If a convict sentenced to the penitentiary resist the authority of any officer, or refuse to obey his lawful commands, it shall be the duty of such officer immediately to enforce obedience by the use of such weapons or other aid as may be effectual, and if in so doing, any convict thus resisting be wounded or killed by any such officer or his assistant, or any guard or other employe [employee], they shall be justified and shall be held guiltless; but such officer, assistant, guard or other employe [employee] shall not be excusable for using greater force than the emergency of the case demands.
History: Laws 1889, ch. 76, § 14; C.L. 1897, § 3503; Code 1915, § 5064; C.S. 1929, § 130-147; 1941 Comp., § 45-151; 1953 Comp., § 42-1-51.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For peace officer powers of guards, see 33-1-10 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 60 Am. Jur. 2d Penal and Correctional Institutions §§ 174, 175, 177 to 179, 181 to 188, 190, 191, 195 to 207, 209, 210.
72 C.J.S. Prisons and Rights of Prisoners § 128.
Structure New Mexico Statutes
Chapter 33 - Correctional Institutions
Article 2 - State Correctional Facilities
Section 33-2-1 - Adoption of rules.
Section 33-2-3 - [Previous matters unimpaired.]
Section 33-2-4 - [Transfer of title to new corporation.]
Section 33-2-5 - Disposition of unneeded property.
Section 33-2-6 - Improvements in penitentiary; labor by convicts.
Section 33-2-7 - Penitentiary; conflict of interest[; penalties].
Section 33-2-8 - [Accepting compensation from contractor; aiding escape of prisoner; penalties.]
Section 33-2-9 - Corrections department; contracts; gifts; penalties.
Section 33-2-10 - Penitentiary; rules and regulations.
Section 33-2-11 - Corrections department powers; complaints.
Section 33-2-12.1 - Corrections; family visits.
Section 33-2-14 - Penitentiary; fire.
Section 33-2-15 - Penitentiary; duties.
Section 33-2-17 - Id.; accounts; paying over funds.
Section 33-2-18 - Id.; collection and disbursement of funds.
Section 33-2-19 - What convicts to be confined.
Section 33-2-20 to 33-2-25 - Repealed.
Section 33-2-26 - Payment of prisoners for services.
Section 33-2-29 - Penitentiary; disease.
Section 33-2-30 - [Enforcing commands to prisoners; when wounding or killing justified.]
Section 33-2-31 - [Suppressing disorder; escape and arrest; when wounding or killing justified.]
Section 33-2-32 - Penitentiary; record of misconduct.
Section 33-2-34 - Eligibility for earned meritorious deductions.
Section 33-2-36 - Forfeiture of earned meritorious deductions.
Section 33-2-37 - Restoration of forfeited meritorious deductions.
Section 33-2-38 - Computation of term.
Section 33-2-39 - [Separate sentences construed as cumulative.]
Section 33-2-43 - Penitentiary inmate-release program; establishment.
Section 33-2-44 - Inmate-release program; standards for participation.
Section 33-2-45 - Inmate-release program; visitation privileges.
Section 33-2-46 - Inmate-release program; escape.
Section 33-2-47 - Inmate-release program; conditions of employment.
Section 33-2-49 - Applicability [of Laws 1988, Chapter 78].
Section 33-2-51 - Discharge; opioid use disorder; opioid overdose education; naloxone.