Improper handling of fire consists of:

A. setting fire, or causing or procuring a fire to be set to any inflammable vegetation or forest material, growing or being on the lands of another person and without the permission of the owner thereof;

B. allowing fire to escape or spread from the control of the person having charge thereof without using reasonable and proper precaution to prevent such fire from escaping or spreading;

C. burning any inflammable vegetation or forest material, whether upon his own land or that of another person, without using proper and reasonable precaution at all times to prevent the escape of such fire;

D. leaving any campfire burning and unattended upon the lands of another person; or

E. causing a fire to be started in any inflammable vegetation or forest material, growing or being upon the lands of another person, by means of any lighted cigar, cigarette, match or other manner, and leaving such fire unquenched.

Provided, nothing herein shall constitute improper handling of fire where the fire is a backfire set for the purpose of stopping the progress of a fire then actually burning.

Whoever commits improper handling of fire is guilty of a petty misdemeanor.

History: 1953 Comp., § 40A-17-1, enacted by Laws 1963, ch. 303, § 17-1.

Cross references. — For arson, see 30-17-5, 30-17-6 NMSA 1978.

For provisions covering the lighting, leaving or failure to extinguish fires on state lands, see 19-6-1, 19-6-2 NMSA 1978.

Law reviews. — For note, "Forest Fire Protection on Public and Private Lands in New Mexico," see 4 Nat. Resources J. 374 (1964).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 35 Am. Jur. 2d Fires §§ 5, 6.

Liability of property owner for damages from spread of accidental fire originating on property, 17 A.L.R.5th 547.

Liability for spread of fire intentionally set for legitimate purpose, 25 A.L.R.5th 391.

36A C.J.S. Fires §§ 2, 3.