2021 New Mexico Statutes
Chapter 20 - Military Affairs

Section 20-1-4 - Governor to be commander-in-chief; enforcement of New Mexico Military Code. - A. The governor shall be the commander-in-chief of the military...

Section 20-1-5 - Adjutant general; appointment, powers and duties. - In case of a vacancy, the governor shall appoint as...

Section 20-1-6 - Payments by state treasurer; certificates of indebtedness. - A. All compensation of personnel and all the necessary expenses...

Section 20-1-7 - Reference to gender. - In Chapter 20 NMSA 1978, the use of the male...

Section 20-1-8 - State benefits for members of armed forces called to active duty and deployed; benefits for surviving children of a member killed in the line of duty. - A. A New Mexico resident who is a member of...

Section 20-1-8.1 - Military deployment; municipal or county services and utilities discontinued. - A. When a resident is a member of a branch...

Section 20-1-9 - Onate training center complex; morale, welfare and recreation facility; establishment; powers and duties; proceeds; audits. - A. As used in this section: (1) "department" means the...

Article 2 - Militia

Section 20-2-1 - Definitions and principles. - A. "Militia" means all the military forces of this state,...

Section 20-2-2 - Militia composition. - The militia is composed of the organized and the unorganized...

Section 20-2-3 - Governor; power to call out militia. - A. The governor may, in case of insurrection, invasion, riot...

Section 20-2-4 - Governor; proclamation of a state of insurrection. - Whenever any portion of the militia is in active service...

Section 20-2-5 - Fresh pursuit. - A. In case the United States is at war or...

Section 20-2-6 - Governor; call for federal or state service; powers. - A. When the national guard or a part thereof is...

Section 20-2-7 - Miscellaneous provisions. - A. The composition, uniform, equipment and location of all units...

Section 20-2-8 - Honorary promotion upon retirement. - Members of the organized militia may be promoted by the...

Section 20-2-9 to 20-2-18 - Repealed. - Repeals. — Laws 1987, ch. 318, § 98A repealed 20-2-9...

Article 3 - Department of Military Affairs

Section 20-3-1 - Department of military affairs [created]. - There is created the "department of military affairs" which shall...

Section 20-3-2 - Department structure; authority of adjutant general. - A. The department of military affairs consists of: (1) the...

Section 20-3-3 to 20-3-10 - Repealed. - Repeals. — Laws 1987, ch. 318, § 98A repealed 20-3-3...

Article 4 - National Guard

Section 20-4-1 - Standards for appointment, promotion, termination. - A. The standards for commissioning, warranting, enlisting; for promotion and...

Section 20-4-2 - Administration of oaths. - All commissioned and warrant officers of the national guard and...

Section 20-4-3 - Pay and allowances. - A. Members of the national guard, when on state-ordered duty...

Section 20-4-4 - Members not liable for acts in performance of duty. - Whenever a member of the national guard is on state-ordered...

Section 20-4-5 - Workmen's compensation. - Whenever a member of the national guard is on state-ordered...

Section 20-4-6 - Discrimination prohibited; penalty. - No employer or agent thereof shall refuse to hire or...

Section 20-4-7 - Military leave for national guard and reserves. - All state, county, municipal, school district and other public employees...

Section 20-4-7.1 - Servicemembers Civil Relief Act benefits; Uniformed Services Employment and Reemployment Rights Act; federal or state active duty. - A. The rights, benefits and protections of the federal Servicemembers...

Section 20-4-7.2 - Legislative findings and purpose. - A. The legislature finds that: (1) the national guard has...

Section 20-4-7.3 - Service members' life insurance reimbursement fund created; purpose; appropriation. - A. The "service members' life insurance reimbursement fund" is created...

Section 20-4-8 - Exemptions; jury duty and civil process; equipment. - A. Members of the national guard shall not be subject...

Section 20-4-9 - Members of the national guard, state hiring preference. - While serving in the national guard, applicants for state employment...

Section 20-4-10 - Members of the national guard considered state employees. - Members of the national guard shall be considered to be...

Section 20-4-11 - Survivors' benefit; tuition payment. - The surviving spouse and all surviving minor children of a...

Section 20-4-12 - Repealed. - History: 1978 Comp., § 20-4-12, enacted by Laws 1987, ch....

Section 20-4-13 - National guard scholarship fund. - The adjutant general shall maintain and administer a scholarship fund...

