July 1, 1999. C. As used in this section, "equine" means a horse, pony, mule, donkey or hinny. Livestock crimes; livestock inspectors to enforce, § 30-18-15 . § 30-18-13. Killing unbranded cattle; killing, without bill of sale cattle bearing brand of another person; penalty, § 30-18-9 . § 30-18-11. A new study found that New Mexico’s animal cruelty laws are among the weakest in the country. A bid by the owner of the livestock or the owner's representative shall not be accepted. New Mexico Animal Resources Guide; Close; Get Involved; Donate; You are here: Home / What We Do / Challenging Animal Cruelty / Animal Cruelty Hotline. F. knowingly buying, taking or receiving from any person having in his possession, or under his control, any animal on shares or under contract, without the consent of the owner of such animal. However, when most people think of the word abuse, they most often think of causing physical harm to the animal. E. Extreme cruelty to animals consists of a person: (1) intentionally or maliciously torturing, mutilating, injuring or poisoning an animal; or. H. Whoever commits harassment of a police dog, police horse or fire dog that results in bodily injury to a person not an accomplice to the criminal offense is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978. … Livestock crimes; livestock inspectors to enforce. A. (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. 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. Unlawful disposition of animal. (3) upon a third or subsequent conviction, is guilty of a fourth degree felony. June 19, 2009. Seizure and disposition of cruelly treated livestock, § 77-18-3. C. Whoever commits injury to livestock is guilty of a fourth degree felony. 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. As used in this section, "livestock" means cattle, sheep, buffalo, horses, mules, goats, swine and ratites. Injury to a police dog, police horse or fire dog; harassment of a police dog, police horse or fire dog, § 30-18-14 . June 15, 2007. 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. Killing unbranded cattle or cattle having another's brand. (2) protecting a person or animal from death or injury due to an attack by another animal. 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. 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. The various provisions are organized into categories with the relevant part of each statute italicized. 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. 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. Transporting stolen livestock, § 30-18-7 . 6, § 2, eff. Understanding the Differences Between Statutes, Regulations, Ordinances and Common Law. July 1, 1999; L. 2009, Ch. B. This is what animals raised for human consumption face in Mexico every day. D. Whoever commits unlawful tripping of an equine is guilty of a misdemeanor. B. If the posting of security is ordered, the animal control agency, animal shelter or animal welfare organization may, with permission of the court, draw from the security to indemnify the costs incurred to care and provide for the seized animal pending disposition of the criminal charges. 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. 43, § 3, eff. If the livestock is ordered sold, the sale shall occur within ten days of the order. L. 1999, Ch. As used in this section, "animal" does not include insects or reptiles. 341, § 1. E. At the option and expense of the owner, the seized animal may be examined by a veterinarian of the owner's choice. Such charges can also affect the entire family emotionally. 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. If the court finds that the seized animal is being cruelly treated or that the animal's owner is unable to adequately provide for the animal, the court shall hold a hearing to determine the disposition of the animal. June 19, 2009. 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. Five states—Hawaii, Kentucky, New Mexico, West Virginia, and Wyoming—still do not have any laws prohibiting the sexual assault of animals. 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. New Mexico is in the dog house when it comes to animal abuse. Repealed by L. 1999, Ch. Illegal confinement of animals consists of: A. detaining for more than two (2) hours for the purpose of milking any cow, without the permission of the owner; B. taking and detaining any bull for the purpose of improving livestock, without the consent of the owner; C. intentionally separating offspring of livestock from the mother, unless branded. Animal Laws and Ordinances Federal, State, County and Municipal statutes and ordinances govern our animals. § 30-18-14. § 30-18-1 . Article 18. If you are a victim of domestic violence, it may be illegal for your abuser to … Animal neglect in Missouri can also fall under the abuse category. B. B. 107, § 6, eff. Introduction. 107, § 2, eff. Dog fighting and cockfighting; penalty, § 30-18-11 . Whoever commits unlawful branding is guilty of a fourth degree felony. A new law to help protect animals from cruelty and abuse is being introduced by the government. © 2020 Michigan State University College of Law. 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. Readers are advised to verify that the material relied on reflects the most current version of the law. [116th Congress Public Law 72] [From the U.S. Government Publishing Office] [[Page 133 STAT. As a non-profit 501(c)(3) organization we depend on the donations from you and others who strive for the humane treatment of all living things. Beating, hitting, or kicking an animal would definitely fall under animal abuse. Disposition of seized animals, §§ 30-18-2, 30-18-2.1 . A. Injury to livestock consists of willfully and maliciously poisoning, killing or injuring livestock that is the property of another. Continue Reading. Please contact us for more assistance or download our publication Animal Control Ordinances in New Mexico – A Guide to Successful Improvements, New Mexico State Animal Cruelty Statute – Chapter 30, Criminal Offenses, Article 18, Animals, Understanding the Differences Between Statutes, Regulations, Ordinances and Common Law, Analysis: NM Supreme Court Ruling’s Impact on Animal Cruelty Law | State V. Cleve. G. The court may order a person convicted for committing cruelty to animals to participate in an animal cruelty prevention program or an animal cruelty education program. 