30-42-3. Definitions.
608 words·~3 min read·
/nm/chapter-30-criminal-offenses/article-42-racketeering/30-42-3·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
As used in the Racketeering Act:
A. “racketeering" means any act that is chargeable or indictable under the laws of New Mexico and punishable by imprisonment for more than one year, involving any of the following cited offenses:
(1)murder, as provided in Section 30-2-1 NMSA 1978;
(2)robbery, as provided in Section 30-16-2 NMSA 1978;
(3)kidnapping, as provided in Section 30-4-1 NMSA 1978;
(4)forgery, as provided in Section 30-16-10 NMSA 1978;
(5)larceny, as provided in Section 30-16-1 NMSA 1978;
(6)fraud, as provided in Section 30-16-6 NMSA 1978;
(7)embezzlement, as provided in Section 30-16-8 NMSA 1978;
(8)receiving stolen property, as provided in Section 30-16-11 NMSA 1978;
(9)bribery, as provided in Sections 30-24-1 through 30-24-3.1 NMSA 1978;
(10)gambling, as provided in Sections 30-19-3, 30-19-13 and 30-19-15 NMSA 1978;
(11)illegal kickbacks, as provided in Sections 30-41-1 and 30-41-2 NMSA 1978;
(12)extortion, as provided in Section 30-16-9 NMSA 1978;
(13)trafficking in controlled substances, as provided in Section 30-31-20 NMSA 1978;
(14)arson and aggravated arson, as provided in Subsection A of Section 30- 17-5 and Section 30-17-6 NMSA 1978;
(15)promoting prostitution, as provided in Section 30-9-4 NMSA 1978;
(16)criminal solicitation, as provided in Section 30-28-3 NMSA 1978;
(17)fraudulent securities practices, as provided in the New Mexico Uniform Securities Act [58-13C-101 to 58-13C-701 NMSA 1978];
(18)loan sharking, as provided in Sections 30-43-1 through 30-43-5 NMSA 1978;
(19)distribution of controlled substances or controlled substance analogues, as provided in Sections 30-31-21 and 30-31-22 NMSA 1978;
(20)money laundering, as provided in Section 30-51-4 NMSA 1978;
(21)unlawful taking of a vehicle or motor vehicle, as provided in Section 30- 16D-1 NMSA 1978;
(22)embezzlement of a vehicle or motor vehicle, as provided in Section 30- 16D-2 NMSA 1978;
(23)fraudulently obtaining a vehicle or motor vehicle, as provided in Section 30-16D-3 NMSA 1978;
(24)receiving or transferring stolen vehicles or motor vehicles, as provided in Section 30-16D-4 NMSA 1978;
(25)altering or changing the serial number, engine number, decal or other numbers or marks of a vehicle or motor vehicle, as provided in Section 30-16D-6 NMSA 1978;
(26)trafficking cannabis products, as provided in Section 26-2C-28 NMSA 1978;
(27)sexual exploitation of children, as provided in Sections 30-6A-3 and 30- 6A-4 NMSA 1978;
(28)criminal sexual penetration, as provided in Section 30-9-11 NMSA 1978;
(29)criminal sexual contact, as provided in Sections 30-9-12 and 30-9-13 NMSA 1978;
(30)dog fighting, as provided in Section 30-18-9 NMSA 1978;
(31)cockfighting, as provided in Section 30-18-9 NMSA 1978;
(32)bringing contraband into places of imprisonment, as provided in Section 30-22-14 NMSA 1978; and
(33)human trafficking, as provided in Section 30-52-1 NMSA 1978;
B. “person" means an individual or entity capable of holding a legal or beneficial interest in property;
C. “enterprise" means a sole proprietorship, partnership, corporation, business, labor union, association or other legal entity or a group of persons associated in fact although not a legal entity, and includes illicit as well as licit entities; and
D. “pattern of racketeering activity" means engaging in at least two incidents of racketeering with the intent of accomplishing any of the prohibited activities set forth in Subsections A through D of Section 30-42-4 NMSA 1978; provided at least one of the incidents occurred after February 28, 1980 and the last incident occurred within five years after the commission of a prior incident of racketeering. History: Laws 1980, ch. 40, § 3; 1988, ch. 14, § 4; 1998, ch. 113, § 6; 2009, ch. 253, § 7; 2009, ch. 261, § 7; 2024, ch. 38, § 16; 2025, ch. 128, § 2.