New Mexico Statutes 17-10-5. Criminal and civil penalties
A. A person who violates Section 3 [17-10-3 N.M. Stat. Ann.] of the Wildlife Trafficking Act is guilty of a misdemeanor and upon conviction shall be punished pursuant to the provisions of Section 31-19-1 N.M. Stat. Ann..
Terms Used In New Mexico Statutes 17-10-5
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conviction: A judgement of guilt against a criminal defendant.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
B. Each covered animal species or covered animal part or product sold or purchased in violation of Section 3 of the Wildlife Trafficking Act is a separate offense. Two or more offenses may be charged in the same complaint, information or indictment and punished as separate offenses for each covered animal species or covered animal part or product involved.
C. With or without a criminal conviction, a person who violates Section 3 of the Wildlife Trafficking Act and anyone who benefited or would have benefited from the violation may be sued in district court and is subject to a penalty not to exceed ten thousand dollars ($10,000) or three times the total value of the covered animal species or covered animal part or product, whichever is greater.
D. Upon conviction in a criminal court or a finding in a civil court for a violation of Section 3 of the Wildlife Trafficking Act, the court shall order that the covered animal species or covered animal part or product be:
(1) given to the United States fish and wildlife service, if requested by that agency;
(2) destroyed; or
(3) donated to an educational or scientific institution.