Unlawful rescue consists of intentionally, and without lawful authority, rescuing any person lawfully in custody or confinement.

Attorney's Note

Under the New Mexico Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
first degree felonyup to 18 yearsup to $15,000
third degree felonyup to 3 yearsup to $5,000
For details, see N.M. Stat. Ann. § 31-18-15

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Whoever commits unlawful rescue of a person charged with or convicted of a crime not constituting a capital felony, or who is charged with but not convicted of a capital felony, is guilty of a third degree felony.

Whoever commits unlawful rescue of an individual convicted of a capital felony is guilty of a first degree felony.