Illegal confinement of animals consists of:

A. detaining for more than two (2) hours for the purpose of milking any cow, without the permission of the owner;

B. taking and detaining any bull for the purpose of improving livestock, without the consent of the owner;

C. intentionally separating offspring of livestock from the mother, unless branded. Provided that, when milk cows, which are actually used to furnish milk for household or dairy purposes, have calves, that are unbranded, such young animals may be separated from their mother and inclosed; or

D. confining, or in any manner interfering with the freedom of, or selling, or offering to sell, any freshly branded animal, unless such animal has been previously branded with an older and duly recorded brand for which the person has a legally executed bill of sale from the owner of such brand or unless such animals are with their mother, or unless such animals are the calves of milk cows when such cows are actually used to furnish milk for household purposes or for carrying on a dairy; but in every such case the person, firm or corporation, separating calves from their mother for either of these purposes shall, upon the demand of any sheriff, inspector or other officer, produce, in a reasonable time, the mother of each of such calves so that interested parties may ascertain if the cow does or does not claim and suckle such calf.

Whoever commits illegal confinement of animals is guilty of a misdemeanor.

History: 1953 Comp., § 40A-18-5, enacted by Laws 1963, ch. 303, § 18-5; 1965, ch. 3, § 1.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Indictment adequate. — An indictment under Laws 1901, ch. 23, § 1 (former 40-4-29, 1953 Comp.), prohibiting separation of calves under seven months old from their mothers, was valid, even though it did not directly and positively allege that calves were under seven months of age, it using the words "the said calves being then and there under seven months of age." State v. Brooken, 1914-NMSC-075, 19 N.M. 404, 143 P. 479 (decided under prior law).

Evidence sufficient. — Evidence that calf was found chained in depression in defendant's pasture and that defendant's riding horse was seen close to such depression was sufficient to support conviction under Laws 1901, ch. 23, § 1 (former 40-4-29, 1953 Comp.). State v. Blevins, 1935-NMSC-083, 39 N.M. 532, 51 P.2d 599 (decided under prior law).