Unless specified otherwise in the Governmental Conduct Act, any person who knowingly and willfully violates any of the provisions of that act is guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than one year or both. Nothing in the Governmental Conduct Act shall preclude criminal prosecution for bribery or other provisions of law set forth in the constitution of New Mexico or by statute.
History: Laws 1993, ch. 46, § 37.
Legislative intent for willful and knowing violations. — The plain meaning of § 10-16-3 NMSA 1978 and § 10-16-17 NMSA 1978 indicates a legislative intent to provide for a misdemeanor penalty for a knowing and willful violation of the provisions of §§ 10-16-3(A) through § 10-16-3(C) NMSA 1978. State v. Gutierrez, 2020-NMCA-045, cert. granted.
In four separate cases, consolidated for appeal, where each case arose from an allegation of misconduct by a government official, and where the district court in each case dismissed the charges against the defendants, finding that violations of §§ 10-16-3(A) through § 10-16-3(C) NMSA 1978 were not crimes but ethical considerations and therefore the indictments failed to allege the commission of a criminal offense, or that even if Subsections A through C provided for criminal offenses, they were nevertheless void for vagueness, the district courts' dismissals of the counts charging defendants under Subsection A were improper because the plain meaning of § 10-16-3 NMSA 1978 and § 10-16-17 NMSA 1978 indicates a legislative intent to provide for a misdemeanor penalty for a knowing and willful violation of Subsection A, but the dismissals of the counts charging defendants under Subsections B through C were proper because those subsections fail to provide persons of ordinary intelligence a fair opportunity to determine whether their conduct is prohibited. State v. Gutierrez, 2020-NMCA-045, cert. granted.
Structure New Mexico Statutes
Chapter 10 - Public Officers and Employees
Article 16 - Governmental Conduct
Section 10-16-1 - Short title.
Section 10-16-2 - Definitions.
Section 10-16-3 - Ethical principles of public service; certain official acts prohibited; penalty.
Section 10-16-3.1 - Prohibited political activities.
Section 10-16-4.1 - Honoraria prohibited.
Section 10-16-4.2 - Disclosure of outside employment.
Section 10-16-4.3 - Prohibited employment.
Section 10-16-6 - Confidential information.
Section 10-16-7 - Contracts involving public officers or employees.
Section 10-16-9 - Contracts involving legislators; representation before state agencies.
Section 10-16-11 - Codes of conduct.
Section 10-16-11.1 - State agency or local government agency authority.
Section 10-16-13 - Prohibited bidding.
Section 10-16-13.1 - Education and voluntary compliance.
Section 10-16-13.3 - Prohibited contributions; financial service contractors.
Section 10-16-14 - Enforcement procedures.
Section 10-16-16 - Recompiled.