Section 20-4-14 - Resident tuition. - An active member of the national guard and the member's...

Article 5 - State Defense Force

Section 20-5-1 - New Mexico state defense force established; not in federal service; definitions. - A. The "New Mexico state defense force" is established as...

Section 20-5-2 - Regulations. - The adjutant general shall prescribe regulations governing the recruiting, organization,...

Section 20-5-3 - Composition; enlistment; appointment. - A. The state defense force shall consist of persons eighteen...

Section 20-5-4 - Administration of oaths. - All commissioned officers of the national guard and of the...

Section 20-5-5 - Standing cadre; composition of units. - A standing cadre of officers and enlisted members is authorized....

Section 20-5-6 - Uniform; rank precedence and command. - A. The state defense force shall be uniformed. The adjutant...

Section 20-5-7 - Discipline. - A. The discipline of the state defense force shall, to...

Section 20-5-8 - Discharge; dismissal. - A. Upon expiration of the term of service for which...

Section 20-5-9 - Arms and equipment; facilities. - A. The state defense force, to the extent practicable, shall...

Section 20-5-10 - Training. - A. The adjutant general shall promulgate regulations governing the training...

Section 20-5-11 - Members not liable for acts in performance of duty. - Members of the state defense force shall not incur personal...

Section 20-5-12 - Repealed. - Repeals. — Laws 1993, ch. 193, § 14 repealed 20-5-12...

Section 20-5-13 - Discrimination prohibited; penalty. - No employer or agent thereof shall refuse to hire, penalize...

Section 20-5-14 - Military leave. - All state, county, municipal, school district and other public employees...

Section 20-5-15 - Exemptions; process; uniforms and equipment. - A. Members of the state defense force shall not be...

Section 20-5-16 - State defense force; workers' compensation; cadre duty. - A. When a member of the state defense force is...

Article 6 - Reserved (Repealed.)

Section 20-6-2 - Repealed. - Repeals. — Laws 1987, ch. 318, § 98A repealed 20-6-1...

Article 7 - Civil Air Patrol

Section 20-7-1 - Creation of civil air patrol division. - There is created the civil air patrol division within the...

Section 20-7-2 - Budget. - The civil air patrol division shall submit its budget requests...

Section 20-7-3 - Regulations. - The adjutant general may prescribe regulations for the civil air...

Section 20-7-4 - Cooperation with other agencies authorized. - The civil air patrol division is authorized to fully cooperate...

Section 20-7-5 - Military leave. - Members of the civil air patrol shall be permitted military...

Section 20-7-6 to 20-7-23 - Repealed. - Repeals. — Laws 1987, ch. 318, § 98A repealed 20-7-6...

Article 8 - Armories

Section 20-8-1 - Creation; composition. - There is created the state armory board, a body corporate,...

Section 20-8-2 - Definitions. - A. "Armory" means any building, training area, warehouse, vehicle storage...

Section 20-8-3 - Powers and responsibilities. - The state armory board shall be empowered to: A. act...

Section 20-8-4 - Local armory boards; members. - There are created local armory boards for each local armory....

Section 20-8-5 - State armory board fund. - A. All net revenues derived from any armory rentals shall...

Section 20-8-6 - State armory board building and improvement bonds. - A. For the purpose of erecting, altering, improving, furnishing and...

Section 20-8-7 to 20-8-11 - Repealed. - Repeals. — Laws 1987, ch. 318, § 98A repealed 20-8-7...

Article 9 - Property and Funds

Section 20-9-1 - Property and fiscal officer. - In the event of a vacancy, the governor shall nominate,...

Section 20-9-2 - Accountability for money and property. - The adjutant general, with the concurrence of the governor as...

Section 20-9-3 - Unit funds. - Each unit or detachment of the national guard shall keep...

Section 20-9-4 - Recovery of property; criminal and civil liability. - Any person who retains, after written demand by the United...

Section 20-9-5 - Security for property. - The adjutant general may prescribe regulations for the obtaining of...

Section 20-9-6 to 20-9-8 - Repealed. - Repeals. — Laws 1987, ch. 318, § 98A repealed 20-9-6...

Article 10 - Awards, Medals and Ribbons

Section 20-10-1 - Awards authorized. - There are established and authorized within Chapter 20, Article 10...

