Furnishing articles for prisoner's escape consists of:

A. intentionally giving to any person in lawful custody or confinement any deadly weapon or explosive substance, without the express consent of the officer in charge of such place of confinement; or

B. intentionally giving to any person in lawful custody or confinement any disguise, instrument, tool or other thing useful to aid any prisoner to effect an escape, with intent to assist a prisoner to escape from custody.

Whoever commits furnishing articles for prisoner's escape is guilty of a second degree felony.

History: 1953 Comp., § 40A-22-12, enacted by Laws 1963, ch. 303, § 22-12.

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

Cross references. — For definition of deadly weapon, see 30-1-12 NMSA 1978.

Merger of this section and assisting escape. — The charges of assisting escape and furnishing articles for escape should not be merged for sentencing purposes when the facts supporting the convictions are not identical in that the jury could properly have found that the defendant's participation in the escape extended significantly beyond furnishing tangible objects to effect the escape. State v. Gibson, 1992-NMCA-017, 113 N.M. 547, 828 P.2d 980, cert. denied, 113 N.M. 524, 828 P.2d 957.

Evidence sufficient to support conviction. — There was sufficient evidence to convict where (1) defendant planned the escape with others; (2) defendant agreed to provide a gun for the escape and said that he had obtained the gun; (3) a co-defendant delivered the gun to the escapees; and (4) after the escape defendant provided bullets for the gun. State v. Gibson, 1992-NMCA-017, 113 N.M. 547, 828 P.2d 980, cert. denied, 113 N.M. 524, 828 P.2d 957.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Nature and elements of offense of conveying contraband to state prisoner, 64 A.L.R.4th 902.