Unlawful rescue consists of intentionally, and without lawful authority, rescuing any person lawfully in custody or confinement.
Whoever commits unlawful rescue of a person charged with or convicted of a crime not constituting a capital felony, or who is charged with but not convicted of a capital felony, is guilty of a third degree felony.
Whoever commits unlawful rescue of an individual convicted of a capital felony is guilty of a first degree felony.
History: 1953 Comp., § 40A-22-7, enacted by Laws 1963, ch. 303, § 22-7.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 27 Am. Jur. 2d Escape, Prison Breaking, and Rescue § 5.
30A C.J.S. Escape and Related Offenses; Rescue § 28 et seq.
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.