Section 20-10-2 - Awards boards. - A. The adjutant general shall appoint the members of awards...

Section 20-10-3 - Awards fund. - There is established an awards fund which shall be under...

Section 20-10-4 - Order of precedence. - The rank order of precedence of awards is their order...

Section 20-10-5 - Medal of valor with palm. - The governor may award a medal of valor with palm...

Section 20-10-6 - Medal of valor. - The governor may award a medal of valor with accompanying...

Section 20-10-7 - Special MacArthur service medal. - The special MacArthur service medal has been given with appreciation...

Section 20-10-8 - Distinguished service medal. - The governor may award a distinguished service medal with accompanying...

Section 20-10-9 - Medal of merit. - The adjutant general may award a medal of merit with...

Section 20-10-9.1 - Cold war medal. - The New Mexico state defense force commander may award the...

Section 20-10-9.2 - Outstanding enlisted leader of the year ribbon. - The adjutant general may award the outstanding enlisted leader of...

Section 20-10-10 - Outstanding service medal. - The adjutant general may award an outstanding service medal with...

Section 20-10-11 - Outstanding unit citation. - The governor may award an outstanding unit citation of appropriate...

Section 20-10-12 - Recompiled. - History: 1978 Comp., § 20-10-12, enacted by Laws 1987, ch....

Section 20-10-12.1 - Emergency service ribbon. - The adjutant general shall award the emergency service ribbon to...

Section 20-10-12.2 - Counter-drug service ribbon. - The adjutant general may award the counter-drug service ribbon to...

Section 20-10-12.3 - Community service ribbon. - The adjutant general may award the community service ribbon to...

Section 20-10-12.4 - Physical fitness ribbon. - A. The adjutant general may present a physical fitness ribbon...

Section 20-10-12.5 - Service ribbon and long-service medal. - A. The adjutant general shall present a service ribbon to...

Section 20-10-13 - Good conduct medal. - The adjutant general may award a good conduct medal with...

Section 20-10-14 - Perfect attendance ribbon. - The adjutant general may present a perfect attendance ribbon to...

Section 20-10-15 - Academy service ribbon. - The adjutant general may present an academy service ribbon to...

Section 20-10-16 - Devices. - A. Except as specifically stated above, the second and subsequent...

Section 20-10-17 to 20-10-42 - Repealed. - Repeals. — Laws 1987, ch. 318, § 98A repealed 20-10-17...

Article 11 - Offenses

Section 20-11-1 - Failure to appear; penalty. - A. Any person in the unorganized militia ordered by the...

Section 20-11-2 - Hindering national guard; penalty. - The commanding officer of any part of the national guard...

Section 20-11-3 - Interference with enrolling officer; penalty. - Any person who shall wilfully obstruct an enrolling or enlisting...

Section 20-11-4 - Wrongful possession of military property; penalty. - Any person who commits the offense described in Section 20-9-4...

Section 20-11-5 - Wrongful wearing of uniform; penalty. - Any unauthorized person wearing a military uniform or facsimile thereof...

Section 20-11-5.1 - Misrepresentation of military service; penalty. - Misrepresentation of military service consists of a person misrepresenting that...

Section 20-11-6 - Employment discrimination prohibited; penalty. - Any person who wilfully violates Section 20-4-6 or Section 20-5-14...

Section 20-11-7 - Peace officers' neglect or refusal to act; penalty. - Any peace officer who neglects or refuses to obey, execute...

Section 20-11-8 to 20-11-120 - Repealed. - Repeals. — Laws 1987, ch. 318, § 98A repealed 20-11-8...

Article 12 - Code of Military Justice

Section 20-12-1 - Short title. - Chapter 20, Article 12 NMSA 1978 may be cited as...

Section 20-12-2 - Adoption of Uniform Code of Military Justice; Manual for Courts-Martial, United States, 1984; United States military regulations and directives; decisions of United States court of military appeals and courts of military review; lim... - The Uniform Code of Military Justice, Title 10, Chapter 47,...

Section 20-12-3 - Persons subject to the code; applicability of the code. - The Code of Military Justice applies to all members of...

Section 20-12-4 - Convening authorities; nonjudicial punishment authorities. - A. A general, special or summary court-martial may be convened...

Section 20-12-5 - Judge advocates. - A. The adjutant general may appoint commissioned officers of the...

Section 20-12-6 - Limitation on punishments. - A. Except when the militia is in actual service in...