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. New Mexico is in the dog house when it comes to how we treat animal abuse. The court may order publication of a notice of the hearing in a newspaper closest to the location of the seizure. As used in this section, "animal" does not include insects or reptiles. 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. 151, § 1, eff. 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. “B. It begins with a detailed overview of the provisions contained in these laws, followed by the full text of the statutes themselves. If there is a dispute as to what constitutes commonly accepted agricultural animal husbandry practices or commonly accepted rodeo practices, the New Mexico livestock board shall hold a hearing to determine if the practice in question is a commonly accepted agricultural animal husbandry practice or commonly accepted rodeo practice. C. As used in Subsection B of this section, "lawful justification" means: (1) humanely destroying a sick or injured animal; or. Injury to a police dog, police horse or fire dog; harassment of a police dog, police horse or fire dog. D. Any person violating the provisions of Subsection A or B of this section as it pertains to cocks: (1) upon a first conviction, is guilty of a petty misdemeanor; (2) upon a second conviction, is guilty of a misdemeanor; and. Provided that, when milk cows, which are actually used to furnish milk for household or dairy purposes, have calves, that are unbranded, such young animals may be separated from their mother and inclosed; or. Animal Cruelty Hotline. 107, § 6, eff. State And Local Animal Protection Laws. B. This legislation as generally understood as providing the minimum-level standards for treatment of animals, as must be taken under consideration … 2018 NM Shelter Survey; Spay/Neuter Resources; Companion Animal Rescue Effort (CARE) APNM’s Straw Fund; Train. F. Whoever commits extreme cruelty to animals is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. 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. Unlawful disposition of animal, § 30-18-5 . Information about crimes the abuser may have committed in New Mexico and victim assistance programs. Cruelty to animals; extreme cruelty to animals; penalties; exceptions. Animal Laws; Law Enforcement Training; Building Foundations to Keep Animals Safe. L. 1987, Ch. § 30-18-4. I. Child Abuse Statutes. 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. 81, § 1; L. 2007, Ch. Criminal Offenses. 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. L. 2001, Ch. Cruelty to animals; extreme cruelty to animals; penalties; exceptions. §§ 30-18-2, 30-18-2.1. General Animal Regulations. (N.M. Stat. 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. Please reach out to us. Dangerous Dog Act. 107, § 1, eff. Animal abuse is a crime that is punishable by law in the state of Missouri. Illegal confinement of animals. If the court does not find that the owner has cruelly treated the livestock, the court shall order the livestock returned to the owner. 113, § 1, eff. B. They are often charged with enforcing these laws over large geographic areas of the state, and the time they can allocate to animal cases is often limited. Child Abuse Laws in New Mexico: These are Child Abuse laws for the State of New Mexico. Most animal protection laws are enacted and enforced at the state level. Cruelty to animals; extreme cruelty to animals; penalties; exceptions, § 30-18-1.1 . C. Any person violating the provisions of Subsection A or B of this section, as it pertains to dogs, is guilty of a fourth degree felony. 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.”. A person who violates the provisions of Subsection A of this section is guilty of a misdemeanor and shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978. 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. Intracardiac injection prohibited on conscious animal, § 30-18-16. A. Whoever commits illegal confinement of animals is guilty of a misdemeanor. 303, § 18-5; L. 1965, Ch. I. 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. We love to hear new ideas about how we can help New Mexico’s animals and be better advocates for them. All Rights Reserved. New Mexico State Animal Cruelty Statute – Chapter 30, Criminal Offenses, Article 18, Animals. L. 1999, Ch. F. Harassment of a police dog, police horse or fire dog consists of a person willfully and maliciously interfering with or obstructing a police dog, police horse or fire dog by frightening, agitating, harassing or hindering the animal. 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. Therefore, citizens who can observe and report abuse or neglect are vital to protecting both the wild and … Your support drives our ability to accomplish great things! 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. Within the animal protection movement, the term "animal abuse" is used to describe any use or treatment of animals that seems unnecessarily cruel, regardless of whether the act is against the law. 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. Don’t Chain.® Humane Communities; Shelter Savvy; Disaster Preparedness; New Mexico Animal Resources Guide; Protecting Horses, Donkeys and Mules. July 1, 2019. Sex offenders have to register online, now there's talks in New Mexico of making animal abusers do the same. A voluntary relinquishment shall not preclude further prosecution of any criminal charges alleging that the owner has committed felony cruelty to animals. Analysis: NM Supreme Court Ruling’s Impact on Animal Cruelty Law | State V. Cleve State child abuse laws can vary in terms of their punishments and the reporting requirements they place on third parties. July 1, 1999. 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. 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