A. Any person who knowingly excavates, injures or destroys cultural property located on state land without a permit is guilty of criminal damage to property.
B. Any person who solicits, employs or counsels another person to excavate, injure or destroy cultural property located on state land without a permit is guilty of criminal damage to property.
C. Whoever commits criminal damage to property pursuant to the provisions of this section and the value of the property excavated, injured or destroyed is:
(1) less than one thousand dollars ($1,000) is guilty of a petty misdemeanor and shall be sentenced according to the provisions of Section 31-19-1 NMSA 1978; or
(2) one thousand dollars ($1,000) or more is guilty of a fourth degree felony and shall be sentenced according to the provisions of Section 31-18-15 NMSA 1978.
History: 1978 Comp., § 18-6-9, enacted by Laws 1993, ch. 176, § 8.
Repeals and reenactments. — Laws 1993, ch. 176, § 8 repealed former 18-6-9 NMSA 1978, as amended by Laws 1977, ch. 246, § 39 and enacted a new section, effective June 18, 1993.
Law reviews. — For note, "Cultural Properties Act — Turley v. State and the New Mexico Cultural Properties Act: A Matter of Interpretation", see 13 N.M.L. Rev. 737 (1983).
Structure 2021 New Mexico Statutes
Chapter 18 - Libraries, Museums and Cultural Properties
Article 6 - Cultural Properties
Section 18-6-2 - Purpose of act.
Section 18-6-4 - Committee created; membership; compensation; voting; term; chairman; meetings.
Section 18-6-5 - Committee; powers and duties.
Section 18-6-8 - State historic preservation officer; appointment; qualifications; duties.
Section 18-6-8.1 - Review of proposed state undertakings.
Section 18-6-9.1 - Cultural property; unauthorized appropriation; larceny.
Section 18-6-9.2 - Cultural property; unauthorized damage or appropriation; civil penalties.
Section 18-6-9.3 - Cultural property; forfeiture of instruments.
Section 18-6-10 - Cultural properties on private land.
Section 18-6-11 - Permit required for excavation of archaeological sites; penalty.
Section 18-6-11.1 - Confidentiality of site location.
Section 18-6-11.2 - Permit required for excavation of unmarked burials; penalty.
Section 18-6-12 - Emergency classification pending investigation.
Section 18-6-14 - State historian.
Section 18-6-15 - State archaeologist.
Section 18-6-16 - Preparation and sale of cultural properties publications; revolving fund; report.
Section 18-6-18 - Short title.
Section 18-6-20 - Definitions.
Section 18-6-21 - Fund created; administration.
Section 18-6-22 - Loan program; duties of division and committee.
Section 18-6-23 - Loans; criteria.
Section 18-6-24 - Short title.
Section 18-6-25 - Definitions.