Section 20-12-7 - Advice; reviews and appeals; extraordinary writs. - A. The advice of the staff judge advocate prescribed by...

Section 20-12-8 - Confinement. - In a sentence which includes confinement, the convening authority shall...

Section 20-12-9 - Reductions in grade. - In a sentence or approved nonjudicial punishment which includes a...

Section 20-12-10 - Forfeitures or fines. - In a sentence or approved nonjudicial punishment which includes forfeiture...

Section 20-12-11 - Nonjudicial punishment. - A. The rules and procedures for the imposition of nonjudicial...

Section 20-12-12 - Absence without leave; confinement during period of duty. - Any member of the national guard who fails to either...

Section 20-12-13 - Accessory after the fact. - Any person subject to Chapter 20 NMSA 1978 who, knowing...

Section 20-12-14 - Conviction of lesser included offense. - An accused may be found guilty of an offense necessarily...

Section 20-12-15 - Attempts. - A. An act, done with specific intent to commit an...

Section 20-12-16 - Conspiracy. - Any person subject to Chapter 20 NMSA 1978 who conspires...

Section 20-12-17 - Solicitation. - Any person subject to Chapter 20 NMSA 1978 who solicits...

Section 20-12-18 - Fraudulent enlistment, appointment or separation. - Any person who procures his own enlistment or appointment in...

Section 20-12-19 - Unlawful enlistment, appointment or separation. - Any person subject to Chapter 20 NMSA 1978 who effects...

Section 20-12-20 - Desertion. - A. Any member of the armed forces who: (1) without...

Section 20-12-21 - Absence without leave. - Any member of the armed forces who without authority: A....

Section 20-12-22 - Missing movement. - Any person subject to Chapter 20 NMSA 1978 who through...

Section 20-12-23 - Contempt toward officials. - Any commissioned officer who uses contemptuous words against the president...

Section 20-12-24 - Disrespect toward superior commissioned officer. - Any person subject to Chapter 20 NMSA 1978 who behaves...

Section 20-12-25 - Assaulting or willfully disobeying superior commissioned officer. - Any person subject to Chapter 20 NMSA 1978 who strikes...

Section 20-12-26 - Insubordinate conduct toward warrant officer, noncommissioned officer or petty officer. - Any warrant officer or enlisted member who: A. strikes or...

Section 20-12-27 - Failure to obey order or regulation. - Any person subject to Chapter 20 NMSA 1978 who: A....

Section 20-12-28 - Cruelty and maltreatment. - Any person subject to Chapter 20 NMSA 1978 who is...

Section 20-12-29 - Mutiny or sedition. - A. Any person subject to Chapter 20 NMSA 1978 who:...

Section 20-12-30 - Resistance, breach of arrest and escape. - Any person subject to Chapter 20 NMSA 1978 who resists...

Section 20-12-31 - Releasing prisoner without proper authority. - Any person subject to Chapter 20 NMSA 1978 who, without...

Section 20-12-32 - Unlawful detention. - Any person subject to Chapter 20 NMSA 1978 who, except...

Section 20-12-33 - Noncompliance with procedural rules. - Any person subject to Chapter 20 NMSA 1978 who is...

Section 20-12-34 - Misbehavior before the enemy. - Any person subject to Chapter 20 NMSA 1978 who before...

Section 20-12-35 - Subordinate compelling surrender. - Any person subject to Chapter 20 NMSA 1978 who compels...

Section 20-12-36 - Improper use of countersign. - Any person subject to Chapter 20 NMSA 1978 who in...

Section 20-12-37 - Forcing a safeguard. - Any person subject to Chapter 20 NMSA 1978 who forces...

Section 20-12-38 - Captured or abandoned property. - A. All persons subject to Chapter 20 NMSA 1978 shall...

Section 20-12-39 - Aiding the enemy. - Any person who aids or attempts to aid the enemy...

Section 20-12-40 - Misconduct as prisoner. - Any person subject to Chapter 20 NMSA 1978 who, while...

Section 20-12-41 - Spies. - Any person who in time of war is found lurking...

Section 20-12-42 - Espionage. - A. Any person subject to Chapter 20 NMSA 1978 who,...

Section 20-12-43 - False official statements. - Any person subject to Chapter 20 NMSA 1978 who, with...

