Unlawful assault on any jail consists of any person or group of persons assaulting or attacking any jail, prison or other public building or place of confinement of prisoners held in lawful custody or confinement.
Whoever commits unlawful assault on any jail, prison or other public building or place of confinement of prisoners held in lawful custody or confinement is guilty of a third degree felony.
History: 1953 Comp., § 40A-22-18, enacted by Laws 1963, ch. 303, § 22-18.
ANNOTATIONSCollateral estoppel. — Acquittal of defendant on charge of assault on a jail did not collaterally estop state from bringing subsequent prosecution against him on charge of assault with intent to commit a violent felony, even where both offenses allegedly occurred at same time and place, since charge of assault with intent to commit a violent felony required a jury to consider facts not required in the first trial. State v. Tijerina, 1973-NMSC-105, 86 N.M. 31, 519 P.2d 127, cert. denied, 417 U.S. 956, 94 S. Ct. 3085, 41 L. Ed. 2d 674.
Law reviews. — For article, "The Confusing Law of Criminal Intent in New Mexico," see 5 N.M.L. Rev. 63 (1974).