Malicious Prosecution, etc.

NMSA 1978 ch. 30, art. 27

in effect

NMSA 1978, § 30-27-1 Malicious criminal prosecution

30-27-1. Malicious criminal prosecution Malicious criminal prosecution consists of maliciously procuring or attempting to procure an indictment or otherwise causing or attempting to cause a criminal charge to be preferred or prosecuted against an innocent person, knowing him to be innocent. Whoever commits malicious criminal prosecution is guilty of a misdemeanor. 1953 Comp., § 40A-27-1, enacted by Laws 1963, ch. 303, § 27-1.

NMSA 1978, § 30-27-2.1 Impersonating a peace officer

30-27-2.1. Impersonating a peace officer A. Impersonating a peace officer consists of: (1) without due authority exercising or attempting to exercise the functions of a peace officer; or (2) pretending to be a peace officer with the intent to deceive another person. B. Whoever commits impersonating a peace officer is guilty of a misdemeanor. Upon a second or subsequent conviction, the offender is guilty of a fourth degree felony. C. As used in this section, "peace officer" means any public official or public officer vested by law with a duty to maintain public order or to make arrests for crime, whether that duty extends to all crimes or is limited to specific crimes. Laws 1999, ch. 120, § 1.

NMSA 1978, § 30-27-3 Barratry

30-27-3. Barratry Barratry consists of: A. intentionally instigating, maintaining, exciting, prosecuting or encouraging the bringing of any suit in any court of this state in which such person has no interest, with the intent to distress or harass the defendant; B. intentionally bringing or prosecuting any false suit by a person on his own account, with intent to distress or harass the defendant therein; C. any attorney-at-law seeking or obtaining employment in any suit or case to prosecute or defend the same by means of personal solicitation of such employment or, procuring another to solicit employment for him; or D. any attorney-at-law seeking or obtaining employment in any suit, by giving to the person from whom the employment is sought anything of value or directly or indirectly paying the debts or liabilities of the person from whom such employment is sought or loaning or promising to give or otherwise grant anything of value to the person from whom such employment is sought before such employment in order to induce such employment. Whoever commits barratry is guilty of a misdemeanor. 1953 Comp., § 40A-27-3, enacted by Laws 1963, ch. 303, § 27-3.

NMSA 1978, § 30-27-4 Securing signature to petition by unlawful means

30-27-4. Securing signature to petition by unlawful means Securing signature to petition by unlawful means consists of securing the signature of any person to any petition now or hereafter provided for by the laws of this state, by paying or promising to pay the signer anything of value, direct or indirect, or by securing such signature by force, threats or intimidation, or by forging or copying the names of any person to any such petition. Whoever commits securing signature to petition by unlawful means is guilty of a misdemeanor. 1953 Comp., § 40A-27-4, enacted by Laws 1963, ch. 303, § 27-4.

NMSA 1978, § 30-27-5 Simulating legal process

30-27-5. Simulating legal process A. Simulating legal process consists of knowingly issuing or delivering to a person a document that falsely simulates civil or criminal process. "Civil or criminal process" means a document or order, including but not limited to a summons, lien, complaint, warrant, injunction, writ, notice, pleading or subpoena. B. Whoever commits simulating legal process is guilty of a misdemeanor. Laws 2005, ch. 327, § 1.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18530/index.doFetched: 10/20/2026