A. For failure to perform the county clerk's responsibilities and duties pursuant to Chapter 40, Article 1 NMSA 1978, a county clerk is responsible on the county clerk's official bond for damages suffered by the injured party.
B. A person who performs the marriage ceremony or certifies a marriage to the county clerk, who neglects or fails to comply with the provisions of Chapter 40, Article 1 NMSA 1978 and any person who willfully violates the law by deceiving or attempting to deceive or mislead any officer or person in order to obtain a marriage license or to be married contrary to law is upon conviction guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.
History: Laws 1905, ch. 65, § 9; Code 1915, § 3443; C.S. 1929, § 87-122; 1941 Comp., § 65-118; 1953 Comp., § 57-1-17; 2013, ch. 144, § 13.
Cross references. — For county clerks, see N.M. Const., art. VI, § 22 and Chapter 4, Article 40 NMSA 1978.
The 2013 amendment, effective June 14, 2013, increased penalties; added the title; deleted "Any county clerk or"; added Subsection A; in Subsection B, after phrase "A person", deleted "authorized by law to perform" and added "who performs", after "marriage ceremony", added "or certifies a marriage to the county clerk", after "any officer or person", deleted "authorized to perform the marriage ceremony", after "contrary to law", deleted "shall be deemed" and added "is upon conviction", and after "misdemeanor and", deleted language which provided for a minimum fifty dollar and a maximum one hundred dollar fine or imprisonment, and added the remainder of the sentence.
Penalty for performing marriage in county other than where license obtained. — The act of a duly qualified justice of the peace (now magistrate), priest or minister in performing a marriage ceremony where the marriage license was obtained in a county of this state other than that where the marriage ceremony was celebrated does not fall within the mandatory or prohibited provisions, and the wording of 40-1-10 NMSA 1978 does not expressly or by inference refer to persons performing the marriage ceremony. Therefore, such persons may perform such ceremonies without violating the marriage laws or subjecting themselves to criminal penalty. 1961 Op. Att'y Gen. No. 61-104.
Structure New Mexico Statutes
Article 1 - Marriage in General
Section 40-1-1 - [Marriage is civil contract requiring consent of parties.]
Section 40-1-2 - Marriages solemnized; ordained clergy or civil magistrates may solemnize.
Section 40-1-3 - Ceremony by religious society.
Section 40-1-4 - [Lawful marriages without the state recognized.]
Section 40-1-6 - Restrictions on marriage of minors.
Section 40-1-7 - Incestuous marriages.
Section 40-1-9 - Prohibited marriages.
Section 40-1-10 - License required; county clerk.
Section 40-1-11 - Fees; disposition.
Section 40-1-14 - Production of license and proof of legal qualifications.
Section 40-1-15 - Certification of marriage; recording and indexing.
Section 40-1-16 - Application of law.
Section 40-1-17 - Uniform use form.
Section 40-1-18 - Form of application, license and certificate.
Section 40-1-19 - Offenses; penalties.
Section 40-1-20 - [Marriages without license in 1905 validated.]