§ 38-307. Injuring or tampering with a motor vehicle.

(a)

No person shall individually or in association with one or more others do any of the following:

(1)

Purposely, and without authority from the owner, start or cause to be started the engine of any motor vehicle;

(2)

Purposely and maliciously shift or change the starting device or gears of a standing motor vehicle to a position other than that in which they were left by the owner or driver of the motor vehicle;

(3)

Purposely scratch or damage the chassis, running gear, body, sides, top covering, or upholstering of a motor vehicle which is the property of another;

(4)

Purposely destroy any part of a motor vehicle or purposely cut, mash, mark or in any other way destroy or damage any part, attachment, fastening or appurtenance of a motor vehicle, without the permission of the owner;

(5)

Purposely drain or start the drainage of any radiator, oil tank or gas tank upon a motor vehicle, without the permission of the owner;

(6)

Purposely put any metallic or other substance or liquid in the radiator, carburetor, oil tank, grease cup, oilers, lamps, gas tanks, or machinery of the motor vehicle with the intent to injure or damage the same or impede the working of the machinery thereof;

(7)

Maliciously tighten or loosen any bracket, bolt, wire, nut, screw or other fastening on a motor vehicle; or

(8)

Purposely release the brake upon a standing motor vehicle with the intent to injure the machine.

(b)

The provisions of subsection (a) of this section shall not apply to a police officer or member of the fire department or street maintenance department who in discharge of his duty legally moves or causes to be moved any unattended vehicle, nor to any person who moves the vehicle at the direction of or in compliance with orders from a police officer or member of the fire department or street maintenance department who in the discharge of his duties legally orders or directs the moving of the unattended vehicle.

(Ord. No. 85-218, § 2, 1995; Code 1985, § 10.06.067; Ord. No. 02-236, § 25, 12-17-2013)

State law reference

Similar provisions, NMSA 1978, § 30-16D-5.