Section 20-12-34 - Misbehavior before the enemy.

NM Stat § 20-12-34 (2019) (N/A)

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Any person subject to Chapter 20 NMSA 1978 who before or in the presence of the enemy:

A. runs away;

B. shamefully abandons, surrenders or delivers up any command, unit, place or military property which it is his duty to defend;

C. through disobedience, neglect or intentional misconduct endangers the safety of any such command, unit, place or military property;

D. casts away his arms or ammunition;

E. is guilty of cowardly conduct;

F. quits his place of duty to plunder or pillage;

G. causes false alarms in any command, unit or place under control of the armed forces;

H. willfully fails to do his utmost to encounter, engage, capture or destroy any enemy troops, combatants, vessels, aircraft or any other thing, which it is his duty so to encounter, engage, capture or destroy; or

I. does not afford all practicable relief and assistance to any troops, combatants, vessels or aircraft of the armed forces belonging to the United States or their allies when engaged in battle;

shall be punished by death or other punishment as a court-martial may direct.

History: 1978 Comp., § 20-12-34, enacted by Laws 1989, ch. 337, § 33.

Effective dates. — Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.

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