Refusing to aid an officer consists of refusing to assist any peace officer in the preservation of the peace when called upon by such officer in the name of the United States or the state of New Mexico.
Whoever commits refusing to aid an officer is guilty of a petty misdemeanor.
History: 1953 Comp., § 40A-22-2, enacted by Laws 1963, ch. 303, § 22-2.
Cross references. — For provisions authorizing officer to call on others for aid in execution of process, and setting penalty for refusal to provide such aid when called upon, see 29-1-7, 29-1-8 NMSA 1978.
Refusing assistance to sheriff. — A sheriff or his legally constituted deputy could call on any citizen or citizens to assist him in the execution of his office, and any person who refused such assistance without sufficient excuse was subject to penalty. Territory v. Taylor, 1903-NMSC-003, 11 N.M. 588, 71 P. 489.
Grounds for summoning posse. — The grounds for summoning the posse comitatus were found in the common law and statutes which were largely declaratory thereof and the court did not have authority to invest the sheriff with further grounds. Eaton v. Bernalillo Cnty., 1942-NMSC-040, 46 N.M. 318, 128 P.2d 738.
Structure New Mexico Statutes
Chapter 30 - Criminal Offenses
Article 22 - Interference with Law Enforcement
Section 30-22-1 - Resisting, evading or obstructing an officer.
Section 30-22-1.1 - Aggravated fleeing a law enforcement officer.
Section 30-22-2 - Refusing to aid an officer.
Section 30-22-2.1 - Entry into domestic violence safe house or shelter; search warrant.
Section 30-22-3 - Concealing identity.
Section 30-22-4 - Harboring or aiding a felon.
Section 30-22-5 - Tampering with evidence.
Section 30-22-6 - Compounding a crime.
Section 30-22-7 - Unlawful rescue.
Section 30-22-8 - Escape from jail.
Section 30-22-8.1 - Escape from a community custody release program.
Section 30-22-8.2 - Escape from a secure residential treatment facility.
Section 30-22-9 - Escape from penitentiary.
Section 30-22-10 - Escape from custody of a peace officer.
Section 30-22-11 - Assisting escape.
Section 30-22-12 - Furnished [Furnishing] articles for prisoner's escape.
Section 30-22-13 - Furnishing drugs or liquor to a prisoner.
Section 30-22-14 - Bringing contraband into places of imprisonment; penalties; definitions.
Section 30-22-15 - Maintaining male and female prisoners together.
Section 30-22-16 - Possession of deadly weapon or explosive by prisoner.
Section 30-22-17 - Assault by prisoner.
Section 30-22-18 - Encouraging violation of probation, parole or bail.
Section 30-22-19 - Unlawful assault on any jail.
Section 30-22-20 - Unlawful distribution of convict-made goods.
Section 30-22-21 - Assault upon peace officer.
Section 30-22-22 - Aggravated assault upon peace officer.
Section 30-22-23 - Assault with intent to commit violent felony upon peace officer.
Section 30-22-24 - Battery upon peace officer.
Section 30-22-25 - Aggravated battery upon peace officer.