A. Any person who knowingly appropriates cultural property located on state land without a permit is guilty of larceny.
B. Any person who solicits, employs or counsels another person to appropriate cultural property located on state land without a permit is guilty of larceny.
C. Any person who receives, traffics in or sells cultural property appropriated from state land without a valid permit is guilty of larceny.
D. Whoever commits larceny pursuant to the provisions of this section and the value of the property appropriated is:
(1) less than one hundred dollars ($100) is guilty of a petty misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978;
(2) over one hundred dollars ($100) but less than two hundred fifty dollars ($250) is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978;
(3) two hundred dollars ($200) or more but less than two thousand five hundred ($2,500) is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978;
(4) two thousand five hundred dollars ($2,500) or more but less than twenty thousand dollars ($20,000) is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; or
(5) more than twenty thousand dollars ($20,000) is guilty of a second degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
History: 1978 Comp., § 18-6-9.1, enacted by Laws 1993, ch. 176, § 9.
Recompilations. — Laws 1993, ch. 176, § 12, recompiles former 18-6-9.1 NMSA 1978, as enacted by Laws 1986, ch. 10, § 5, relating to the review of proposed state undertakings, as 18-6-8.1 NMSA 1978, effective June 18, 1993.
Structure New Mexico Statutes
Chapter 18 - Libraries, Museums and Cultural Properties
Article 6 - Cultural Properties
Section 18-6-2 - Purpose of act.
Section 18-6-4 - Committee created; membership; compensation; voting; term; chairman; meetings.
Section 18-6-5 - Committee; powers and duties.
Section 18-6-8 - State historic preservation officer; appointment; qualifications; duties.
Section 18-6-8.1 - Review of proposed state undertakings.
Section 18-6-9.1 - Cultural property; unauthorized appropriation; larceny.
Section 18-6-9.2 - Cultural property; unauthorized damage or appropriation; civil penalties.
Section 18-6-9.3 - Cultural property; forfeiture of instruments.
Section 18-6-10 - Cultural properties on private land.
Section 18-6-11 - Permit required for excavation of archaeological sites; penalty.
Section 18-6-11.1 - Confidentiality of site location.
Section 18-6-11.2 - Permit required for excavation of unmarked burials; penalty.
Section 18-6-12 - Emergency classification pending investigation.
Section 18-6-14 - State historian.
Section 18-6-15 - State archaeologist.
Section 18-6-16 - Preparation and sale of cultural properties publications; revolving fund; report.
Section 18-6-18 - Short title.
Section 18-6-20 - Definitions.
Section 18-6-21 - Fund created; administration.
Section 18-6-22 - Loan program; duties of division and committee.
Section 18-6-23 - Loans; criteria.
Section 18-6-24 - Short title.
Section 18-6-25 - Definitions.