A. Any person subject to Chapter 20 NMSA 1978 shall be punished as a court-martial may direct if the person:
(1) is not authorized to wear an insignia, decoration, badge, ribbon, device or lapel button; and
(2) wrongfully wears such insignia, decoration, badge, ribbon, device or lapel button upon the person's uniform or civilian clothing.
B. The maximum punishment of prosecution pursuant to this section shall be:
(1) for the wrongful wearing of the medal of honor, distinguished service cross, navy cross, air force cross, silver star, purple heart or a valor device on any personal award, a dishonorable discharge, forfeiture of all pay and allowances received on or after the effective date of the sentence and confinement for less than one year; or
(2) for all other violations of this section, a bad conduct discharge, forfeiture of all pay and allowances and confinement for no more than six months.
C. As used in this section, "wrongful" means that the conduct is done without legal justification or excuse. Actual knowledge that the person was or is not authorized to wear the item in question is required. Knowledge may be proved by circumstantial evidence.
History: Laws 2021, ch. 55, § 11.
Effective dates. — Laws 2021, ch. 55 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
Structure New Mexico Statutes
Article 12 - Code of Military Justice
Section 20-12-1 - Short title.
Section 20-12-3 - Persons subject to the code; applicability of the code.
Section 20-12-4 - Convening authorities; nonjudicial punishment authorities.
Section 20-12-5 - Judge advocates.
Section 20-12-6 - Limitation on punishments.
Section 20-12-7 - Advice; reviews and appeals; extraordinary writs.
Section 20-12-8 - Confinement.
Section 20-12-9 - Reductions in grade.
Section 20-12-10 - Forfeitures or fines.
Section 20-12-11 - Nonjudicial punishment.
Section 20-12-12 - Absence without leave; confinement during period of duty.
Section 20-12-13 - Accessory after the fact.
Section 20-12-14 - Conviction of lesser included offense.
Section 20-12-16 - Conspiracy.
Section 20-12-17 - Solicitation.
Section 20-12-18 - Fraudulent enlistment, appointment or separation.
Section 20-12-19 - Unlawful enlistment, appointment or separation.
Section 20-12-21 - Absence without leave.
Section 20-12-22 - Missing movement.
Section 20-12-23 - Contempt toward officials.
Section 20-12-24 - Disrespect toward superior commissioned officer.
Section 20-12-25 - Assaulting or willfully disobeying superior commissioned officer.
Section 20-12-27 - Failure to obey order or regulation.
Section 20-12-28 - Cruelty and maltreatment.
Section 20-12-29 - Mutiny or sedition.
Section 20-12-30 - Resistance, breach of arrest and escape.
Section 20-12-31 - Releasing prisoner without proper authority.
Section 20-12-32 - Unlawful detention.
Section 20-12-33 - Noncompliance with procedural rules.
Section 20-12-34 - Misbehavior before the enemy.
Section 20-12-35 - Subordinate compelling surrender.
Section 20-12-36 - Improper use of countersign.
Section 20-12-37 - Forcing a safeguard.
Section 20-12-38 - Captured or abandoned property.
Section 20-12-39 - Aiding the enemy.
Section 20-12-40 - Misconduct as prisoner.
Section 20-12-43 - False official statements.
Section 20-12-46 - Improper hazarding of vessel.
Section 20-12-47 - Drunken or reckless driving.
Section 20-12-48 - Drunk on duty.
Section 20-12-50 - Manslaughter.
Section 20-12-51 - Rape and other sex crimes.
Section 20-12-52 - Larceny and wrongful appropriation.
Section 20-12-55 - Making, drawing or uttering check, draft or order without sufficient funds.
Section 20-12-62 - Housebreaking.
Section 20-12-64 - Frauds against the United States.
Section 20-12-65 - Conduct unbecoming an officer and a gentleman.
Section 20-12-66 - Wrongful use and possession of controlled substances.
Section 20-12-67 - Misbehavior of sentinel.
Section 20-12-69 - Malingering.
Section 20-12-70 - Riot or breach of peace.
Section 20-12-71 - Provoking speeches or gestures.
Section 20-12-72 - Principals.
Section 20-12-73 - General article.
Section 20-12-75 - Wearing unauthorized insignia, decoration, badge, ribbon, device or lapel button.