Demanding illegal fees consists of any public officer or public employee knowingly asking or accepting anything of value greater than that fixed or allowed by law for the execution or performance of any service or duty.

Whoever commits demanding illegal fees is guilty of a petty misdemeanor.

History: 1953 Comp., § 40A-23-1, enacted by Laws 1963, ch. 303, § 23-1.

Cross references. — For section making knowingly demanding or receiving illegal fees one of the grounds for discharge of local officer, see 10-4-2 NMSA 1978.

Not lesser included offense of Section 30-23-2 NMSA 1978. — The offense of demanding illegal fees, as contained in this section, is not a lesser included offense of paying or receiving public money for services not rendered under Section 30-23-2 NMSA 1978. State v. Casteneda, 1982-NMCA-046, 97 N.M. 670, 642 P.2d 1129.

Municipal court fees. — Absent statutory authority, a municipality may not charge filing fees or other cost for cases filed in its municipal courts. 1968 Op. Att'y Gen. No. 68-65.

Unauthorized inspection fees. — For the cattle sanitary board (now the livestock board) to charge slaughterhouses any inspection fees which are not authorized expressly by statute might put the board in possible criminal jeopardy in view of this section. 1966 Op. Att'y Gen. No. 66-128.

Dual salaries. — An individual employed as a full-time district court reporter and as a deputy court clerk over the same period of time may not receive salaries for both jobs. 1964 Op. Att'y Gen. No. 64-152.

Law reviews. — For annual survey of New Mexico law relating to criminal law, see 12 N.M.L. Rev. 229 (1982).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 63A Am. Jur. 2d Public Officers and Employees §§ 407, 410.

67 C.J.S. Officers §§ 255 to 263.