New Mexico
Weird Laws in New Mexico: Which Are Still on the Books?
Independently fact-checked against primary sources (last audited October 21, 2026). How we verify our legal content
We checked three claims from popular lists of weird New Mexico laws against the New Mexico Statutes Annotated, reading the criminal code and the chapter on municipalities, as of October 21, 2026. One turned out to be a real and serious statute. For the other two, no state law was found. For other states, see our weird laws by state guide.
Weird laws in New Mexico: the verdicts
Each claim below was checked against the New Mexico code and, where it names a town, the local code. 3 claims checked.
The claim: Spitting on sidewalks, public buildings or the steps of the opera house is illegal.
What the law says: No New Mexico statute found prohibiting spitting on sidewalks, public buildings, or opera house steps. The only spitting hits in the criminal code (ch. 30) are case annotations treating spitting on a peace officer as battery on a peace officer. Such sidewalk rules, if they exist, would be municipal ordinances.
No state law found in the New Mexico code as of October 21, 2026.
How we searched
We searched the full text of the New Mexico Statutes Annotated for spitting or expectorating in public or on an opera house, and read the criminal code, its public peace article and the municipalities chapter.
Parts of the code read
- New Mexico Statutes Annotated Chapter 30 (Criminal Offenses), full text
- New Mexico Statutes Annotated Chapter 30, Article 20 (offenses against the public peace, including disorderly conduct)
- New Mexico Statutes Annotated Chapter 3 (Municipalities), full text
No town code was checked for this claim.
Primary source · Checked October 21, 2026.
The claim: Dancing in a sombrero is banned.
What the law says: No New Mexico statute found banning dancing in a sombrero. The word 'sombrero' appears nowhere in NMSA ch. 3 or ch. 30, or in the corpus.
No state law found in the New Mexico code as of October 21, 2026.
How we searched
We searched the full text of the New Mexico Statutes Annotated for any rule on sombreros or dancing in hats, and read the criminal code sections on indecent dancing and public peace and the municipalities chapter.
Parts of the code read
- New Mexico Statutes Annotated Chapter 30 (Criminal Offenses), full text
- New Mexico Statutes Annotated Chapter 30, Article 9 (sex offenses, including indecent dancing) and Article 20 (offenses against the public peace)
- New Mexico Statutes Annotated Chapter 3 (Municipalities), full text
No town code was checked for this claim.
Primary source · Checked October 21, 2026.
The claim: Dueling is illegal.
What the law says: NMSA 30-20-11 makes dueling a fourth degree felony: challenging someone to a duel with a deadly weapon or accepting such a challenge (whether or not the duel happens), fighting a duel with a deadly weapon, or aiding, encouraging or seconding a duelist while present when deadly weapons are used.
“Whoever commits dueling is guilty of a fourth degree felony.”
Penalty: fourth degree felony
Last cited by a court: State v. Tafoya (2018)
Primary source · Checked October 21, 2026.
Checked October 21, 2026. This is legal history and information, not legal advice. Laws change; the linked official text is the authority.
Dueling: a felony, not a curiosity
The claim that dueling is illegal in New Mexico is true, and the statute covers more than the fight itself. NMSA 30-20-11 states it plainly:
Whoever commits dueling is guilty of a fourth degree felony.
The statute counts several acts as dueling. Challenging another person to a duel with a deadly weapon is one, and so is accepting that challenge, whether or not the duel ever happens. Fighting a duel with a deadly weapon is covered, as is aiding, encouraging or seconding a duelist while present when deadly weapons are used.
Spitting and the opera house steps
No New Mexico statute was found that bans spitting on sidewalks, on public buildings or on the steps of an opera house. We searched the full statutes and read the criminal code, its article on offenses against the public peace and the municipalities chapter. The only spitting references in the criminal code are case annotations that treat spitting on a peace officer as battery on a peace officer.
A sidewalk spitting rule, if one exists, would be a city ordinance rather than state law. No city code was checked for this claim.
The sombrero claim
The word sombrero does not appear anywhere in the criminal code or the municipalities chapter. We also read the criminal code's article on sex offenses, which includes indecent dancing, and its public peace article. No rule on sombreros or dancing in hats was found in either.
Frequently Asked Questions
Is dueling illegal in New Mexico?
Yes. NMSA 30-20-11 makes dueling a fourth degree felony. It covers challenging someone to a duel with a deadly weapon or accepting the challenge, whether or not the duel happens, fighting such a duel, and aiding, encouraging or seconding a duelist while present when deadly weapons are used.
Is it illegal to spit on the sidewalk in New Mexico?
No New Mexico statute was found that bans spitting on sidewalks, public buildings or opera house steps, as of October 21, 2026. The only spitting references in the criminal code are case annotations treating spitting on a peace officer as battery on a peace officer. City ordinances were not checked.
Is dancing in a sombrero banned in New Mexico?
No such law was found. The word sombrero does not appear in the New Mexico criminal code or the municipalities chapter, as of October 21, 2026.
What are some weird laws in New Mexico?
Of the 3 claims checked, the one on the books is the dueling statute, NMSA 30-20-11, which makes even accepting a challenge to a duel with a deadly weapon a fourth degree felony.
Updates
Independently fact-checked against the cited primary sources
Sources and References
- New Mexico Statutes Annotated, including NMSA 30-20-11, dueling (New Mexico Compilation Commission, NMOneSource)(nmonesource.com)
- State v. Tafoya (2018)(courtlistener.com)