46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO CRIMINAL LAW; AMENDING THE POSTING AND NOTICE REQUIREMENTS FOR CRIMINAL TRESPASS; AMENDING SECTIONS OF THE NMSA 1978.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 30-14-1 NMSA 1978 (being Laws 1963, Chapter 303, Section 14-1, as amended) is amended to read:

"30-14-1. CRIMINAL TRESPASS.--

A. Criminal trespass consists of knowingly entering or remaining upon fenced or posted private property without possessing written permission from the owner or person in control of the land. The provisions of this subsection do not apply if:

(1) the owner or person in control of the land has entered into an agreement with the department of game and fish granting access to the land to the general public for the purpose of taking any game animals, birds or fish by hunting or fishing; or

(2) a person is in possession of a landowner license given to him by the owner or person in control of the land that grants access to that particular private land for the purpose of taking any game animals, birds or fish by hunting or fishing.

B. Criminal trespass also consists of knowingly entering or remaining upon the unposted lands of another knowing that such consent to enter or remain is denied or withdrawn by the owner or occupant [thereof] of the lands. Notice of no consent to enter unposted private property shall be deemed sufficient notice to the public and evidence to the courts, by [the posting of the property at all vehicular access entry ways] the written communication by the owner, lessee, person in lawful possession or his agent or by the existence of fencing or other enclosure obviously designed to exclude intruders or to contain livestock.

C. Criminal trespass also consists of knowingly entering or remaining upon lands owned, operated or controlled by the state or any of its political subdivisions knowing that consent to enter or remain is denied or withdrawn by the custodian [thereof] of the lands.

D. Any person who enters upon the lands of another without prior permission and injures, damages or destroys any part of the realty or its improvements, including buildings, structures, trees, shrubs or other natural features, is guilty of a misdemeanor and [he] shall be liable to the owner, lessee or person in lawful possession for civil damages in an amount equal to double the value of the damage to the property injured or destroyed.

E. Whoever commits criminal trespass is guilty of a misdemeanor. Additionally, any person who violates the provisions of Subsection A, B or C of this section, when in connection with hunting, fishing or trapping activity, shall have his hunting or fishing license revoked by the state game commission for a period of not less than three years, pursuant to the provisions of Section 17-3-34 NMSA 1978.

F. Whoever knowingly removes, tampers with or destroys any "no trespass" sign is guilty of a petty misdemeanor; except when the damage to the sign amounts to more than one thousand dollars ($1,000), he [or she] is guilty of a misdemeanor and shall be subject to imprisonment in the county jail for a definite term less than one year or a fine not more than one thousand dollars ($1,000) or to both such imprisonment and fine in the discretion of the judge.

G. This section, as amended, shall be published in all issues of "Big Game Hunt Proclamation" as published by the department of game and fish."

Section 2. Section 30-14-1.1 NMSA 1978 (being Laws 1979, Chapter 186, Section 2, as amended) is amended to read:

"30-14-1.1 TYPES OF TRESPASS--INJURY TO REALTY--CIVIL DAMAGES.--

A. Any person who enters and remains on the lands of another after having been requested to leave is guilty of a misdemeanor.

B. Any person who enters upon the lands of another when such lands are posted against trespass [at every roadway or apparent way of access] is guilty of a misdemeanor.

C. Any person who drives a vehicle upon the lands of another except through a roadway or other apparent way of access, when such lands are fenced in any manner or posted, is guilty of a misdemeanor.

D. In the event any person enters upon the lands of another without prior permission and injures, damages or destroys any part of the realty or its improvements, including buildings, structures, trees, shrubs or other natural features, he shall be liable to the owner, lessee or person in lawful possession for damages in an amount equal to double the amount of the appraised value of the damage of the property injured or destroyed."

Section 3. Section 30-14-6 NMSA 1978 (being Laws 1969,

Chapter 195, Section 2, as amended) is amended to read:

"30-14-6. NO TRESPASSING NOTICE--SIGN CONTENTS--POSTING--REQUIREMENT--[PRESCRIBING A PENALTY FOR] WRONGFUL POSTING OF PUBLIC LANDS--PENALTY.--

A. The owner, lessee or person lawfully in possession of real property in New Mexico, except property owned by the state or federal government, desiring to prevent trespass or entry onto the real property shall [post notices parallel to and along the exterior boundaries of the property to be posted, at each roadway or other way of access in conspicuous places, and if the property is not fenced, such notices shall be posted every five hundred feet along the exterior boundaries of such land.

B. The notices posted shall prohibit all persons from trespassing or entering upon the property without permission of the owner, lessee, person in lawful possession or his agent. The notices shall:

(1) be printed legibly in English;

(2) be at least one hundred forty-four square inches in size;

(3) contain the name and address of the person under whose authority the property is posted or the name and address of the person who is authorized to grant permission to enter the property;

(4) be placed at each roadway or apparent way of access onto the property in addition to the posting of the boundaries; and

(5) where applicable, state any specific prohibition that the posting is directed against, such as "no trespassing", "no hunting", "no fishing", "no digging" or any other specific prohibition] provide notice that trespass or entry is forbidden without permission of the owner, lessee, person in lawful possession or his agent.

B. For purposes of this section, "notice" means:

(1) written communication by the owner, lessee, person in lawful possession, his agent or someone with apparent authority to act for the owner;

(2) fencing or other enclosure obviously designed to exclude intruders or to contain livestock;

(3) a sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden; or

(4) the placement of identifying orange paint marks on trees or posts on the property, provided that the marks are:

(a) vertical lines of not less than eight inches in length and not less than one inch in width;

(b) placed so that the bottom of the mark is not less than three feet from the ground or more than five feet from the ground; and

(c) placed at locations that are readily visible to any person approaching the property and no more than: 1) five hundred feet apart on forest land; and 2) one thousand feet apart on land other than forest land.

C. Any person who posts public lands contrary to state or federal law or [regualtion] regulation is guilty of a petty misdemeanor."

Section 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.