New Mexico Statutes 31-27-3. Definitions
As used in the Forfeiture Act: A. “abandoned property”:
Terms Used In New Mexico Statutes 31-27-3
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Personal property: All property that is not real property.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Statute: A law passed by a legislature.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) is not subject to the provisions of Section 29-1-14 N.M. Stat. Ann.;
(2) means personal property the rights to which and the control of which an owner has intentionally relinquished; and
(3) does not mean real property;
B. “actual knowledge” means a direct and clear awareness of information, a fact or a condition;
C. “contraband” means goods that may not be lawfully imported, exported or possessed, including drugs that are listed in Schedule I, II, III, IV or V of the Controlled Substances Act [N.M. Stat. Ann. Chapter 30, Article 31] and that are possessed without a valid prescription;
D. “conveyance” means a device used for transportation and:
(1) includes a motor vehicle, trailer, snowmobile, airplane, vessel and any equipment attached to the conveyance; but (2) does not include property that is stolen or taken in violation of a law;
E. “conviction” or “convicted” means that a person has been found guilty of a crime in a trial court whether by a plea of guilty or nolo contendere or otherwise and whether the sentence is deferred or suspended;
F. “crime” means a violation of a criminal statute for which property of the offender is subject to seizure and forfeiture;
G. “instrumentality” means all property that is otherwise lawful to possess that is used in the furtherance or commission of an offense to which forfeiture applies and includes land, a building, a container, a conveyance, equipment, materials, a product, a computer, computer software, a telecommunications device, a firearm, ammunition, a tool, money, a security and a negotiable instrument and other devices used for exchange of property;
H. “law enforcement agency” means the employer of a law enforcement officer who is authorized to seize or has seized property pursuant to the Forfeiture Act;
I. “law enforcement officer”:
(1) means a state or municipal police officer, county sheriff, deputy sheriff, conservation officer, motor transportation enforcement officer or other state employee authorized by state law to enforce criminal statutes; but (2) does not mean a correctional officer;
J. “owner” means a person who has a legal or equitable ownership interest in property;
K. “property” means tangible or intangible personal property or real property;
L. “property subject to forfeiture” means property or an instrumentality declared to be subject to forfeiture by the Forfeiture Act or a state law outside of the Forfeiture Act; and
M. “secured party” means a person with a security or other protected interest in property, whether the interest arose by mortgage, security agreement, lien, lease or otherwise; the purpose of which interest is to secure the payment of a debt or protect a potential debt owed to the secured party.