What Is the Law on Abuse of Authority in New Mexico and What Are the Punishments for it?
Abuse of Authority includes any instance where an individual uses their power or post in order to conduct some sort of illegal activity or to coerce or bully their juniors, co-workers or staff members into doing their illegal work for them. most commonly, abuse of authority is recognized by an individual taking money from another party or organization to do some work for them. However, in addition to this, this act can also be recognized by how an individual makes people around them commit acts that they do not want to do.
Punishment of Abuse of Authority in the State of New Mexico
Abuse of Authority in the State of New Mexico is categorized into felonies and misdemeanors- any crime which warrants a prison time of 364 days or less is a Misdemeanor, and any crime that warrants a prison time of more than a year is counted as a Felony. In addition to this, the seriousness of these crimes is classified according to the basis of their severity, the post of the person involved, the amount of money that the individual embezzled, and whether or not they have committed such a crime before. The punishments for Abuse of Authority in the State of New Mexico include the following:
Third Degree Felonies
- Giving or taking a bribe from another person.
- Bribing an employee of the state, a public official, or a police officer in order to make them do some work for the individual.
For a felony of the third degree, the convict is faced with maximum prison time of three years, a fine of up to $5,000, or both, depending on the extent of the crime and the people involved with it.
Fourth Degree Felonies
- Having some unwarranted or illegal interest in a public document or contract, especially one which is out of the jurisdiction of the individual. The contract should be summing up to any amount over $50. In addition to the normal penalties, an individual found guilty of unwarranted interest in a case will also face immediate disqualification from their post, expulsion from the office, and a permanent blacklist from running for any office.
- An individual holding a receipt of obtaining something valuable after performing an official act, something which they should not have been technically receiving an award for.
- In a declaration of candidacy, if an individual puts in promises which may not be fully truthful, or if they promise to work on something deemed unsolvable, then they are liable to be held accountable.
The punishment for a fourth-degree felony includes a maximum jail time of up to 18 months, a fine of $5,000, or both, depending on the extent of the crime and the people involved.
- Violating any statutes relating to gifts, for example accepting expensive gifts while on the job.
A Petty Misdemeanor will land the individual in jail for maximum prison time of up to 6 months, a fine of $500 or more, depending on the extent of the crime and the number of the people involved.
The State Ethics Commission looks at all the cases relating to the Financial Disclosure Act, including declaring one's financial assets in a public manner. Any violations with regards to this act are punishable by a civil restraining order, which includes a penalty of $250 for every violation of $5000. The State Ethics Commission also has the ability to impose civil liberty of up to $1,000 for every violation of the procurement code.