New Mexico Statewide Rule
New Mexico Animal Cruelty and Hoarding Statute
Key Facts
- Statute
- NMSA 30-18-1
- Standard Cruelty
- Misdemeanor
- Fourth Offense
- Fourth-degree felony
- Extreme Cruelty
- Felony first offense
- Excluded Animals
- Insects, reptiles
Summary
NMSA 30-18-1 universally criminalizes animal cruelty statewide, including failing to provide sustenance to animals in custody. Companion animal hoarding triggers cruelty charges and permanent forfeiture of animals upon conviction.
As used in this section, "animal" does not include insects or reptiles. B. Cruelty to animals consists of a person: (1) negligently mistreating, injuring, killing without lawful justification or tormenting an animal; or (2) abandoning or failing to provide necessary sustenance to an animal under that person's custody or control. C. As used in Subsection B of this section, "lawful justification" means: (1) humanely destroying a sick or injured animal; or (2) protecting a person or animal from death or injury due to an attack by another animal. D. Whoever commits cruelty to animals is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978. 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. E. Extreme cruelty to animals consists of a person: (1) intentionally or maliciously torturing, mutilating, injuring or poisoning an animal; or (2) maliciously killing an animal. 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. G.
Full Breakdown
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.
Violations & Penalties
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.
Frequently Asked Questions
Is animal hoarding specifically named as a crime in New Mexico?
Can authorities seize animals from a hoarding situation?
Sources
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