Disturbing lawful assembly consists of:
A. disturbing any religious society or any member thereof when assembled or collected together in public worship; or
B. disturbing any meeting of the people assembled for any legal object.
Whoever commits disturbing lawful assembly is guilty of a petty misdemeanor.
History: 1953 Comp., § 40A-13-1, enacted by Laws 1963, ch. 303, § 13-1.
Due process. — The language of Subsection B of this section conveys a sufficiently definite warning of the conduct proscribed and is therefore not void for vagueness. State v. Orzen, 1972-NMCA-006, 83 N.M. 458, 493 P.2d 768.
Intent of legislature. — Contention that legislature did not intend this section to apply to conduct formerly covered by 40-12-7, 1953 Comp., was incorrect. State v. Orzen, 1972-NMCA-006, 83 N.M. 458, 493 P.2d 768.
Meaning of "disturbing". — Since the statutory word "disturbing" is not defined, its ordinary meaning was properly applied by the trial court in instruction that term "disturb" meant "to throw into disorder or confusion, to interrupt." State v. Orzen, 1972-NMCA-006, 83 N.M. 458, 493 P.2d 768.
Meaning of "meeting". — Subsection B of this section forbids the disturbance of any meeting of the people assembled for any legal object, that is, any gathering for business, social or other purposes if the object of the gathering is legal. State v. Orzen, 1972-NMCA-006, 83 N.M. 458, 493 P.2d 768.
Basketball game spectators as "meeting". — The people assembled to view a basketball game constituted a "meeting" within meaning of this section. State v. Orzen, 1972-NMCA-006, 83 N.M. 458, 493 P.2d 768.
Basketball game players as "meeting". — Players in basketball game were a meeting of people assembled for a lawful object. State v. Orzen, 1972-NMCA-006, 83 N.M. 458, 493 P.2d 768.
Evidence sufficient. — Evidence that basketball game was delayed 35 to 40 minutes by necessity of removing debris and liquids from playing surface was substantial evidence that meeting of the players and meeting of the spectators to view the game were interrupted. State v. Orzen, 1972-NMCA-006, 83 N.M. 458, 493 P.2d 768.
Evidence that the defendants threw objects when others also threw them, and also evidence from which community of intent could be reasonably inferred, was sufficient for the issue of aiding and abetting those who threw far enough so that objects landed on the playing surface of the courts to be submitted to the jury. State v. Orzen, 1972-NMCA-006, 83 N.M. 458, 493 P.2d 768.
Aiding and abetting. — Although charged with disturbing meeting under this section, defendants could be convicted of aiding and abetting that disturbance. State v. Orzen, 1972-NMCA-006, 83 N.M. 458, 493 P.2d 768.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 24 Am. Jur. 2d Disturbing Meetings §§ 1 to 11.
Conduct amounting to offense of disturbing religious meeting, 12 A.L.R. 650.
Prohibition or limitation on display of signs by employees as unfair labor practices, 86 A.L.R. Fed. 321.
27 C.J.S. Disturbance of Public Meetings § 1.