A. Except for violations of Section 24-14-18 NMSA 1978, any person is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978, who willfully and knowingly:
(1) makes any false statement or supplies any false information in a report, record or certificate required to be filed;
(2) with the intent to deceive, alters, amends, counterfeits, copies or mutilates any report, record or certificate, application or supporting documentation;
(3) uses or attempts to use or furnishes to another for use for any purpose of deception any certificate, record, report or certified copy that has been altered, amended or mutilated or that contains false information in whole or in part, or that is related to the birth or death of another person, whether living or dead; or
(4) neglects or violates any of the provisions of the Vital Statistics Act [Chapter 24, Article 14 NMSA 1978] or refuses to perform any of the duties imposed upon the person by that act.
B. Any person who willfully and knowingly permits inspection of or discloses information contained in vital statistics records of adoptions or induced abortions or copies or issues a copy of all or part of any record of an adoption or induced abortion, except as authorized by law, is guilty of a fourth degree felony and shall be sentenced in accordance with the provisions of the Criminal Sentencing Act [Chapter 31, Article 18 NMSA 1978].
History: 1953 Comp., § 12-4-51, enacted by Laws 1961, ch. 44, § 29; 1977, ch. 206, § 4; 1981, ch. 309, § 25; 1993, ch. 247, § 1; 2017, ch. 87, § 30.
Cross references. — For disclosure of information or records, see 24-14-27 NMSA 1978.
The 2017 amendment, effective June, 16, 2017, clarified certain violations of the Vital Statistics Act; in Subsection A, Paragraph A(2), after "amends", added "counterfeits, copies", after "certificate", added "application or supporting documentation", in Paragraph A(3), after "contains false information", added "in whole or in part, or that is related to the birth or death of another person, whether living or dead", and in Paragraph A(4), after "imposed upon", deleted "him" and added "the person".
The 1993 amendment, effective July 1, 1993, in Subsection A, rewrote the introductory language, made stylistic changes in Paragraph (3), and substituted "fails to perform" for "neglects" in Paragraph (4).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 66 Am. Jur. 2d Records and Recording Laws §§ 10, 11.
76 C.J.S. Records § 57 et seq.
Structure New Mexico Statutes
Chapter 24 - Health and Safety
Section 24-14-1 - Short title.
Section 24-14-2 - Definitions.
Section 24-14-3 - Vital records and health statistics bureau; state system.
Section 24-14-4 - State registrar; appointment.
Section 24-14-5 - Duties of state registrar.
Section 24-14-7 - Appointment and removal of local registrars.
Section 24-14-8 - Duties of local registrar.
Section 24-14-9 to 24-14-11 - Repealed.
Section 24-14-12 - Form and contents of certificates and reports.
Section 24-14-13 - Birth registration.
Section 24-14-14 - Unknown parentage; foundling registration.
Section 24-14-15 - Delayed registration of births.
Section 24-14-16 - Judicial procedure to establish facts of birth.
Section 24-14-18 - Report of induced abortions.
Section 24-14-19 - Adoption of foreign-born; certificate of birth.
Section 24-14-20 - Death registration.
Section 24-14-21 - Delayed registration of death.
Section 24-14-22 - Reports of spontaneous fetal death.
Section 24-14-22.1 - Certificates of still birth.
Section 24-14-23 - Permits; authorization for final disposition.
Section 24-14-24 - Extension of time.
Section 24-14-25 - Correction and amendment of vital records.
Section 24-14-26 - Reproduction of records.
Section 24-14-27 - Disclosure of records.
Section 24-14-28 - Copies or data from the system of vital statistics.
Section 24-14-29 - Fees for copies and searches.
Section 24-14-29.1 - Day-care fund created; use; appropriation.