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AN ACT
RELATING TO ANIMALS; PROHIBITING COCKFIGHTING; CHANGING
PENALTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 30-18-1 NMSA 1978 (being Laws 1999,
Chapter 107, Section 1, as amended) is amended to read:
"30-18-1. CRUELTY TO ANIMALS--EXTREME CRUELTY TO
ANIMALS--PENALTIES--EXCEPTIONS.--
A. 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
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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. 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. The court may also order a person convicted for
committing cruelty to animals or extreme cruelty to animals
to obtain psychological counseling for treatment of a mental
health disorder if, in the court's judgment, the mental
health disorder contributed to the commission of the criminal
offense. The offender shall bear the expense of
participating in an animal cruelty prevention program, animal
cruelty education program or psychological counseling ordered
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by the court.
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.
I. 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. 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
(7) other similar activities not otherwise
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prohibited by law.
J. 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."
Section 2. Section 30-18-9 NMSA 1978 (being Laws 1981,
Chapter 30, Section 1) is amended to read:
"30-18-9. DOG FIGHTING AND COCKFIGHTING--PENALTY.--
A. 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.
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
(2) owning or equipping one of the
participating dogs or cocks with knowledge of the contest.
B. It is unlawful to train, equip or sponsor a dog
or cock for the purpose of having it participate in a fight
with another dog or cock, respectively, for monetary gain or
entertainment.
C. Any person violating the provisions of
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Subsection A or B of this section, as it pertains to dogs, is
guilty of a fourth degree felony.
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
(3) upon a third or subsequent conviction,
is guilty of a fourth degree felony."