HB 333
Page 1
AN ACT
RELATING TO THE DESECRATION OF ROADSIDE MEMORIALS;
ESTABLISHING PENALTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. A new section of the Criminal Code is
enacted to read:
"DESECRATION OF ROADSIDE MEMORIALS--PENALTY.--
A. A person shall not knowingly or willfully
deface or destroy, in whole or in part, a descanso, also known
as a memorial, placed alongside a public road right of way to
memorialize the death of one or more persons.
B. A person who violates the provisions of
Subsection A of this section is:
(1) for a first offense, guilty of a petty
misdemeanor and upon conviction shall be sentenced pursuant to
the provisions of Section 31-19-1 NMSA 1978; and
(2) for a second and subsequent offense,
guilty of a misdemeanor and upon conviction shall be sentenced
pursuant to the provisions of Section 31-19-1 NMSA 1978.
C. The provisions of this section shall not apply
to law enforcement officials or other employees of the state
or a political subdivision of the state who in the course of
the lawful discharge of their duties move or remove a descanso
that obstructs or damages any public road in this state or to