New Malverne State Criminal Code

REV. 1.0

THE STATE OF NEW MALVERNE PENAL CODE, COURT PROCEDURE AND LEGAL SYSTEM TAKES LEGAL PRECEDENCE FROM UNITED STATES STANDARDS OF LEGAL PRACTICES. IF APPLICABLE, CASE LAW AND PRECEDENT SET BY FEDERAL COURTS OR ‘U.S COMMON LAW’ STATES MAY BE INTRODUCED. ROLEPLAY COUNSEL SHALL INTRODUCE CASE LAW OOCLY TO THE JUDGE IN PRESENCE OF OPPOSING COUNSEL TO DETERMINE IF IT ICLY FITS THE NEW MALVERNE STANDARD OF PRECEDENTS. 

ALL LAW ENFORCEMENT OPERATING IN NEW MALVERNE SHALL PRACTICE COMMON US POLICING, US SUPREME COURT FINDINGS WHEN OBTAINING/EXERCISING ARREST WARRANTS, SEARCH WARRANTS, ALONG WITH PROTECTIONS OR RIGHTS UPHELD BY THE US CONSTITUTION.

Title I

PRETEXT AND DEFINITIONS

1-01. PRETEXT

This document and laws within, are to ensure the safety the people of New Malverne State and a fair process of criminal penalties within the state. All statues within this document are standing. 

1-02. CITATION

Code should be cited with Title ‘x’ following, the chapter or sub-chapter. 

1-03. DEFINITIONS

Stand Your Ground and Duty to Retreat
The State of New Malverne does not recognize “Stand Your Ground” or the Duty to Retreat as a legal precedent for claims of self defense, Self Defense claims are held to a Standard of Reasonableness as defined below.

Standard of Reasonableness
In the use of Deadly Force for self defense, the defender must meet the burden of proof that a reasonable person when placed in the same circumstance would react in the same manner. The level of force used must be proportionate to the level of force exhibited.

Victim Recant
A victim may not drop charges against a person(s) if the charges are any class of Felony. Once law enforcement or the DAs Office files charges, it is no longer between the victim and the defendant, instead the State and the defendant.

Violent Offender Clause
Any Individual who has accumulated a total of 40 offenses categorized as Violent Felonies shall be subject to a mandatory hold and hearing to determine further punishments. Punishments include and are not limited to:

• Seizure of Assets
• Life in Prison with or without the possibility of Parole
• Death

Non-Responsive Offender Clause
An Offender in processing is to be given 3 genuine opportunities to provide their plea to Law Enforcement within a 15 minute time frame of arrival into the Holding/Processing area. If the offender fails to complete this basic task and provide a plea Law Enforcement are to enter a plea on their behalf of Nolo Contendere.

State Property Search of Person or Vehicle by County Wildlife Official

The State of New Malverne is designated the owner of all wildlife and authorizes the state to control, propagate, manage and protect all wildlife. In protecting the wildlife, game wardens, fish wardens, each deputy warden, and each law enforcement officer of the State of New Malverne are by statute given a right of search. This right includes the searching of automobiles or persons for wildlife which the warden or officer shall have reason to believe was taken or is possessed in violation of the laws of New Malverne and the search may be made without a warrant.

Seizure of Hunting/Fishing equipment
Any New Malverne Law Enforcement Officer may confiscate and or seize/destroy any equipment used in violation of Fish and Game Codes

