Chapter 9.20
PUBLIC MORALS
Sections:
9.20.010 Lewd, immoral or obscene acts.
9.20.040 Aiding illegal activity.
9.20.050 Marijuana possession prohibited.
9.20.010 Lewd, immoral or obscene acts.
The following acts are lewd, immoral, or obscene and their commission is unlawful:
A. Being present in any establishment where alcoholic beverages are sold and engaging in the practice of or for the purpose of soliciting others to purchase alcoholic beverages; provided, that this provision does not apply to one employed as a bartender, waitress or waiter.
B. As the owner or operator of any establishment where alcoholic beverages are sold, to knowingly permit the presence in such establishment of any person who violates the provisions of subsection (A) of this section.
C. Prostitution, which means knowingly engaging in or offering to engage in sexual intercourse for hire.
D. Entering or remaining in a house of prostitution with intent to engage in sexual intercourse with a prostitute.
E. Knowingly hiring a prostitute to engage in sexual intercourse.
F. Knowingly establishing, owning, maintaining or managing a house of prostitution or participating in the establishment, ownership, maintenance or management thereof.
G. Knowingly permitting any place to be used as a house of prostitution.
H. Procuring a prostitute for a house of prostitution.
I. Inducing another to become a prostitute.
J. Living wholly or partly upon the earnings of prostitution.
K. Knowingly soliciting a patron for a prostitute or for a house of prostitution.
L. Knowingly procuring a prostitute for a patron.
M. 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.
N. Knowingly being employed by a house of prostitution or to perform any function which constitutes promoting prostitution.
O. Knowingly and intentionally exposing the primary genital area to public view. Primary genital area means the mons pubis, penis, testicles, mons veneris, vulva or vagina. [Prior code § 8-4-1]
9.20.020 Window peeping.
It is unlawful for any person to enter upon any private property and look, peer, or peep into or be found around or within the view of any window or other means of viewing into any occupied building, other than his own residence, with the intent of observing a person or persons undressed, dressing or undressing or engaging in sexual acts. [Prior code § 8-4-2]
9.20.030 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 or play a gambling device or to 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 such 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 in a gambling place and not set up for use is prima facie evidence of possession with intent to transfer commercially.
E. Permitted Lottery. Nothing in this section shall be construed to apply to any sale or drawing of any prize at any fair held in this state for the benefit of any church, public library or religious society if such benefit shall be expended in this state for the benefit of such church, public library, religious society or charitable purposes. 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 such proceeds go to any individual member or employee thereof.
F. 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 such business whether or not any consideration other than monetary in excess of the regular price of admission is exacted for participation in drawings for prizes.
G. Nothing in this section shall be construed to prohibit on-track pari-mutuel betting as authorized by Section 60-1-11 NMSA 1978. [Prior code § 8-4-3]
9.20.040 Aiding illegal activity.
It is unlawful to be found in any place where gambling or prostitution is being conducted with knowledge of such activity or to give or attempt to give any signal intended to give warning of the approach of any police officer to any person in or about any place where any illegal activity is being conducted. [Prior code § 8-4-4]
9.20.050 Marijuana possession prohibited.
It is unlawful for any person intentionally to possess marijuana unless it was obtained pursuant to a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by law.
A. “Marijuana” means all parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its seeds. It does not 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 other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, fiber, oil or cake or the sterilized seed of the plant which is incapable of germination.
B. “Practitioner” means a physician, dentist, veterinarian or other person licensed to prescribe and administer drugs which are subject to the Controlled Substance Act of New Mexico.
C. Any person found guilty of violating this section with respect to one ounce or less of marijuana shall be punished by a fine not less than $50.00 nor more than $100.00 and by imprisonment for not more than 15 days.
D. Second and subsequent offenses, and possession of more than one ounce of marijuana shall be turned over to a higher jurisdiction.
E. Any person convicted of possession of marijuana in violation of this section shall pay a fee of $75.00 to defray the costs of chemical or other analyses.
F. All funds collection pursuant to subsection (E) of this section shall be transmitted to the administrative office of the courts pursuant to Section 31-12-9 NMSA 1978.
G. Subsections (E) and (F) of this section are adopted pursuant to the authority and per the requirements of Section 31-12-3 NMSA 1978. [Prior code § 8-4-5]