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. A. L. 1999, Ch. As used in this section, "animal" does not include insects or reptiles. 151, § 1, eff. 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. E. A person who organizes, causes, sponsors, arranges or holds a coyote-killing contest is guilty of a misdemeanor. Animal laws in Mexico at national level (anti-cruelty, protection and welfare). As used in this section, “coyote-killing contest” means an organized or sponsored competition with the objective of killing coyotes for prizes or entertainment. (2) abandoning or failing to provide necessary sustenance to an animal under that person's custody or control. § 30-18-1.2. C. As used in this section, "equine" means a horse, pony, mule, donkey or hinny. 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. 107, § 3, eff. Article 18. 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. State child abuse laws can vary in terms of their punishments and the reporting requirements they place on third parties. Seizure and disposition of cruelly treated livestock, § 77-18-3. B. Cruelty to animals consists of a person: D. Participation in a coyote-killing contest consists of a person knowingly taking part in a coyote-killing contest. Summary: This section comprises the New Mexico anti-animal cruelty provisions. 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. D. confining, or in any manner interfering with the freedom of, or selling, or offering to sell, any freshly branded animal, unless such animal has been previously branded with an older and duly recorded brand for which the person has a legally executed bill of sale from the owner of such brand or unless such animals are with their mother, or unless such animals are the calves of milk cows when such cows are actually used to furnish milk for household purposes or for carrying on a dairy; but in every such case the person, firm or corporation, separating calves from their mother for either of these purposes shall, upon the demand of any sheriff, inspector or other officer, produce, in a reasonable time, the mother of each of such calves so that interested parties may ascertain if the cow does or does not claim and suckle such calf. The court may order publication of a notice of the hearing in a newspaper closest to the location of the seizure. Crimes. 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. § 30-18-13. Child Abuse Statutes. 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. 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. A. You can look up the complete name designations of these laws … 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. If the livestock is ordered sold, the sale shall occur within ten days of the order. 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. The following statutes comprise the state's relevant assistance animal and guide dog laws. Repealed by L. 1999, Ch. West's New Mexico Statutes Annotated. Whoever commits transporting stolen livestock is guilty of a fourth degree felony. This is a basic overview of child abuse laws in New Mexico. July 1, 2019. 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. As used in this section, "animal" does not include insects or reptiles. A bid by the owner of the livestock or the owner's representative shall not be accepted. L. 1995, Ch. G. Whoever commits harassment of a police dog, police horse or fire dog is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978. 6, § 1, eff. F. A person who participates in a coyote-killing contest is guilty of a petty misdemeanor. 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. § 30-18-15. July 1, 1999. The various provisions are organized into categories with the relevant part of each statute italicized. Animal Protection of New Mexico has a convenient guide to animal ordinances for communities statewide on its website. We love to hear new ideas about how we can help New Mexico’s animals and be better advocates for them. B. Introduction. Unlawful tripping of an equine; exception. Unlawful disposition of animal, § 30-18-5 . A. Illegal confinement of animals. Article 18. 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. The provisions of this section do not apply to: elder abuse in New Mexico, present results from our analysis of data about elder abuse in New Mexico, and suggest avenues for action. E. Extreme cruelty to animals consists of a person: (1) intentionally or maliciously torturing, mutilating, injuring or poisoning an animal; or. 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. June 19, 2009. 282, § 102, eff. Killing unbranded cattle; killing, without bill of sale cattle bearing brand of another person; penalty, § 30-18-9 . I. 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. B. Equine Protection Fund: Emergency Feed … A. L. 2009, Ch. 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. 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. 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. 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. 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. [116th Congress Public Law 72] [From the U.S. Government Publishing Office] [[Page 133 STAT. Most animal protection laws are enacted and enforced at the state level. How to Report Cruelty to Animals 1-877-5-HUMANE (1-877-548-6263) 9 AM – 4 PM Monday through Friday Most calls returned within 24 hours. From these proceeds, the court shall pay all expenses incurred in caring for the livestock while it was impounded and any expenses involved in its sale. 107, § 2, eff. 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. 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. 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. Illegal confinement of animals, § 30-18-6 . 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. 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. L. 1999, Ch. The provisions of Subsection A of this section do not apply to laying an equine down for medical or identification purposes. June 19, 2009. Animals and Livestock. 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. 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.”