2021 New Mexico Statutes
Article 12 - Code of Military Justice
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, unit, place or military property;
D. casts away his arms or ammunition;
E. is guilty of cowardly conduct;
F. quits his place of duty to plunder or pillage;
G. causes false alarms in any command, unit or place under control of the armed forces;
H. willfully fails to do his utmost to encounter, engage, capture or destroy any enemy troops, combatants, vessels, aircraft or any other thing, which it is his duty so to encounter, engage, capture or destroy; or
I. does not afford all practicable relief and assistance to any troops, combatants, vessels or aircraft of the armed forces belonging to the United States or their allies when engaged in battle;
shall be punished by death or other punishment as a court-martial may direct.
History: 1978 Comp., § 20-12-34, enacted by Laws 1989, ch. 337, § 33.
Effective dates. — Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.

Structure 2021 New Mexico Statutes

2021 New Mexico Statutes

Chapter 20 - Military Affairs

Article 12 - Code of Military Justice

Section 20-12-1 - Short title.

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...

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

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

Section 20-12-5 - Judge advocates.

Section 20-12-6 - Limitation on punishments.

Section 20-12-7 - Advice; reviews and appeals; extraordinary writs.

Section 20-12-8 - Confinement.

Section 20-12-9 - Reductions in grade.

Section 20-12-10 - Forfeitures or fines.

Section 20-12-11 - Nonjudicial punishment.

Section 20-12-12 - Absence without leave; confinement during period of duty.

Section 20-12-13 - Accessory after the fact.

Section 20-12-14 - Conviction of lesser included offense.

Section 20-12-15 - Attempts.

Section 20-12-16 - Conspiracy.

Section 20-12-17 - Solicitation.

Section 20-12-18 - Fraudulent enlistment, appointment or separation.

Section 20-12-19 - Unlawful enlistment, appointment or separation.

Section 20-12-20 - Desertion.

Section 20-12-21 - Absence without leave.

Section 20-12-22 - Missing movement.

Section 20-12-23 - Contempt toward officials.

Section 20-12-24 - Disrespect toward superior commissioned officer.

Section 20-12-25 - Assaulting or willfully disobeying superior commissioned officer.

Section 20-12-26 - Insubordinate conduct toward warrant officer, noncommissioned officer or petty officer.

Section 20-12-27 - Failure to obey order or regulation.

Section 20-12-28 - Cruelty and maltreatment.

Section 20-12-29 - Mutiny or sedition.

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

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

Section 20-12-32 - Unlawful detention.

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

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

Section 20-12-35 - Subordinate compelling surrender.

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

Section 20-12-37 - Forcing a safeguard.

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

Section 20-12-39 - Aiding the enemy.

Section 20-12-40 - Misconduct as prisoner.

Section 20-12-41 - Spies.

Section 20-12-42 - Espionage.

Section 20-12-43 - False official statements.

Section 20-12-44 - Military property of the United States; loss, damage, destruction or wrongful disposition.

Section 20-12-45 - Property other than military property of United States; waste, spoilage or destruction.

Section 20-12-46 - Improper hazarding of vessel.

Section 20-12-47 - Drunken or reckless driving.

Section 20-12-48 - Drunk on duty.

Section 20-12-49 - Murder.

Section 20-12-50 - Manslaughter.

Section 20-12-51 - Rape and other sex crimes.

Section 20-12-52 - Larceny and wrongful appropriation.

Section 20-12-53 - Robbery.

Section 20-12-54 - Forgery.

Section 20-12-55 - Making, drawing or uttering check, draft or order without sufficient funds.

Section 20-12-56 - Maiming.

Section 20-12-57 - Repealed.

Section 20-12-58 - Arson.

Section 20-12-59 - Assault.

Section 20-12-60 - Extortion.

Section 20-12-61 - Burglary.

Section 20-12-62 - Housebreaking.

Section 20-12-63 - Perjury.

Section 20-12-64 - Frauds against the United States.

Section 20-12-65 - Conduct unbecoming an officer and a gentleman.

Section 20-12-66 - Wrongful use and possession of controlled substances.

Section 20-12-67 - Misbehavior of sentinel.

Section 20-12-68 - Repealed.

Section 20-12-69 - Malingering.

Section 20-12-70 - Riot or breach of peace.

Section 20-12-71 - Provoking speeches or gestures.

Section 20-12-72 - Principals.

Section 20-12-73 - General article.

Section 20-12-74 - Prohibited activities with military recruit or trainee by person in position of special trust; consent not a defense.

Section 20-12-75 - Wearing unauthorized insignia, decoration, badge, ribbon, device or lapel button.