New Mexico Disorderly Conduct and Trespass Laws (2026)

New Mexico makes disorderly conduct a petty misdemeanor under section 30-20-1 of the New Mexico Statutes Annotated (NMSA 1978), punishable by up to 6 months in county jail, a fine of up to $500, or both. The statute covers violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct "which tends to disturb the peace," and maliciously disturbing, threatening or insolently touching an occupied house.

Criminal trespass under section 30-14-1 has no degrees and is never a felony: it is a misdemeanor, punishable by a jail term of less than one year, a fine of up to $1,000, or both. The felony entry offenses are breaking and entering (section 30-14-8) and burglary, which go beyond trespass. For other states, see our guide to disorderly conduct and trespass laws by state.

Information last verified on 2026-10-18. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers New Mexico state criminal statutes on disorderly conduct and public order (NMSA 1978 Chapter 30, Article 20), the Demonstrations at Funerals and Memorial Services Act (Article 20B), emergency proclamations under the Riot Control Act (Chapter 12, Article 10), and criminal trespass and related entry offenses (Chapter 30, Article 14). It does not cover local noise ordinances and quiet hours (see New Mexico noise laws), the civil eviction and squatter-removal process (see New Mexico squatters' rights), use of force against an intruder (see New Mexico self-defense laws), civil trespass suits, local ordinances, or federal property rules.

What is disorderly conduct in New Mexico?

Section 30-20-1 is short. It reads in full:

"Disorderly conduct consists of: A. engaging in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct which tends to disturb the peace; or B. maliciously disturbing, threatening or, in an insolent manner, intentionally touching any house occupied by any person. Whoever commits disorderly conduct is guilty of a petty misdemeanor." (NMSA 1978 30-20-1)

Clause A names no mental-state word, but its last phrase does real work: the conduct must be one that "tends to disturb the peace." The "unreasonably loud" language is the statute's only noise rule; quiet hours and decibel limits are set locally, as explained on our New Mexico noise laws page.

How the New Mexico Supreme Court reads the statute

In State v. Correa, 2009-NMSC-051, 147 N.M. 291, the New Mexico Supreme Court construed clause A. Quoting earlier case law, it said: "This statutory provision has two elements: the conduct itself and the tendency of the conduct to disturb the peace." The court added that both must be present and that it has "construed the statute narrowly and, '[u]nless the acts complained of fall clearly within the statute, they are not disorderly.'"

Correa also addressed intoxication. The court concluded that the Detoxification Reform Act "does not preclude the State from charging an accused with disorderly conduct when the accused's conduct otherwise satisfies the statutory elements of the charge, regardless of whether the offender is intoxicated." On the record in that case, it found the evidence insufficient and reversed the conviction. The decision did not strike any part of section 30-20-1 and did not address clause B.

The penalty

A petty misdemeanor is New Mexico's lowest criminal grade. Under section 31-19-1(B), the judge "shall sentence the person to be imprisoned in the county jail for a definite term not to exceed six months or to the payment of a fine of not more than five hundred dollars ($500) or to both." Section 30-20-1 has no aggravated or repeat-offender form.

Swearing, yelling and being drunk in public

Profane or boisterous conduct falls under clause A only when it "tends to disturb the peace," and Correa requires both elements. Chapter 30 contains no stand-alone public-intoxication offense. The Detoxification Reform Act states that "It is the policy of this state that intoxicated and incapacitated persons may not be subjected to criminal prosecution, but rather should be afforded protection" (section 43-2-3), but under Correa that policy does not bar a disorderly conduct charge when the statute's elements are met.

Related public-order offenses in New Mexico

Article 20 of Chapter 30 is a short public-order article. Among its offenses:

Public affray and unlawful assembly

"Public affray consists of two or more persons voluntarily or by agreement engaging in any fight or using any blows or violence toward each other in an angry or quarrelsome manner in any public place, to the disturbance of others." (NMSA 1978 30-20-2)

Unlawful assembly (section 30-20-3) "consists of three or more persons assembling together with intent to do any unlawful act with force or violence against the person or property of another, and who shall make any overt act to carry out such unlawful purpose." Both are petty misdemeanors. For fights that injure someone, see New Mexico assault and battery laws.

