Chapter 9.10
OFFENSES AGAINST PUBLIC OFFICERS
Sections:
9.10.030 Resisting, evading or obstructing an officer.
9.10.040 Refusing to aid an officer.
9.10.050 Impersonating a peace officer.
9.10.060 Assault upon peace officer.
9.10.070 Unauthorized use of certain words and insignia.
9.10.010 False alarms.
It is unlawful for any person to make, turn in or give a false alarm of fire or need for police or ambulance assistance, or to interfere with the proper functioning of an alarm system, or to aid or abet the commission of such an act.
Whoever commits false alarms is guilty of a petty misdemeanor. [Ord. 241 § 2-1-24, 2007; Ord. 34 § 2, 1916].
9.10.020 False reports.
It is unlawful for any person to maliciously make or file with the police department any false, misleading or unfounded report or statement concerning the commission or alleged commission of any crime.
Whoever commits false reports is guilty of a petty misdemeanor. [Ord. 241 § 2-1-25, 2007].
9.10.030 Resisting, evading or obstructing an officer.
Resisting, evading or obstructing an officer consists of:
A. Knowingly obstructing, resisting or opposing any officer of this state or any other duly authorized person serving or attempting to serve or execute any process or any rule or order of any of the courts of this state or any other judicial writ or process;
B. Intentionally fleeing, attempting to evade or evading an officer of this state when the person committing the act of fleeing, attempting to evade or evasion has knowledge that the officer is attempting to apprehend or arrest him/her;
C. Willfully refusing to bring a vehicle to a stop when given a visual or audible signal to stop, whether by hand, voice, emergency light, flashing light, siren or other signal, by a uniformed officer in an appropriately marked police vehicle; or
D. Resisting or abusing any judge, magistrate or peace officer in the lawful discharge of his/her duties.
Whoever commits resisting, evading or obstructing an officer is guilty of a misdemeanor. [Amended during 2014 codification; Ord. 241 § 2-1-26, 2007].
9.10.040 Refusing to aid an officer.
Refusing to aid an officer consists of refusing to assist any peace officer in the preservation of the peace when called upon by such officer in the name of the United States or the state of New Mexico.
Whoever commits refusing to aid an officer is guilty of a petty misdemeanor. [Ord. 241 § 2-1-27, 2007].
9.10.050 Impersonating a peace officer.
A. Impersonating a peace officer consists of:
1. Without due authority, exercising or attempting to exercise the functions of a peace officer; or
2. Pretending to be a peace officer with the intent to deceive another person.
B. Whoever commits impersonating a peace officer is guilty of a misdemeanor. Upon a second or subsequent conviction, the offender shall be referred to a court of higher jurisdiction.
C. As used in this section, “peace officer” means any 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. [Ord. 241 § 2-1-28, 2007].
9.10.060 Assault upon peace officer.
A. Assault upon a peace officer consists of:
1. An attempt to commit a battery upon the person of a peace officer while he/she is in the lawful discharge of his/her duties; or
2. Any unlawful act, threat or menacing conduct which causes a peace officer while he/she is in the lawful discharge of his/her duties to reasonably believe that he/she is in danger of receiving an immediate battery.
B. Whoever commits assault upon a peace officer is guilty of a misdemeanor. [Amended during 2014 codification; Ord. 241 § 2-1-29, 2007].
9.10.070 Unauthorized use of certain words and insignia.
It is unlawful to display on any vehicle or sign, without authority of the municipality, the words “police,” “police department,” “fire department,” or words or insignia of similar import, whose design or form is such that it appears to be an official vehicle or sign of the fire or police department of the municipality; provided, that nothing contained herein shall apply to any state or county vehicle. [Ord. 241 § 2-1-30, 2007].