• “Act” means a bodily movement, whether voluntary or involuntary, and includes speech.
• “Actor” means a person whose criminal responsibility is in issue in a criminal action. Whenever the term “suspect” is used in this code, it means “actor.”
• “Agency” includes authority, board, bureau, commission, committee, council, department, district, division, and office.
• “Alcoholic beverage” has the meaning assigned by Alcoholic Beverage Code.
• “Another” means a person other than the actor.
• “Association” means a government or governmental subdivision or agency, trust, partnership, or two or more persons having a joint or common economic interest.
• “Benefit” means anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested.
• “Bodily injury” means physical pain, illness, or any impairment of physical condition.
• “Civil commitment facility” means a facility owned, leased, or operated by the state, or by a vendor under contract with the state, that houses only persons who have been civilly committed.
• “Coercion” means a threat, however communicated:
• to commit an offense; to inflict bodily injury in the future on the person threatened or another; to accuse a person of any offense; to expose a person to hatred, contempt, or ridicule; to harm the credit or business repute of any person; or to take or withhold action as a public servant, or to cause a public servant to take or withhold action.
• “Conduct” means an act or omission and its accompanying mental state.
• “Consent” means assent in fact, whether express or apparent.
• “Controlled substance” has the meaning assigned by state substance definitions.
• “Corporation” includes nonprofit corporations, professional associations created pursuant to statute, and joint stock companies.
• “Correctional facility” means a place designated by law for the confinement of a person arrested for, charged with, or convicted of a criminal offense. The term includes: a municipal or county jail; a confinement facility operated by New Malverne State; and a community corrections facility operated by a community supervision and corrections department.
• “Criminal negligence” is defined below sections.
• “Dangerous drug” has the meaning assigned by drug definitions, a threat to live or limb if used.
• “Deadly weapon” means: a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.
• “Drug” has the meaning assigned by section on substances.
• “Effective consent” includes consent by a person legally authorized to act for the owner. Consent is not effective if: induced by force, threat, or fraud; given by a person the actor knows is not legally authorized to act for the owner; given by a person who by reason of youth, mental disease or defect, or intoxication is known by the actor to be unable to make reasonable decisions; or given solely to detect the commission of an offense.
• “Electric generating plant” means a facility that generates electric energy for distribution to the public.
• “Electric utility substation” means a facility used to switch or change voltage in connection with the transmission of electric energy for distribution to the public.
• “Element of offense” means: the forbidden conduct; the required culpability; any required result; and the negation of any exception to the offense.
• “Felony” means an offense so designated by law or punishable by death or confinement in a penitentiary.
• “Government” means: the state; a county, municipality, or political subdivision of the state; or any branch or agency of the state, a county, municipality, or political subdivision.
• “Harm” means anything reasonably regarded as loss, disadvantage, or injury, including harm to another person in whose welfare the person affected is interested.
• “Individual” means a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth.
• “Law” means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, an order of a county commissioners court, or a rule authorized by and lawfully adopted under a statute.
• “Misdemeanor” means an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail.
• “Oath” includes affirmation.
• “Official proceeding” means any type of administrative, executive, legislative, or judicial proceeding that may be conducted before a public servant.
• “Omission” means failure to act.
• Owner” means a person who: has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor; or is a holder in due course of a negotiable instrument.
• “Peace officer” means a person elected, employed, or appointed as a peace officer.
• “Penal institution” means a place designated by law for confinement of persons arrested for, charged with, or convicted of an offense.
• “Person” means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code.
• “Possession” means actual care, custody, control, or management.
• “Public place” means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
• “Public servant” means a person elected, selected, appointed, employed, or otherwise designated as one of the following, even if he has not yet qualified for office or assumed his duties: an officer, employee, or agent of government; a juror or grand juror; or an arbitrator, referee, or other person who is authorized by law or private written agreement to hear or determine a cause or controversy; or an attorney at law or notary public when participating in the performance of a governmental function; or a candidate for nomination or election to public office; or a person who is performing a governmental function under a claim of right although he is not legally qualified to do so.
• “Reasonable belief” means a belief that would be held by an ordinary and prudent man in the same circumstances as the actor.
• “Rule” includes regulation.
• “Secure correctional facility” means: a municipal or county jail; 
• “Serious bodily injury” means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
• “Sight order” means a written or electronic instruction to pay money that is authorized by the person giving the instruction and that is payable on demand or at a definite time by the person being instructed to pay. The term includes a check, an electronic debit, or an automatic bank draft.
• “Swear” includes affirm.
• “Unlawful” means criminal or tortious or both and includes what would be criminal or tortious but for a defense not amounting to justification or privilege.
• “Death” includes, for an individual who is an unborn child, the failure to be born alive.
• The definition of a term in this code applies to each grammatical variation of the term.

1-04. Classification of Crimes

All penalties are classified in 1 of 3 ways. 

