New Mexico Animal Cruelty and Hoarding Statute

Under NMSA 30-18-1, cruelty to animals consists of negligently mistreating, injuring, or killing an animal without lawful justification, or abandoning or failing to provide necessary sustenance to an animal in one's custody. A first offense is a misdemeanor; a fourth or subsequent conviction is a fourth-degree felony. Extreme cruelty, defined as intentional or malicious torture, mutilation, or killing, is a fourth-degree felony on first offense. Hoarding situations typically violate the sustenance provision when overcrowding prevents adequate food, water, sanitation, or veterinary care. The statute applies statewide and supplements local hoarding ordinances. Insects and reptiles are excluded from the definition of animal under this section.

Misdemeanor cruelty carries up to 364 days jail and $1,000 fine. Fourth conviction or extreme cruelty is a fourth-degree felony with up to 18 months prison and animal forfeiture.