[Adopted as Ch. 7, Art. 1 of the 1972 City Code]
This code may be cited as "Criminal Code of Las Vegas."
All prosecutions for the alleged violation of this code shall
be commenced within one year after the alleged violation and shall
be barred thereafter.
This code applies only to offenses committed within the City
limits of Las Vegas, New Mexico, as those limits may from time to
time be established.
When not inconsistent with the context thereof:
A.
The words in the plural number include the singular number and vice
versa.
B.
The masculine includes the feminine and neuter.
C.
ALCOHOLIC BEVERAGES
ANYTHING OF VALUE
BAILIFF
BEER
CITY
CORRECTIONS OFFICER
COURT
CRIMINAL SEXUAL CONTACT OF A MINOR
CRIMINAL SEXUAL PENETRATION
DEADLY WEAPON
DRUG
FIREFIGHTER
HOUSE OF PROSTITUTION
MAYOR
NEIGHBORHOOD PARKS
PEACE OFFICER
PERSON
POSSESS
PROBATION OFFICER
PROSTITUTE
(1)
(2)
(3)
(4)
PUBLIC PLACE
SEXUAL INTERCOURSE
SHALL
Terms defined. As used in this chapter, the following terms shall
have the meanings indicated:
Distilled or rectified spirits, potable alcohol, brandy,
whiskey, rum, gin, beer, and aromatic bitters bearing the federal
internal revenue strip stamps or any similar alcoholic beverage, including
blended or fermented beverages, dilutions or mixtures of one or more
of the foregoing containing more than 1/2 of 1% alcohol, but excluding
medicinal bitters.
[Added 10-15-1987 by Ord. No. 76-14]
Any conceivable thing of a slightest value, tangible or intangible,
movable or immovable, corporeal or incorporeal, public or private.
The term is not necessarily synonymous with the traditional legal
term "property".
Includes any employee of the Municipal Court of the City
of Las Vegas who is designated by the Presiding Judge of the Municipal
Court as bailiff.
Any alcoholic beverage obtained by fermentation of any infusion
or decoction of barley, malt and hops or other cereals in water and
includes porter, beer, ale and stout.
[Added 10-15-1987 by Ord. No. 76-14]
The City of Las Vegas.
Includes employees of the Corrections-Detention Department
who are designated as corrections officers by the Director of the
Department of Corrections-Detention or his designated representative.
The Municipal Court of the City of Las Vegas.
Unlawfully and intentionally touching or applying force to
the intimate parts of a minor other than one's spouse, or unlawfully
and intentionally causing a minor, other than one's spouse, to touch
one's intimate parts. For the purpose of this section, "intimate parts"
means the primary genital area, groin, buttock, anus, or breast.
The unlawful and intentional causing of a person, other than
one's spouse, to engage in sexual intercourse, cunnilingus, fellatio
or anal intercourse, or the causing of penetration, to any extent
and with any object, of the genital or anal openings of another, whether
or not there is any emission.
Any firearm, whether loaded or unloaded, or any weapon which
is capable of producing death or great bodily harm, including but
not restricted to any types of daggers, brass knuckles, switchblade
knives, bowie knives, poniards, butcher knives, dirk knives and all
such weapons with which dangerous cuts can be given, or with which
dangerous thrusts can be inflicted, including sword canes, and any
kind of sharp pointed canes, also slingshots, slungshots, bludgeons,
or any other weapons with which dangerous wounds can be inflicted.
[Added 5-21-1987 by Ord. No. 75-61]
Any chemical substance or compound either natural or synthetic
having a psychological and/or mind-altering effect on its users, including,
but not limited to, intoxicating liquor, narcotic drug, depressant
drug, hallucinogenic drug, stimulant drug, and the fumes of paint
or glue.
Any person who is so designated by the Chief of the Las Vegas
Fire Department or his designated representative.
Any place where prostitution or promotion of prostitution
is carried on.
The Mayor or his designated representative.
A park which is normally less than five acres in area and
which has been designated by resolution. Such neighborhood park shall
be posted by the Mayor or his designated representative as a park
in which drinking alcoholic liquors is prohibited.
Includes campus security officers, police officers, and any
other public official or public officer vested by law with a duty
to maintain public order or to make arrests for crime, whether that
duty extends to all crimes or is limited to specific crimes.
Includes but is not limited to any natural person, whether
over or under 21 years of age, firm, partnership, association, corporation,
company or organization of any kind.
Any manner of custody, control or ownership, no matter how
initiated.
Includes any employee of the Municipal Court of the City
of Las Vegas who is designated by the Presiding Judge of the Municipal
Court as a probation officer.
A person who:
Engages in or offers to engage in sexual intercourse for hire.
Takes or offers to take into his or her mouth or anus, the sexual
organ of another for hire.
Places or offers to place his or her sexual organ into the mouth
or anus of another for hire.
Masturbates or offers to masturbate the sexual organ of another
for hire.
Includes, but is not limited to, public dance halls, poolrooms,
bars, saloons, bowling alleys, restaurants, commercial establishments
patronized by the public, City public schools, county, state or federal
property, streets, sidewalks, parks, alleys or parking lots.
Penetration of the vagina of a female to any extent by the
penis of a male. Proof of sexual intercourse does not require proof
of emission.
Is mandatory and not merely directory.
A.
Any person convicted of a violation of this chapter shall be punished
by a fine of not more than $300 or by imprisonment not exceeding 90
days, or both, unless a different specific penalty is provided.
C.
Any fireworks, gambling devices, or other equipment of any kind used
in gambling and any money seized in connection with gambling or gambling
equipment shall be retained by the Mayor until such property is disposed
of by order of the court, which may include forfeiture of any such
equipment to the City.
In all prosecutions under the code in which the defense is based
on an exception, the burden shall be on the defendant to present sufficient
evidence to raise a reasonable doubt as to such defense, and then
the burden shall shift to the prosecution to prove the absence of
the exception or exemption just as any other element of the offense.