• Infraction – Minor violation of the penal code. Often of a traffic variety, results in a fine or loss of privilege. 
• Misdemeanor – Violation of penal code resulting in arrest, community service, incarceration, a fine or combination of multiple sentencing options. 
• Felony – Serious violation of penal code resulting in fine, jail, community service or all of the above. 

1-05. OOC Footnotes

All items in ((example)) are to be considered OOC. 

((The age of your character, mental state or other shall have no bearing on your location of imprisonment and no weight in sentencing. This document is not an attempt to create legal advice or offer limitations for a persons roleplay character. Fines, suspension of privileges or imprisonment is simply a part of criminal type roleplay, as hereby defined by this document. A player will receive no OOC notification for the legal penalties to come of their characters IC actions. This includes but is not limited to: warrants, search warrants, traffic stops, visual arrests, investigations, etc)) 

1-06. Warrants

Application for Arrest Warrants or Search Warrants for both person, property or electronic devices is done through a court submitted Warrant Affidavit. Law enforcement officers must develop probable cause through investigative means, meeting those regulations outlined in the constitution. 

1-07. Listening Devices

New Malverne is a one party state, which means only one person must give consent to be recorded. Under this, individuals may be recorded using such listening devices as a wire-tap, phone recorder or pocket sized recorder. Recordings along with linguistic analysis may be submitted into court as evidence. 

1-08. Witnesses and Statements

Witnesses to crimes or other actions may have their statement submitted into court as evidence, but only if the witness has signed a statement under penalty of perjury thus making their statement legally standing. Anonymous witnesses may be asked to testify in open court. 

1-09. Seizure 

All monies on hand, and property including vehicles or structures are subject to seizure if they are used in the commission of a crime, or are gained through the fruits of a crime. All money obtained through illegal means will be seized if its connection can be proven. 

Vehicle Seizure: 

If the crime caused the loss of life, or the offender has been using the vehicle often through instances to commit crimes such as speed racing, trafficking of illegal goods, etc. 

If a vehicle is used for Street Racing but the offender has no priors or is not a habitual offender (Over 3 Infractions of racing or aggressive driving) it is subject to an impound fee of $20,000-$50,000 based on the offense and vehicle value. The offenders vehicle may not be seized until the offender establishes a pattern of being a habitual offender.

IF SUPER CAR: While committing a crime with a supercar you must understand that the vehicle will be subject to strict seizure laws if apprehended. No money will be refunded to your character IC if the vehicle is seized due to use in the commission of a crime, no matter the cost. Any supercar seen used as a getaway car for crimes such as robbery, theft, or general violence is subject to seizure. 

VEHICLE IMPOUND GUIDELINES

1-10. Civil Court

All civil claims are capped to a sum of $50,000 unless it is related to medical malpractice. In this event, the cap is $100,000.

1-11 Healthcare Reporting

 A health professional shall immediately report, to the local police department or county sheriff all bullet wounds, gunshot wounds, powder burns, or any other injury arising from, or caused by the discharge of any gun, pistol, or any other firearm, which wound the health professional is called upon to treat, dress, or bandage. A health professional shall report to the proper police authorities any wound that the reporter has reasonable cause to believe has been inflicted on a perpetrator of a crime by a dangerous weapon other than a firearm.

Title II

CRIMES AGAINST THE PERSON

NMGS2.01. Communicating Threats (M)

1. A person who communicates to another that they will physically harm or kill such other, placing such other in a reasonable state of fear for their own safety is guilty under this code section.
2. A person who communicates that they will physically harm or kill another person’s close friends or relatives is guilty under this code section.
3. Such communication can be not just verbal, but also in writing or transmitted through other media is guilty under this code section.