No riot offense in the criminal code, but emergency proclamations carry penalties

Chapter 30 contains no stand-alone riot or failure-to-disperse offense. The riot-related law is the Riot Control Act, now in Chapter 12, Article 10. On request of a mayor, sheriff or governing body, and after finding that a public disorder, disaster or emergency exists, the governor may proclaim a state of emergency and then prohibit, among other things, "any person being on the public streets, in the public parks or at any other public place during the hours proclaimed by the governor to be a period of curfew" and "any designated number of persons from assembling or gathering" in public places (sections 12-10-17 to 12-10-19). The emergency "terminates automatically at noon on the third day after it becomes effective unless sooner terminated by proclamation of the governor."

Violating those restrictions is a crime under section 12-10-20:

"Any person who, during a state of emergency, fails to comply with restrictions imposed by proclamation of the governor under the Riot Control Act ... is guilty of a misdemeanor, and upon conviction of a second or subsequent offense under this section is guilty of a fourth degree felony."

Funerals and memorial services

The Demonstrations at Funerals and Memorial Services Act (sections 30-20B-1 to 30-20B-5) applies to a person acting "with knowledge of the existence of a funeral or funeral site." It prohibits loud singing, music, chanting, yelling or other noisemaking within 500 feet of any entrance or exit of the funeral site when it "is audible at and disturbing to the peace and good order of a funeral"; directing abusive epithets or threatening gestures likely to provoke a violent reaction; displaying within 500 feet images that "convey fighting words or actual threats"; knowingly obstructing access to the site or a funeral procession; and knowingly engaging in targeted residential picketing at a surviving family member's home on the date of the funeral. A "funeral site" includes a place where a funeral "is scheduled to be conducted within the next sixty minutes or has been conducted within the last sixty minutes."

The penalty climbs with each offense (section 30-20B-4): a first offense is a petty misdemeanor, a second offense is a misdemeanor, and "for the third and subsequent offenses," it is a fourth degree felony.

Public buildings, schools and other Article 20 offenses

• Interference with public buildings, officials and schools (section 30-20-13): among other acts, it prohibits willfully refusing to leave state or local government property when a lawful custodian asks, "if the person is committing, threatens to commit or incites others to commit any act which would disrupt, impair, interfere with or obstruct the lawful mission" of the property, and willfully interfering with the educational process of any public or private school. The section states that it does not prevent "lawful assembly and peaceful and orderly petition for the redress of grievances, including any labor dispute." A violation is a petty misdemeanor.
• Loitering of minors (section 30-20-10): despite its name, this is an offense by "the owner or operator of any saloon" who permits a person under 21 to attend, frequent or loiter on the premises without a parent or guardian. It is a petty misdemeanor. Article 20 contains no general loitering or prowling offense.
• Interference with an athletic event (section 30-20-18): intentionally throwing an object on or across the field of play of a scheduled sports event that charges the public admission, intending to interfere with it while the contestants are on the field, is a petty misdemeanor for anyone other than an official or contestant.
• Dueling (section 30-20-11): challenging another person to a duel with a deadly weapon, accepting such a challenge, fighting one, or aiding or seconding a party while present at one is a fourth degree felony.

