Jury tampering consists of:
A. the willful placing of names in a jury wheel or removal of the names other than in accordance with law;
B. the selection or drawing of jurors other than in accordance with law;
C. the attempt to threaten, coerce or induce a trial juror to vote for a false verdict or a grand juror to vote for no indictment or for a false indictment; or
D. the threatening, coercing or inducing of a trial juror to vote for a false verdict or a grand juror to vote for no indictment or for a false indictment.
Whoever violates the provisions of Subsection A or B of this section is guilty of a petty misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978. Whoever violates the provisions of Subsection C of this section is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. Whoever violates the provisions of Subsection D of this section is guilty of a second degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
History: 1953 Comp., § 19-1-5, enacted by Laws 1969, ch. 222, § 5; 1989, ch. 343, § 1; 1997, ch. 208, § 2.
Cross references. — For punishment for petty misdemeanors, see 31-19-1 NMSA 1978.
The 1997 amendment, effective July 1, 1997, in the last paragraph, substituted "third degree felony" for "fourth degree felony" near the end of the second sentence, substituted "second degree felony" for "third degree felony" near the end of the third sentence, and added "and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978" to the end of the second and third sentences.
The 1989 amendment, effective June 16, 1989, in the catchline, substituted "penalties" for "misdemeanor"; in Subsection A, substituted "removal of the names" for "removal therefrom"; substituted present Subsection C for the former subsection which read "the threatening, coercing or inducing a trial juror to vote for a false verdict or a grand juror to vote for a false indictment or the attempt thereto"; added Subsection D; and substituted the present concluding paragraph for the former concluding paragraph which read "Whoever commits jury tampering is guilty of a petty misdemeanor".
Structure 2021 New Mexico Statutes
Article 5 - Drawing and Empaneling Jurors
Section 38-5-1 - Qualification of jurors.
Section 38-5-2 - Exemption from jury service; excusals; service of disqualified juror.
Section 38-5-3 - Source for juror selection.
Section 38-5-5 - Jury tampering; penalties.
Section 38-5-5.1 - Legislative declaration.
Section 38-5-6 to 38-5-9 - Repealed.
Section 38-5-10 - Summoning of jurors; claiming exemption.
Section 38-5-10.1 - Postponement of petit jury service.
Section 38-5-11 - Qualifying jury panels.
Section 38-5-12 - Petit jury panels; number to be qualified; period of service; time for summoning.
Section 38-5-13 - Drawing and qualifying trial jury.
Section 38-5-14 - Exercising challenges to jurors.
Section 38-5-15 - Mileage and compensation for jurors.
Section 38-5-16 - Challenge to jury array.
Section 38-5-17 - [Verdict by ten or more jurors; polling jury.]
Section 38-5-18 - Employer prohibited from penalizing employee for jury service.