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§ 30-18-1 NMSAMisdemeanor; Fourth Degree Felony if extreme cruelty Other

Cruelty To Animals

Legal Definition

A person commits cruelty to animals by negligently mistreating, injuring, killing without lawful justification, tormenting, or depriving any animal of necessary sustenance to the extent that the animal's health is jeopardized. The statute also prohibits cruelly beating, overworking, or abandoning an animal, or subjecting it to needless suffering. New Mexico law defines "animal" broadly to include vertebrate creatures except humans.

Possible Punishment

Misdemeanor: up to 364 days in county jail and a fine up to $1,000. If the offense involves extreme cruelty (torture or mutilation that causes severe injury or death), it is a Fourth Degree Felony: basic sentence 18 months imprisonment and a fine up to $5,000. Courts may also order psychological counseling, community service, and prohibit future animal ownership.

Local Context

Section 30-18-1 distinguishes between ordinary cruelty (misdemeanor) and extreme cruelty (felony). Extreme cruelty requires an act of torture, mutilation, or malicious killing that causes severe physical injury or death. The statute exempts lawful activities such as veterinary practice, scientific research under protocol, rodeo events, and humane euthanasia. Repeat offenders and those who commit cruelty in the presence of a minor may face enhanced penalties.

Holds, Warrants, and Procedural Bookings

Not everything in a jail roster is a fresh local crime. This category covers procedural bookings: fugitive-from-justice holds for other states, probation and parole violations, courtesy holds for other agencies, and catch-all offense codes. The person may face no new Doña Ana County charge at all.

Failure-to-appear and bench-warrant bookings are the most common procedural entries in our data. They resolve through the court that issued the warrant, which is why the fastest path out usually runs through a motion to quash rather than anything that happens at the jail.

Related Guides

Recent Arrests for This Charge (1)

Information provided for general reference. Statutory text is summarized and may not reflect the most recent amendments. All persons listed are presumed innocent until proven guilty.