a person knowingly: (1) planning, organizing or enticing a person to participate in a coyote-killing contest; or. States are left with no guidelines to effectively deal with animal abusers, and lack of knowledge concerning animal protection and the importance of respect for nonhuman life prevents local authorities from taking action. 341, § 1. July 1, 1999; L. 2009, Ch. <