. If a livestock inspector or other peace officer has reason to believe that livestock is being cruelly treated, the inspector or peace officer may apply to a court in the county where the livestock is located for a warrant to seize the allegedly cruelly treated livestock. Disposition of seized animals, §§ 30-18-2, 30-18-2.1 . This legislation as generally understood as providing the minimum-level standards for treatment of animals, as must be taken under consideration … B. 81, § 1; L. 2007, Ch. Repealed by L. 1999, Ch. This site is not a law firm and cannot offer legal advice. §30-3-11) The following crimes are domestic violence offenses, listed roughly in order of severity. A summary of the most important state laws that pet owners and animal lovers should know about. Intracardiac injection prohibited on conscious animal. Seizure as authorized by this section shall be restricted to only those livestock allegedly being cruelly treated. July 1, 1999; L. 2009, Ch. A. Congressman Ted Deutch, sponsor of a new law banning animal abuse, pets Connie, a bully breed mix dog, at Broward County Animal Care and Adoption in Fort Lauderdale, on Feb. 4, 2019. As used in this section, "animal" does not include insects or reptiles. 107, § 6, eff. Unfortunately, there aren’t any laws that protect farmed animals from abuse. (7) other similar activities not otherwise prohibited by law. A. July 1, 1999. 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. (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. L. 1963, Ch. © 2020 Michigan State University College of Law. 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. (3) upon a third or subsequent conviction, is guilty of a fourth degree felony. 303, § 18-5; L. 1965, Ch. Laws prohibiting the sexual assault of animals vary widely from state to state. How to Pass Animal Cruelty Laws. New Mexico Domestic Abuse Laws and How to Get Help for Domestic Abuse. 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. 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. However, when most people think of the word abuse, they most often think of causing physical harm to the animal. Seizure of animals; notice, § 30-18-1.2 . 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. 341, § 1. Animal Laws and Ordinances Federal, State, County and Municipal statutes and ordinances govern our animals. Injury to livestock consists of willfully and maliciously poisoning, killing or injuring livestock that is the property of another. D. Whoever commits unlawful tripping of an equine is guilty of a misdemeanor. 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. The rules for this law provide that a fine of 10 to 30 times the daily value of the Unit of Measurement and Update will be imposed to the person who incurs in an act of cruelty mentioned in the previous paragraph. B. Extreme cruelty to animals, a fourth … This chapter contains New Mexico’s general animal protection and related statutes with an effective date on or before September 1, 2018. 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. 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. Calls made outside these hours will be returned within 48 hours. A new study found that New Mexico’s animal cruelty laws are among the weakest in the country. 8, § 1; L. 2001, Ch. 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. If the expenses incurred in caring for and selling the livestock exceed the amount received from the sale, the court shall order the former owner to pay the additional cost. 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. 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. July 1, 1999; L. 2009, Ch. If you are a victim of domestic violence, it may be illegal for your abuser to … Prohibited means of disposal or destruction, § 30-18-1. Children, being voiceless themselves, it becomes the responsibility of the adult population to safeguard their rights. 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. E. At the option and expense of the owner, the seized animal may be examined by a veterinarian of the owner's choice. Your support drives our ability to accomplish great things! A new law to help protect animals from cruelty and abuse is being introduced by the government. PRIVACY: Animal Protection of New Mexico will never sell or share your email address with any outside party. July 1, 1999, § 30-18-4 . 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. L. 1999, Ch. 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. In New Mexico there are a limited number of animal control officers, sheriff’s deputies and others charged with enforcing animal cruelty laws. Animal neglect in Missouri can also fall under the abuse category. 30, § 1; L. 2007, Ch. B. 1151]] Public Law 116-72 116th Congress An Act To revise section 48 of title 18, United States Code, and for other purposes. 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. 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. Apply today and discover opportunities that fit with your interests and schedule! animal without the owner’s consent, cruelly or unnecessarily kills or injures any animal.” Cruelty to animals is a Class A Misdemeanor with a $1000 fine, possible imprisonment for up to 1 year, forfeiture of any and all animals (unless 25% or more income is provided from animals), and no animal ownership for 5 years. July 1, 1999; L. 2001, Ch. 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. The board by rule shall establish procedures for preserving evidence of alleged cruel treatment of livestock. B. Copyright © 2020 Animal Protection of New Mexico. (3) "police horse" means a horse that is used by a law enforcement or corrections agency for law enforcement or corrections work. Unlawful disposition of animal. D. If the owner of the animal cannot be determined, a written notice regarding the circumstances of the seizure shall be conspicuously posted where the animal is seized at the time the seizure occurs. CreditsAdded by L. 2019, Ch. Injury to a police dog, police horse or fire dog; harassment of a police dog, police horse or fire dog, § 30-18-14 . 2018 NM Shelter Survey; Spay/Neuter Resources; Companion Animal Rescue Effort (CARE) APNM’s Straw Fund; Train. General Animal Regulations. (2) owning or equipping one of the participating dogs or cocks with knowledge of the contest. 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. § 30-18-14. Cruelty to animals; extreme cruelty to animals; penalties; exceptions. State Gun Laws. L. 1999, Ch. B. 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