Section 20-12-44 - Military property of the United States; loss, damage, destruction or wrongful disposition. - Any person subject to Chapter 20 NMSA 1978 who, without...

Section 20-12-45 - Property other than military property of United States; waste, spoilage or destruction. - Any person subject to Chapter 20 NMSA 1978 who willfully...

Section 20-12-46 - Improper hazarding of vessel. - A. Any person subject to Chapter 20 NMSA 1978 who...

Section 20-12-47 - Drunken or reckless driving. - Any person subject to Chapter 20 NMSA 1978 who operates...

Section 20-12-48 - Drunk on duty. - Any person subject to Chapter 20 NMSA 1978 other than...

Section 20-12-49 - Murder. - Any person subject to Chapter 20 NMSA 1978 who, without...

Section 20-12-50 - Manslaughter. - A. Any person subject to Chapter 20 NMSA 1978 who,...

Section 20-12-51 - Rape and other sex crimes. - A. Any person subject to Chapter 20 NMSA 1978 is...

Section 20-12-52 - Larceny and wrongful appropriation. - A. Any person subject to Chapter 20 NMSA 1978 who...

Section 20-12-53 - Robbery. - Any person subject to Chapter 20 NMSA 1978 who with...

Section 20-12-54 - Forgery. - Any person subject to Chapter 20 NMSA 1978 who, with...

Section 20-12-55 - Making, drawing or uttering check, draft or order without sufficient funds. - Any person subject to Chapter 20 NMSA 1978 who: A....

Section 20-12-56 - Maiming. - Any person subject to Chapter 20 NMSA 1978 who, with...

Section 20-12-57 - Repealed. - History: 1978 Comp., § 20-12-57, enacted by Laws 1989, ch....

Section 20-12-58 - Arson. - A. Any person subject to Chapter 20 NMSA 1978 who...

Section 20-12-59 - Assault. - A. Any person subject to Chapter 20 NMSA 1978 who...

Section 20-12-60 - Extortion. - Any person subject to Chapter 20 NMSA 1978 who communicates...

Section 20-12-61 - Burglary. - Any person subject to Chapter 20 NMSA 1978 who, with...

Section 20-12-62 - Housebreaking. - Any person subject to Chapter 20 NMSA 1978 who unlawfully...

Section 20-12-63 - Perjury. - Any person subject to Chapter 20 NMSA 1978 who in...

Section 20-12-64 - Frauds against the United States. - Any person subject to Chapter 20 NMSA 1978: A. who,...

Section 20-12-65 - Conduct unbecoming an officer and a gentleman. - Any commissioned officer, cadet or midshipman who is convicted of...

Section 20-12-66 - Wrongful use and possession of controlled substances. - A. Any person subject to Chapter 20 NMSA 1978 who...

Section 20-12-67 - Misbehavior of sentinel. - Any sentinel or look-out who is found drunk or sleeping...

Section 20-12-68 - Repealed. - History: 1978 Comp., § 20-12-68, enacted by Laws 1989, ch....

Section 20-12-69 - Malingering. - Any person subject to Chapter 20 NMSA 1978 who for...

Section 20-12-70 - Riot or breach of peace. - Any person subject to Chapter 20 NMSA 1978 who causes...

Section 20-12-71 - Provoking speeches or gestures. - Any person subject to Chapter 20 NMSA 1978 who uses...

Section 20-12-72 - Principals. - Any person subject to Chapter 20 NMSA 1978 who: A....

Section 20-12-73 - General article. - Though not specifically mentioned in Chapter 20 NMSA 1978, all...

Section 20-12-74 - Prohibited activities with military recruit or trainee by person in position of special trust; consent not a defense. - A. Any person subject to Chapter 20 NMSA 1978 shall...

Section 20-12-75 - Wearing unauthorized insignia, decoration, badge, ribbon, device or lapel button. - A. Any person subject to Chapter 20 NMSA 1978 shall...

Article 13 - Senior Master Sergeant Jessey Baca Military Airborne Hazards and Open Burn Pit Registry

Section 20-13-1 - Short title. - This act may be cited as the "Senior Master Sergeant...

Section 20-13-2 - Military airborne hazards and open burn pit registry; creation; duties. - For the purposes of outreach, education and advocacy for New...

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2021 New Mexico Statutes Chapter 20 - Military Affairs

2021 New Mexico Statutes
Chapter 20 - Military Affairs