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Current as of January 01, 2024 | Updated by FindLaw Staff
As used in the Forfeiture Act:
A. “abandoned property”:
(1) is not subject to the provisions of Section 29-1-14 NMSA 1978;
(2) means personal property the rights to which and the control of which an owner has intentionally relinquished; and
(3) does not mean real property;
B. “actual knowledge” means a direct and clear awareness of information, a fact or a condition;
C. “contraband” means goods that may not be lawfully imported, exported or possessed, including drugs that are listed in Schedule I, II, III, IV or V of the Controlled Substances Act and that are possessed without a valid prescription;
D. “conveyance” means a device used for transportation and:
(1) includes a motor vehicle, trailer, snowmobile, airplane, vessel and any equipment attached to the conveyance; but
(2) does not include property that is stolen or taken in violation of a law;
E. “conviction” or “convicted” means that a person has been found guilty of a crime in a trial court whether by a plea of guilty or nolo contendere or otherwise and whether the sentence is deferred or suspended;
F. “crime” means a violation of a criminal statute for which property of the offender is subject to seizure and forfeiture;
G. “instrumentality” means all property that is otherwise lawful to possess that is used in the furtherance or commission of an offense to which forfeiture applies and includes land, a building, a container, a conveyance, equipment, materials, a product, a computer, computer software, a telecommunications device, a firearm, ammunition, a tool, money, a security and a negotiable instrument and other devices used for exchange of property;
H. “law enforcement agency” means the employer of a law enforcement officer who is authorized to seize or has seized property pursuant to the Forfeiture Act;
I. “law enforcement officer”:
(1) means a state or municipal police officer, county sheriff, deputy sheriff, conservation officer, motor transportation enforcement officer or other state employee authorized by state law to enforce criminal statutes; but
(2) does not mean a correctional officer;
J. “owner” means a person who has a legal or equitable ownership interest in property;
K. “property” means tangible or intangible personal property or real property;
L. “property subject to forfeiture” means property or an instrumentality declared to be subject to forfeiture by the Forfeiture Act or a state law outside of the Forfeiture Act; and
M. “secured party” means a person with a security or other protected interest in property, whether the interest arose by mortgage, security agreement, lien, lease or otherwise; the purpose of which interest is to secure the payment of a debt or protect a potential debt owed to the secured party.
Cite this article: FindLaw.com - New Mexico Statutes Chapter 31. Criminal Procedure § 31-27-3. Definitions - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-31-criminal-procedure/nm-st-sect-31-27-3/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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