Bomb scares, shooting threats, threatening calls and false reports

• Bomb scare (section 30-20-16(A)): intentionally and maliciously telling another person that a bomb or other explosive has been placed where people or property are likely to be injured or destroyed is a fourth degree felony.
• Shooting threat (section 30-20-16(B)): intentionally and maliciously communicating to another person a serious expression of intent to bring a firearm to a property or use it, with intent to place people in fear of great bodily harm, to prevent or interrupt the use of a public building, or to cause a law enforcement or emergency response, where that result actually occurs, is a fourth degree felony since June 20, 2025 (Laws 2025, ch. 4); before then it was a misdemeanor. For either offense, the court may order the person to reimburse the victim's economic harm, including lost wages and the overhead of a business shutdown.
• Telephone harassment (section 30-20-12): telephoning another with intent to terrify, intimidate, threaten, harass, annoy or offend and using obscene, lewd or profane language, suggesting a lewd or criminal act, or threatening injury; attempting extortion by phone; disturbing someone by repeated anonymous calls; or maliciously calling to annoy or disturb, is a misdemeanor, and a fourth degree felony for a person with a prior conviction for the same offense.
• False report (section 30-39-1): intentionally making a report to a law enforcement agency or official, known to be false, alleging that another person violated the Criminal Code is a misdemeanor.

Criminal trespass in New Mexico

The offense: section 30-14-1

Section 30-14-1 defines one offense, criminal trespass, in three forms:

"A. Criminal trespass consists of knowingly entering or remaining upon posted private property without possessing written permission from the owner or person in control of the land. ... B. Criminal trespass also consists of knowingly entering or remaining upon the unposted lands of another knowing that such consent to enter or remain is denied or withdrawn by the owner or occupant thereof. ... C. Criminal trespass also consists of knowingly entering or remaining upon lands owned, operated or controlled by the state or any of its political subdivisions knowing that consent to enter or remain is denied or withdrawn by the custodian thereof."

Subsection A provides that it does not apply where the owner or person in control of the land has an agreement with the department of wildlife opening the land to the public for hunting or fishing, or where the person holds a landowner license from the owner granting hunting or fishing access to that land.

The posted/unposted distinction matters. On posted private land, the question is whether the person had written permission. On unposted land, the person must know that consent was denied or withdrawn, and "Notice of no consent to enter shall be deemed sufficient notice to the public and evidence to the courts, by the posting of the property at all vehicular access entry ways."

Grade and penalty

"Whoever commits criminal trespass is guilty of a misdemeanor" (section 30-14-1(E)). Under section 31-19-1(A), that means a county jail term "for a definite term less than one year" or a fine of up to $1,000, or both. Subsection E adds that a person who violates subsection A, B or C "when in connection with hunting, fishing or trapping activity, shall have his hunting or fishing license revoked" by the state wildlife commission for at least three years. New Mexico has no felony form of criminal trespass.

Two related offenses sit in the same section:

• Damaging land or improvements (section 30-14-1(D)): entering another's land without prior permission and injuring, damaging or destroying the realty or its improvements, such as buildings, structures, trees, shrubs or natural features, is a misdemeanor, and the person is also civilly liable for double the damage.
• Tampering with a "no trespass" sign (section 30-14-1(F)): "Whoever knowingly removes, tampers with or destroys any 'no trespass' sign is guilty of a petty misdemeanor," unless the damage to the sign is more than $1,000, which makes it a misdemeanor.

Being told to leave, posted land and fenced land: section 30-14-1.1

An older section, still in the code, lists three more trespass misdemeanors:

"A. Any person who enters and remains on the lands of another after having been requested to leave is guilty of a misdemeanor. B. Any person who enters upon the lands of another when such lands are posted against trespass at every roadway or apparent way of access is guilty of a misdemeanor. C. Any person who drives a vehicle upon the lands of another except through a roadway or other apparent way of access, when such lands are fenced in any manner, is guilty of a misdemeanor."

Subsection A is the statute's "requested to leave" rule: remaining after a request to leave is a misdemeanor in its own right.

