Any person who is found guilty of wilfully cutting or otherwise destroying a fence or any part thereof is guilty of a petty misdemeanor.
History: Laws 1869, ch. 20, § 2; C.L. 1884, § 1273; C.L. 1897, § 1815; Code 1915, § 2348; C.S. 1929, § 50-110; 1941 Comp., § 49-1809; 1953 Comp., § 47-17-9; Laws 1981, ch. 365, § 1.
The 1981 amendment added the catchline and substituted "is found" for "shall be," "wilfully cutting or otherwise destroying" for "breaking or throwing down" and "or any part thereof is guilty of a petty misdemeanor" for "or in any manner whatever breaking any rail, post, stake or whatsoever other material is placed for the purpose of fencing, or wall built with that object, shall be summarily judged before the justice of the peace of the precinct in which such offense is committed; and if convicted, shall be fined in the sum of five dollars; provided, that when children, or minors, shall commit such offense, their fathers, mothers or guardians shall be responsible for them under the provisions of this section."
Am. Jur. 2d, A.L.R. and C.J.S. references. — 35 Am. Jur. 2d Fences §§ 33, 36, 37.
36A C.J.S. Fences §§ 16 to 18.
Structure New Mexico Statutes
Chapter 77 - Animals and Livestock
Section 77-16-1 - [Necessity for fence.]
Section 77-16-3 - [Damages on fenced lands; right of action; lien on animals.]
Section 77-16-4 - [Barbed wire fence; specifications.]
Section 77-16-5 - [Applicability of act.]
Section 77-16-6 - [Board fence; specifications.]
Section 77-16-7 - [Pole and post fence; specifications.]
Section 77-16-8 - [Stone, adobe or woven wire fence; specifications.]
Section 77-16-9 - [Legal protection of fences against damage or destruction.]
Section 77-16-10 - Injuring fence.
Section 77-16-11 - [Injuries by animals; liability; minors.]
Section 77-16-12 - [Damages for injuries.]
Section 77-16-13 - [Opening private fence to use road prohibited.]
Section 77-16-14 - [Failure to close gate; liability for damages.]
Section 77-16-16 - Railroads; fencing of lines; damage.
Section 77-16-17 - [Requirements of railroad fence.]
Section 77-16-18 - Report of killed or crippled livestock; inspection and removal.