Recovery of property; criminal and civil liability.

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Any person who retains, after written demand by the United States property and fiscal officer or his designee, any arms, uniforms, equipment or other military property which belongs to the state or the United States or who thereafter possesses, purchases, sells, pawns or pledges such property shall be guilty of a misdemeanor and shall be civilly liable to the United States property and fiscal officer for three times the original value of the property in damages. The attorney general or his designee shall prosecute all such matters referred to him on a sworn statement of charges by the United States property and fiscal officer. Money recovered shall be deposited by the United States property and fiscal officer to the appropriate fund or account for the purchase of similar replacement property.

History: 1978 Comp., § 20-9-4, enacted by Laws 1987, ch. 318, § 61.

ANNOTATIONS

Repeals and reenactments. — Laws 1987, Chapter 318 repealed former 20-9-4 NMSA 1978, as enacted by Laws 1925, ch. 113, § 90, relating to suppression of unlawful assembly, and enacted a new section, effective April 10, 1987.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 53A Am. Jur. 2d Military, and Civil Defense § 362 et seq.

6 C.J.S. Armed Services § 297.


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