No Trespassing signs: section 30-14-6

New Mexico has no purple paint law. Its posting statute, section 30-14-6, prescribes signs only. An owner, lessee or person in possession who wants to post land "shall post notices parallel to and along the exterior boundaries of the property to be posted, at each roadway or other way of access in conspicuous places, and if the property is not fenced, such notices shall be posted every five hundred feet along the exterior boundaries of such land." Each notice must:

1. "be printed legibly in English";
2. "be at least one hundred forty-four square inches in size";
3. "contain the name and address of the person under whose authority the property is posted or the name and address of the person who is authorized to grant permission to enter the property"; and
4. "be placed at each roadway or apparent way of access onto the property, in addition to the posting of the boundaries."

Notices must also state any specific prohibition, such as no trespassing, no hunting or no fishing. Section 30-14-6 does not apply to state or federal land, and posting public lands contrary to state or federal law or regulation is a petty misdemeanor (section 30-14-6(C)).

Hunting and fishing on private land

The wildlife code has its own notice rule for enclosed private land. Under section 17-4-6, the owner or lessee publishes notices in English and Spanish, posts them in at least six conspicuous places on the premises, publishes them for three consecutive weeks in a newspaper of general circulation in the county, and, where a public road enters or crosses the land, posts an additional notice within 300 yards of where each public road enters; after that, "it is a misdemeanor for any person to enter the premises for the purpose of hunting or fishing or to kill or injure any bird, animal or fish within the enclosure or pasture without permission of the owner or lessee." Section 17-2-10(A) makes a violation of Chapter 17 a misdemeanor sentenced under section 31-19-1. Subsection C provides that no person engaged in hunting, fishing, trapping, camping, hiking, sightseeing, boating or other recreational use "shall walk or wade onto private property through non-navigable public water or access public water via private property unless the private property owner or lessee or person in control of private lands has expressly consented in writing."

Public property

Wrongful use of public property (section 30-14-4) covers, among other acts, knowingly entering public property that is not open to the public without the custodian's permission, and depriving the public of a property's customary use. It is a petty misdemeanor, and "Any person who commits wrongful use of public property after having been requested to leave by the lawful custodian or his representative or any peace officer, who has jurisdiction, is guilty of a misdemeanor." In State v. Jaramillo, 83 N.M. 800, 498 P.2d 687 (Ct. App. 1972), the Court of Appeals held that paragraph A(2) of the section (then numbered 40A-14-5(A)(2)), which covers remaining on public property after a custodian's request based on the custodian's determination that the use is contrary to its intended or customary use, "cannot be applied because there are no standards by which the custodian could determine a use or occupancy contrary to intended or customary use," and was an unlawful delegation of legislative power.

At premises used for defense production or for utilities such as gas, oil, electricity or water, section 30-21-3 lets a peace officer or guard stop and detain a person found where entry is forbidden and "such premises are clearly posted with signs prohibiting entry," and arrest "on the charge of committing the crime of criminal trespass." The charge is ordinary criminal trespass.

Squatting

Chapter 30 contains no squatting offense, and bills to create a crime of unlawful squatting did not become law: 2025 HB 332 went to committee and did not pass, and 2026 HB 144 was not printed and shows "Action Postponed Indefinitely." Removing an unauthorized occupant is a civil matter; the code points forcible entry and detainer to section 35-10-1 and following. See New Mexico squatters' rights for that process. Questions about force against a trespasser belong to New Mexico self-defense laws.

Where trespass becomes a felony offense: breaking and entering and burglary

Breaking and entering (section 30-14-8) "consists of the unauthorized entry of any vehicle, watercraft, aircraft, dwelling or other structure, movable or immovable, where entry is obtained by fraud or deception, or by the breaking or dismantling" of any part of it or any device used to secure it. It is a fourth degree felony and requires no intent to commit another crime. Burglary (section 30-16-3) requires unauthorized entry "with the intent to commit any felony or theft therein"; it is a third degree felony for a dwelling and a fourth degree felony for other structures and vehicles.

