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City of Las Vegas, NM
San Miguel County
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Table of Contents
Table of Contents
Code
New Laws (1) Index
[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. 
Terms defined. As used in this chapter, the following terms shall have the meanings indicated:
ALCOHOLIC BEVERAGES
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]
ANYTHING OF VALUE
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".
BAILIFF
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.
BEER
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]
CITY
The City of Las Vegas.
CORRECTIONS OFFICER
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.
COURT
The Municipal Court of the City of Las Vegas.
CRIMINAL SEXUAL CONTACT OF A MINOR
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.
CRIMINAL SEXUAL PENETRATION
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.
DEADLY WEAPON
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]
DRUG
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.
FIREFIGHTER
Any person who is so designated by the Chief of the Las Vegas Fire Department or his designated representative.
HOUSE OF PROSTITUTION
Any place where prostitution or promotion of prostitution is carried on.
MAYOR
The Mayor or his designated representative.
NEIGHBORHOOD PARKS
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.
PEACE OFFICER
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.
PERSON
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.
POSSESS
Any manner of custody, control or ownership, no matter how initiated.
PROBATION OFFICER
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.
PROSTITUTE
A person who:
(1) 
Engages in or offers to engage in sexual intercourse for hire.
(2) 
Takes or offers to take into his or her mouth or anus, the sexual organ of another for hire.
(3) 
Places or offers to place his or her sexual organ into the mouth or anus of another for hire.
(4) 
Masturbates or offers to masturbate the sexual organ of another for hire.
PUBLIC PLACE
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.
SEXUAL INTERCOURSE
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.
SHALL
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.
B. 
Upon conviction of a violation of § 192-16, 192-17 or 192-18, in addition to any other penalties, the weapon or weapons shall be forfeited to the City upon order of the court.
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.
D. 
The court may sentence any corporation, club, organization or unincorporated association which has been convicted of a violation of this chapter to pay a fine authorized by the Criminal Code of Las Vegas.[1]
[1]
Editor's Note: See NMSA 1978, § 30-1-1 et seq.
E. 
Any money seized as a result of violation of § 192-56 of this code shall be retained by the Mayor until such property is disposed of by order of the court, which may include forfeiture of any such money 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.