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Home » US Law » 2021 New Mexico Statutes » Chapter 20 - Military Affairs » Article 12 - Code of Military Justice

Section 20-12-28 – Cruelty and maltreatment.

Any person subject to Chapter 20 NMSA 1978 who is guilty of cruelty toward or oppression or maltreatment of any person subject to his orders shall be punished as a court-martial may direct. History: 1978 Comp., § 20-12-28, enacted by Laws 1989, ch. 337, § 27. ANNOTATIONS Effective dates. — Laws 1989, ch. 337 contained […]

Section 20-12-29 – Mutiny or sedition.

A. Any person subject to Chapter 20 NMSA 1978 who: (1) with intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his duty or creates any violence or disturbance is guilty of mutiny; (2) with intent to cause the overthrow or destruction of […]

Section 20-12-3 – Persons subject to the code; applicability of the code.

The Code of Military Justice applies to all members of the national guard when not in federal service under Title 10, United States Code and to all members of the state defense force when performing militia duty. The code has territorial applicability both within and without the state. The code has applicability at all times, […]

Section 20-12-30 – Resistance, breach of arrest and escape.

Any person subject to Chapter 20 NMSA 1978 who resists apprehension or breaks arrest or who escapes from custody or confinement shall be punished as a court-martial may direct. History: 1978 Comp., § 20-12-30, enacted by Laws 1989, ch. 337, § 29. ANNOTATIONS Effective dates. — Laws 1989, ch. 337 contained no effective date provision, […]

Section 20-12-31 – Releasing prisoner without proper authority.

Any person subject to Chapter 20 NMSA 1978 who, without proper authority, releases any prisoner committed to his charge or who through neglect or design suffers any such prisoner to escape shall be punished as a court-martial may direct, whether or not the prisoner was committed in strict compliance with law. History: 1978 Comp., § […]

Section 20-12-32 – Unlawful detention.

Any person subject to Chapter 20 NMSA 1978 who, except as provided by law, apprehends, arrests or confines any person shall be punished as a court-martial may direct. History: 1978 Comp., § 20-12-32, enacted by Laws 1989, ch. 337, § 31. ANNOTATIONS Effective dates. — Laws 1989, ch. 337 contained no effective date provision, but, […]

Section 20-12-33 – Noncompliance with procedural rules.

Any person subject to Chapter 20 NMSA 1978 who is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under that chapter or who knowingly and intentionally fails to enforce or comply with any provision of that chapter regulating the proceedings before, during or after trial of […]

Section 20-12-34 – Misbehavior before the enemy.

Any person subject to Chapter 20 NMSA 1978 who before or in the presence of the enemy: A. runs away; B. shamefully abandons, surrenders or delivers up any command, unit, place or military property which it is his duty to defend; C. through disobedience, neglect or intentional misconduct endangers the safety of any such command, […]

Section 20-12-35 – Subordinate compelling surrender.

Any person subject to Chapter 20 NMSA 1978 who compels or attempts to compel the commander of any place, vessel, aircraft or other military property, or of any body of members of the armed forces, to give it up to an enemy or to abandon it, or who strikes the colors or flag to any […]

Section 20-12-36 – Improper use of countersign.

Any person subject to Chapter 20 NMSA 1978 who in time of war discloses the parole or countersign to any person not entitled to receive it or who gives to another who is entitled to receive and use the parole or countersign a different parole or countersign from that which, to his knowledge, he was […]

Section 20-12-37 – Forcing a safeguard.

Any person subject to Chapter 20 NMSA 1978 who forces a safeguard shall suffer death or other punishment as a court-martial may direct. History: 1978 Comp., § 20-12-37, enacted by Laws 1989, ch. 337, § 36. ANNOTATIONS Effective dates. — Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. […]

Section 20-12-38 – Captured or abandoned property.

A. All persons subject to Chapter 20 NMSA 1978 shall secure all public property taken from the enemy for the service of the United States and shall give notice and turn over to the proper authority without delay all captured or abandoned property in their possession, custody or control. B. Any person subject to Chapter […]

Section 20-12-39 – Aiding the enemy.

Any person who aids or attempts to aid the enemy with arms, ammunition, supplies, money or other things or without proper authority, who knowingly harbors or protects or gives intelligence to or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly, shall suffer death or other punishment as a […]

Section 20-12-4 – Convening authorities; nonjudicial punishment authorities.

A. A general, special or summary court-martial may be convened by the governor or by the adjutant general. B. A special or summary court-martial may be convened by the assistant adjutant general of the army national guard, as to all members of the army national guard; by the land component commander, as to members of […]

Section 20-12-40 – Misconduct as prisoner.

Any person subject to Chapter 20 NMSA 1978 who, while in the hands of the enemy in time of war, for the purpose of securing favorable treatment by his captors, acts without proper authority in a manner contrary to law, custom or regulation, to the detriment of others of whatever nationality held by the enemy […]

Section 20-12-41 – Spies.

Any person who in time of war is found lurking as a spy or acting as a spy in or about any place, vessel or aircraft, within the control or jurisdiction of any of the armed forces, or in or about any shipyard, any manufacturing or industrial plant or any other place or institution engaged […]

Section 20-12-42 – Espionage.

A. Any person subject to Chapter 20 NMSA 1978 who, with intent or reason to believe that it is to be used to the injury of the United States or to the advantage of a foreign nation, communicates, delivers or transmits, or attempts to communicate, deliver or transmit, to any entity described in Subsection B […]

Section 20-12-43 – False official statements.

Any person subject to Chapter 20 NMSA 1978 who, with intent to deceive, signs any false record, return, regulation, order or other official document, knowing it to be false, or makes any other false official statement knowing it to be false, shall be punished as a court-martial may direct. History: 1978 Comp., § 20-12-43, enacted […]