CHAPTER 133
OFFENSES AGAINST PUBLIC MORALS

Section

133.01    Lewd, immoral or obscene acts

133.02    Window peeping

133.03    Gambling

133.04    Marijuana-related offenses

133.05    Drug paraphernalia prohibited

133.06    Unlawfully inhaling volatile solvents

133.99    Penalty

133.01 LEWD, IMMORAL OR OBSCENE ACTS.

The following acts are lewd, immoral or obscene, and their commission is unlawful:

(A) Prostitution, which means knowingly engaging in or offering to engage in sexual activity for hire;

(B) Entering or remaining in a house of prostitution with intent to engage in sexual activity with a prostitute;

(C) Knowingly hiring a prostitute to engage in sexual activity;

(D) Knowingly establishing, owning, maintaining or managing a house of prostitution or participating in the establishment, ownership, maintenance or management thereof;

(E) Knowingly permitting any place to be used as a house of prostitution;

(F) Knowingly procuring a prostitute for a house of prostitution;

(G) Knowingly inducing another to become a prostitute;

(H) Knowingly soliciting a patron for a prostitute or for a house of prostitution;

(I) Knowingly procuring a prostitute for a patron;

(J) Knowingly procuring transportation for, paying for the transportation of, or transporting a person within the municipality with the intention of aiding that person to engage in prostitution;

(K) Knowingly being employed by a house of prostitution or to perform any function which constitutes promoting prostitution;

(L) Knowingly and intentionally exposing the primary genital area to public view; (Primary genital area means the mons pubis, penis, testicles, mons veneris, vulva, female breasts or vagina.)

(M) Knowingly and intentionally exposing his intimate parts to public view while dancing or performing for compensation in a licensed liquor establishment or public place; (“Intimate parts” means the mons pubis, penis, testicles, mons veneris, vulva, female breasts or vagina. Whoever commits indecent dancing is guilty of a petty misdemeanor.)

(N) Knowingly and intentionally exposing his intimate parts to public view while serving beverage or food for compensation in a licensed liquor establishment or public place. (“Intimate parts” means the mons pubis, penis, testicles, mons veneris, vulva, female breasts, vagina. Whoever commits indecent waitering is guilty of a petty misdemeanor.)

(’87 Code, § 10-4-1) (Ord. 81-16) Penalty, see § 133.99

133.02 WINDOW PEEPING.

It is unlawful for any person to enter upon any private property and look, peer or peep into and be found around or within the view of any window or other means of viewing into any occupied building, other than one’s own residence, in any way which may include, but is not limited to, remotely viewing, recording or transmitting images via any electronic or mechanical device, including unmanned aircraft such as a drone.

(’87 Code, § 10-4-2) (Ord. 81-16; Am. Ord. 18-02) Penalty, see § 133.99

133.03 GAMBLING.

(A) Engaging in gambling. It is unlawful for any person to make a bet, enter or remain in a gambling place with intent to make a bet, participate in a lottery, play a gambling device, conduct a lottery or possess facilities with intent to conduct a lottery.

(B) Commercial gambling. It is unlawful to participate in the earnings of or to operate a gambling place; or to receive, record, forward or possess facilities with the intent to receive or forward bets or offers to bet or become a custodian of anything of value bet or offered to be bet; or to conduct a lottery or possess facilities with the intent to conduct a lottery where both the consideration and the prize are money; or to set up for use for the purpose of gambling, or operate any gambling device or collect the profits therefrom.

(C) Permitting use of premises. It is unlawful for any person to knowingly permit any property owned or occupied by him or under his control to be used as a gambling place or to knowingly permit a gambling device to be set up for the purpose of gambling in a place under his control.

(D) Dealing in gambling devices. It is unlawful to manufacture, commercially transfer or possess with the intent to commercially transfer any device which he knows evidences, purports to evidence, or is designed to evidence a gambling purpose, or any device which he knows is designed exclusively as a subassembly or essential part of the device including, but not limited to gambling machines, numbers, jars, punch boards or roulette wheels. Proof of possession of any device designed exclusively for gambling purposes other than a gambling place and not set up for use is prima facie evidence of possession with intent to transfer commercially.

(E) Permitted lottery.

(1) Nothing in this section shall be construed to apply to any sale or drawing of any prize for the benefit of any benevolent, nonprofit organization, if the benefits shall be expended in this state for the benefit of the benevolent, nonprofit organization.

(2) A lottery may be operated for the benefit of the organization or charitable purpose only when the entire proceeds of the lottery go into the organization for charitable purposes and no part of the proceeds go to any individual member or employee thereof.

(F) Advertising purposes. Nothing in this section shall be held to prohibit any motion picture theater from offering prizes of cash or merchandise for advertising purposes in connection with the business whether or not any consideration other than monetary in excess of the regular price of admission is exacted for participation in drawing for prizes.

(G) Authorized activities. Nothing in this section shall be construed to prohibit on-track pari-mutual betting as authorized by NMSA §§ 60-1-1 et seq., repealed as of 7-1-2006.

(’87 Code, § 10-4-3) (Ord. 81-16) Penalty, see § 133.99

Statutory reference:

Similar and additional provisions, see NMSA §§ 30-19-1 et seq.

133.04 MARIJUANA-RELATED OFFENSES.

(A) It is unlawful for any person to intentionally possess marijuana, synthetic cannabinoids, or any other related substance as enumerated by Section 30-31-6, et seq. NMSA (1978) Schedule I.

(B)(1) “Marijuana” means all parts of the plant Cannabis Sativa L., whether growing or not, the seeds thereof, and preparation of the plant or its seeds.

(2) It does include the mature stalks of the plant, hashish, tetrahydrocannabinols extracted or isolated from marijuana, fiber produced from the stalks, oil or cake made from the seeds of the plant, any compound, manufacture, salt, derivative, mixture or preparation of the mixture stalks, fiber, oil or cake, or the sterilization seed of the plant which is incapable of germination.

(’87 Code, § 10-4-5) (Ord. 81-16; Am. Ord. 14-14) Penalty, see § 133.99

133.05 DRUG PARAPHERNALIA PROHIBITED.

(A) It is unlawful for any person to use or possess with intent to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance.

(B) It is unlawful for any person to deliver, possess with intent to deliver, sell or manufacture with the intent to deliver, sell or manufacture drug paraphernalia with knowledge, or under circumstances where one reasonably should know that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance.

(NMSA § 30-31-25.1) (’87 Code, § 10-4-6) (Ord. 81-16) Penalty, see § 133.99

133.06 UNLAWFULLY INHALING VOLATILE SOLVENTS.

(A) It is unlawful for any person to inhale volatile solvents which consists of intentionally smelling, breathing or inhaling the fumes or vapors from any paint, glue, gasoline or any similar substance containing one or more volatile solvents for the purpose of causing a condition of intoxication, inebriation, stupefaction, euphoria, exhilaration or the dulling of the brain or the nervous system.

(B) Nothing in this section shall preclude a person from smelling, breathing or inhaling one or more volatile solvents when done under the supervision of a physician, podiatrist or dentist in the course of his professional practice.

(’87 Code, § 10-4-7) (Ord. 81-16) Penalty, see § 133.99

Statutory reference:

Similar and additional provisions, see NMSA §§ 30-29-1 et seq.

133.99 PENALTY.

Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.

(’87 Code, § 10-4-9) (Ord. 81-16)