New Mexico disorderly conduct and trespass penalties at a glance

Misdemeanor and petty misdemeanor ranges come from section 31-19-1, and felony basic sentences and fines from section 31-18-15. For the full table of New Mexico offense grades, see New Mexico felony degrees and misdemeanor sentences.

Recent changes

The disorderly conduct, affray, unlawful assembly and criminal trespass sections have not been amended in decades; section 30-20-1 dates its current text to 1967.

• Laws 2025, ch. 4 (2025 HB 8), s. 16, effective June 20, 2025: made a shooting threat under section 30-20-16 a fourth degree felony (formerly a misdemeanor), added the requirements that the threat be made maliciously (it already had to be intentional) and be a serious expression, and that the intended result actually occur, and changed the bomb-scare element from "falsely" to "intentionally."
• Laws 2025, ch. 9, s. 11: renamed the department of game and fish as the department of wildlife (and the state game commission as the state wildlife commission), which changes only the agency name in section 30-14-1.

Squatting bills in 2025 (HB 332) and 2026 (HB 144) did not pass and are not law.

Related New Mexico laws

• Disorderly conduct and trespass laws by state
• New Mexico noise laws
• New Mexico felony degrees and misdemeanor sentences
• New Mexico squatters' rights
• New Mexico self-defense laws
• New Mexico assault and battery laws
• New Mexico expungement laws
• Arizona disorderly conduct and trespass laws
• Texas disorderly conduct and trespass laws
• How to charge someone with trespassing

Federal law separately governs conduct on federal property and at the U.S. Capitol; our state-by-state hub covers that layer.

This article provides general legal information about New Mexico disorderly conduct, public-order and criminal trespass statutes as of 2026-10-18. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in New Mexico.

Last updated: 2026-10-18.

Frequently Asked Questions

What is disorderly conduct in New Mexico?

Under NMSA 30-20-1, disorderly conduct is violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct which tends to disturb the peace, or maliciously disturbing, threatening or insolently touching an occupied house.

Is disorderly conduct a misdemeanor in New Mexico?

It is a petty misdemeanor, the lowest criminal grade. Under 31-19-1(B), the penalty is up to 6 months in county jail, a fine of up to $500, or both.

Can you get disorderly conduct for swearing in New Mexico?

Profane conduct is listed in 30-20-1(A), but the conduct must also tend to disturb the peace. In State v. Correa (2009), the New Mexico Supreme Court said both elements must be present and that the statute is construed narrowly.

Is public intoxication a crime in New Mexico?

Chapter 30 has no stand-alone public-intoxication offense, and state policy under 43-2-3 is that intoxicated persons may not be subjected to criminal prosecution. In State v. Correa, the Supreme Court held that policy does not bar a disorderly conduct charge when that statute's elements are met.

Is trespassing a felony in New Mexico?

No. Criminal trespass under 30-14-1 is a misdemeanor in every form: a jail term under one year, up to $1,000, or both. Breaking and entering (30-14-8) and burglary (30-16-3) are separate felonies.

Does New Mexico have a purple paint law?

No. Section 30-14-6 uses signs: legible English notices at least 144 square inches with a name and address, placed along the boundaries and at each roadway or way of access, and every 500 feet if the land is not fenced.

What happens if you refuse to leave property in New Mexico?

Under 30-14-1.1(A), anyone who enters and remains on the lands of another after being requested to leave is guilty of a misdemeanor. Wrongful use of public property (30-14-4) is a misdemeanor, rather than a petty misdemeanor, when committed after the lawful custodian or a peace officer requested the person to leave.

Is squatting a crime in New Mexico?

Chapter 30 contains no squatting offense. Bills to create one, 2025 HB 332 and 2026 HB 144, did not pass. Removing an occupant is handled through the civil forcible entry and detainer process.

Is breaking a curfew a crime in New Mexico?

During a governor's state of emergency under the Riot Control Act, failing to comply with proclaimed restrictions such as a curfew is a misdemeanor, and a second or later offense is a fourth degree felony (12-10-20).