Furnishing articles for prisoner's escape consists of:
A. intentionally giving to any person in lawful custody or confinement any deadly weapon or explosive substance, without the express consent of the officer in charge of such place of confinement; or
B. intentionally giving to any person in lawful custody or confinement any disguise, instrument, tool or other thing useful to aid any prisoner to effect an escape, with intent to assist a prisoner to escape from custody.
Whoever commits furnishing articles for prisoner's escape is guilty of a second degree felony.
History: 1953 Comp., § 40A-22-12, enacted by Laws 1963, ch. 303, § 22-12.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For definition of deadly weapon, see 30-1-12 NMSA 1978.
Merger of this section and assisting escape. — The charges of assisting escape and furnishing articles for escape should not be merged for sentencing purposes when the facts supporting the convictions are not identical in that the jury could properly have found that the defendant's participation in the escape extended significantly beyond furnishing tangible objects to effect the escape. State v. Gibson, 1992-NMCA-017, 113 N.M. 547, 828 P.2d 980, cert. denied, 113 N.M. 524, 828 P.2d 957.
Evidence sufficient to support conviction. — There was sufficient evidence to convict where (1) defendant planned the escape with others; (2) defendant agreed to provide a gun for the escape and said that he had obtained the gun; (3) a co-defendant delivered the gun to the escapees; and (4) after the escape defendant provided bullets for the gun. State v. Gibson, 1992-NMCA-017, 113 N.M. 547, 828 P.2d 980, cert. denied, 113 N.M. 524, 828 P.2d 957.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Nature and elements of offense of conveying contraband to state prisoner, 64 A.L.R.4th 902.
Structure 2021 New Mexico Statutes
Chapter 30 - Criminal Offenses
Article 22 - Interference with Law Enforcement
Section 30-22-1 - Resisting, evading or obstructing an officer.
Section 30-22-1.1 - Aggravated fleeing a law enforcement officer.
Section 30-22-2 - Refusing to aid an officer.
Section 30-22-2.1 - Entry into domestic violence safe house or shelter; search warrant.
Section 30-22-3 - Concealing identity.
Section 30-22-4 - Harboring or aiding a felon.
Section 30-22-5 - Tampering with evidence.
Section 30-22-6 - Compounding a crime.
Section 30-22-7 - Unlawful rescue.
Section 30-22-8 - Escape from jail.
Section 30-22-8.1 - Escape from a community custody release program.
Section 30-22-8.2 - Escape from a secure residential treatment facility.
Section 30-22-9 - Escape from penitentiary.
Section 30-22-10 - Escape from custody of a peace officer.
Section 30-22-11 - Assisting escape.
Section 30-22-12 - Furnished [Furnishing] articles for prisoner's escape.
Section 30-22-13 - Furnishing drugs or liquor to a prisoner.
Section 30-22-14 - Bringing contraband into places of imprisonment; penalties; definitions.
Section 30-22-15 - Maintaining male and female prisoners together.
Section 30-22-16 - Possession of deadly weapon or explosive by prisoner.
Section 30-22-17 - Assault by prisoner.
Section 30-22-18 - Encouraging violation of probation, parole or bail.
Section 30-22-19 - Unlawful assault on any jail.
Section 30-22-20 - Unlawful distribution of convict-made goods.
Section 30-22-21 - Assault upon peace officer.
Section 30-22-22 - Aggravated assault upon peace officer.
Section 30-22-23 - Assault with intent to commit violent felony upon peace officer.
Section 30-22-24 - Battery upon peace officer.
Section 30-22-25 - Aggravated battery upon peace officer.