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New Mexico Statutes Chapter 20. Military Affairs § 20-12-75. Wearing unauthorized insignia, decoration, badge, ribbon, device or lapel button

Current as of January 01, 2024 | Updated by Findlaw Staff

A. Any person subject to Chapter 20 NMSA 1978 shall be punished as a court-martial may direct if the person:

(1) is not authorized to wear an insignia, decoration, badge, ribbon, device or lapel button; and

(2) wrongfully wears such insignia, decoration, badge, ribbon, device or lapel button upon the person's uniform or civilian clothing.

B. The maximum punishment of prosecution pursuant to this section shall be:

(1) for the wrongful wearing of the medal of honor, distinguished service cross, navy cross, air force cross, silver star, purple heart or a valor device on any personal award, a dishonorable discharge, forfeiture of all pay and allowances received on or after the effective date of the sentence and confinement for less than one year; or

(2) for all other violations of this section, a bad conduct discharge, forfeiture of all pay and allowances and confinement for no more than six months.

C. As used in this section, “wrongful” means that the conduct is done without legal justification or excuse. Actual knowledge that the person was or is not authorized to wear the item in question is required. Knowledge may be proved by circumstantial evidence.

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Cite this article: FindLaw.com - New Mexico Statutes Chapter 20. Military Affairs § 20-12-75. Wearing unauthorized insignia, decoration, badge, ribbon, device or lapel button - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-20-military-affairs/nm-st-sect-20-12-75/

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