NMGS2.02 Assault (M)

1. A person who intentionally puts another in the reasonable belief of imminent physical harm or offensive contact is guilty under this code section.
2. Public Official – If the victim is on-duty Emergency Services or a member of NMDA or holds any other government appointed or elected position

NMGS2.03 Assault with a Deadly Weapon

1. A person who attempts to cause or threaten immediate harm to another while using a weapon, tool, or other dangerous item to communicate that threat is guilty under this code section.
2. Public Official – If the victim is on-duty Emergency Services or a member of NMDA or holds any other government appointed or elected position

NMGS2.04 Battery (M)

1. A person who uses intentional and unlawful force or violence to cause physical harm to another person
2. Public Official – If the victim is on-duty Emergency Services or a member of NMDA or holds any other government appointed or elected position

NMGS2.05 Aggravated Battery (F)

1. A person who commits battery and serious bodily injury is inflicted on the person 

NMGS2.06 Attempted Murder (F)

1. A person who takes a direct step towards killing another person and intended to kill that person 
2. Public Official – If the victim is on-duty Emergency Services or a member of NMDA or holds any other government appointed or elected position

NMGS2.07 Manslaughter (F)

1. A person who unintentionally kills another, with or without a quarrel or heat of passion is guilty under this code section.
2. A person who, through a criminal accident or negligence, causes someone’s death is guilty under this code section.

NMGS2.08 Second Degree Murder (F)

1. A person who commits an intended murder that happens in the “heat of the moment” is guilty under this code section.
2. A person who intends only to inflict serious bodily harm, knowing this could result in death but with no specific intent to kill is guilty under this code section.
3. A person who commits a killing that occurs while committing or trying to commit a felony is guilty under this code section.

NMGS2.09 First Degree Murder (F)

1. A person who commits murder which is done in a way that is willful, deliberate and premeditated is guilty under this code section.
2. A person who commits murder while engaging in premeditated felony acts is guilty under this code section
   

NMGS2.10 False Imprisonment (M)

1. A person who intentionally and unlawfully restrained, detained, or confined a person and made the person stay or go somewhere against his or her will is guilty under this code section.

NMGS2.11 Kidnapping (F)

1. A person who forcibly, or by any other means of instilling fear, steals or takes, or holds, detains, or arrests any person is guilty under this code section.
2. A person who commits false imprisonment for the purpose of protection of arrest is guilty under this code section.

NMGS2.12 Torture (F)

1. A person who intentionally causes extreme pain and suffering to someone is guilty under this code section.
2. A person who causes pain and suffering for the purpose of revenge, extortion, persuasion, or for any sadistic purpose is guilty under this code section.

NMGS2.13 Reckless Endangerment (M)

1. A person who’s conduct creates a substantial serious risk of injury to another person

NMGS2.14 Reckless Endangerment (F)

1. A person who under circumstances indicating a depraved indifference to human life recklessly engages in conduct which creates a grave risk of death to another person

NMGS2.15 Desecration of a Human Corpse (F)

It is unlawful for any person to knowingly, and willfully desecrate a human corpse for any of the following purposes:

1. Tampering with the evidence of a crime
2. Camouflaging the death of a human being
3. Disposing of a dead body
4. Impeding or prohibiting the detection, investigation, or prosecution of a crime
5. Altering, inhibiting or concealing the identification of a dead body, a crime victim, or a criminal offender
6. Disrupting, prohibiting, or interfering with any law enforcement agency or the office of the coroner in detecting, investigating, examining, determining, identifying or processing a dead body, cause of death, the scene where a dead body is found, or any forensic examination or investigation relating to the dead body or a crime.

Title III

CRIMES AGAINST PROPERTY

NMGS3.01 Arson (F)

1. A person who intentionally and maliciously sets fire to or burns any structure, forest land, or property without prior authorization is guilty under this code section.
2. A person who intentionally aids, counsels, or helps facilitate the burning of any structure, forest land, or property without proper authorization is guilty under this code section.
3. A person who, through criminal accident or negligence, causes a fire to burn any structure, forest land, or property is guilty under this code section.

NMGS3.02 Trespassing (M)

1. A person who remains on a property after being told to leave by the property owner, an agent of the property owner, or a peace officer is guilty under this code section.
2. This cannot stack with (3)03. Trespassing within a Restricted Facility.
3. This crime cannot stack with any form of Burglary

NMGS3.03 Trespassing within a Restricted Facility (F)

1. A person who, without proper authorization, enters any government owned or managed facility that is secured with the intent of keeping ordinary citizens outside is guilty under this code section .
2. Such facilities include (but are not limited to) correctional institutions, airports, military encampments, and federally restricted spaces.
3. This does apply to local facilities, such as restricted areas within police stations, hospitals, and courthouses. The person(s) has to be asked only once to leave said restricted area and does not comply.
4. This charge cannot stack with (3)02. Trespassing
5. This charge cannot stack with any form of Burglary.

NMGS3.04 Burglary (M)

1. A person who enters a structure without the permission of the owner or agent of the owner is guilty under this code section.
2. This crime cannot stack with any form of Trespassing.

NMGS3.05 Possession of Burglary Tools (M)

1. A person who has in their possession the appropriate combination of tools necessary to commit burglary, such as a tension bar along with a screwdriver, shimmy, or other appropriate items

NMGS3.06 Robbery (F)

1. A person who takes property from the possession of another against their will, by means of force or fear, such as through criminal threats, blunt weapons, assault or battery

NMGS3.07 Armed Robbery (F)

1. A person who takes property from the possession of another against their will, by means of force facilitated with a gun or any bladed weapon

NMGS3.08 Petty Theft (M)

1. A person who steals or takes the personal property of another worth $950 or less is guilty under this code section.
2. A person who fails to pay a contract or invoice within a reasonable amount of time for services totaling less than $950 in value is guilty under this code section.

NMGS3.09 Grand Theft (M/F)

1. A person who steals or takes the personal property of another worth more than $950 or a firearm of any value is guilty under this code section.
2. A person who fails to pay a contract or invoice within a reasonable amount of time for services totaling more than $950 in value is guilty under this code section.
3. Auto – A person who law enforcement has probable cause to believe stole a vehicle.

NMGS3.10 Possession of a Stolen Vehicle (M)

1. A person is guilty of possession of a stolen vehicle if he or she possess [possesses] a stolen motor vehicle.

NMGS3.11 Receiving Stolen Property (F)

1. A person who knowingly buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion

NMGS3.12 Extortion (F)

1. A person who intimidates or influences another to provide or hand over properties or services is guilty under this code section.
2. A person who utilizes or threatens their power or authority with demonstrated malice aforethought in order to compel action by another is guilty under this code section.
3. A person who utilizes privileged information to intimidate another for certain property or services is guilty under this code section.

NMGS3.13 Forgery/Fraud (F)

1. A person who knowingly alters, creates, or uses a written document with the intent to defraud or deceive another is guilty under this code section.
2. A person who knowingly signs a document or agreement, electronic or otherwise, without the consent or authority of whom they are signing for is guilty under this code section.
3. A person who intentionally misrepresents a matter of fact – whether by words or by conduct, by false or misleading allegations, or by concealment of what should have been disclosed – that deceives and is intended to deceive another so that such other will act upon it to their disadvantage is guilty under this code section.

NMGS3.14 Vandalism (M)

1. A person that defaces, damages, or destroys property which belongs to another

NMGS3.15 Violation of a Protective Order (M)

NMGS3.16 Attempted Robbery (F)

NMGS3.17 Attempted Armed Robbery (F)

NMGS3.18 Violation of Bond (M)

1. A person who fails to adhere to the conditions set upon receiving a Bail Package Order (BPO) is guilty under this code section
2. A person who fails to establish contact with the Courts within 10 days of being placed on a BPO is guilty under this code section
3. A person who fails to appear to a scheduled court hearing is guilty under this code section
4. A person who establishes contact with the courts but ceases that contact without notice is guilty under this code section

Title IV

CRIMES AGAINST PUBLIC DECENCY

NMGS4.01 Lewd of Dissolute Conduct in Public (M)

1. A person who solicits anyone to engage in inappropriate sexual or sexually suggestive conduct in any public place or in any place open to the public or exposed to public view is guilty under this code section.
2. A person who touches his or her private parts in any place open to the public or exposed to public view is guilty under this code section.
3. A person who solicits or engages in sexual activity in a public place or any place open to public view is guilty under this code section.

NMGS4.02 Indecent Exposure (M)

1. A person who intentionally exposes their naked body or genitalia on public property, in the view of the public, or in the public area of a privately owned business is guilty under this code section.
2. A person who intentionally exposes their naked body or genitals to another person without that person’s consent is guilty under this code section.
3. A person who intentionally exposes their naked body or genitalia on private property without permission of the property owner is guilty under this code section.
4. A person who engages in sex or other sexual activity in view of a minor, or in the view of the public, is guilty under this code section.

NMGS4.03 Prostitution (M)

1. A person who knowingly engages in or offers to engage in a sexual act in exchange for payment or other goods and services

NMGS4.04 Pandering / Pimping (F)

1. A person who knowingly receive financial support or maintenance from the earnings of someone engaged in prostitution is guilty under this code section.
2. A person who receives or tries to receive compensation for soliciting for a prostitute (that is, finding customers for him/her) is guilty under this code section .
3. A person who procures, encourages, or encourages others to procure another person for the purpose of prostitution is guilty under this code section.
4. A person who forces or encourages another person to remain engaged in prostitution is guilty under this code section.

NMGS4.05 Sexual Battery (F)

1. A person who commits unwanted touching or sexual contact is guilty under this code section.
2. A person who causes battery or similar aggressive physical contact for the purpose of sexual arousal, gratification, or abuse is guilty under this code section.
3. A person who directly or indirectly obtains, receives, distributes, or records explicit material of another against their will, without permission, or while they are under the influence is guilty under this section.

NMGS4.06 Rape (F)

1. A person who forces another to engage in sexual intercourse is guilty under this code section.
2. A person who performs non consensual sexual intercourse with another is guilty under this code section.
3. A person who performs sexual intercourse with another who is incapacitated, disabled, or unable to give consent is guilty under this code section.

NMGS4.07 Stalking (F)

1. A person who intentionally and maliciously follows or harasses another person who has made it known that they do not consent to such following or harassment is guilty under this code section.
2. A person whose actions cause another person to reasonably fear for their safety, or the safety of their close friends or relatives is guilty under this code section.
3. A person who violates an official restraining order issued by a court is guilty under this code section.

NMGS4.08 Mask wearing to shield identification (M)

1. A person wearing a mask to avoid identification from law enforcement.
2. A person who has been asked by law enforcement to remove their mask, but fail to comply.

Title V

CRIMES AGAINST PUBLIC JUSTICE

NMGS5.01 Bribery (F)

1. A person who offers or gives a monetary gift, gratuity, valuable goods, or other reward to a public official, a government employee, or peace officer in an attempt to influence their duties or actions is guilty under this code section.
2. A person who gives services or nonmaterial, but valuable actions to a public official, a government employee, or peace officer in an attempt to influence their duties or actions is guilty under this code section.

NMGS5.02 False Information to a Government Employee (M)

1. A person who provides false information or details to a peace officer during the course of a criminal investigation or lawful detainment is guilty under this code section.
2. A person who provides knowingly inaccurate data to a government employee investigating in some official capacity is guilty under this code section.

NMGS5.03 Filing a False Police Report (M)

1. A person who reports to any peace officer that a felony or misdemeanor has been committed knowing the report to be false

NMGS5.04 Failure to Identify to a Peace Officer (M)

1. A person who, while being detained or under arrest by a peace officer, fails to provide a peace officer or other legal authority their name, date of birth, and/or DL number as it appears on an I.D. card or other identifiable information is guilty under this code section.

NMGS5.05 Impersonation of a Government Employee (F)

1. A person who pretends or implies the role of a government worker, such as a peace officer, paramedic, tax collector, federal investigator, or other official is guilty under this code section.
2. A person who wears an official or realistic government employee uniform with an official or realistic badge or identification tag except on an official, legally sanctioned movie or production set is guilty under this code section.
3. A person who claims to be a government worker in order to deceive or take advantage of another individual or organization is guilty under this code section.

NMGS5.06 Obstruction Of A Government Employee (F)

1. A person who shows a clear and motivated attempt to prevent a government employee from conducting their duties is guilty under this code section.
2. A person who fails to comply with an officer’s lawful orders is guilty under this code section.

NMGS5.07 Resisting a Peace Officer (M)

1. A person who avoids apprehension from an officer by non-vehicular means or resists apprehension by any physical means is guilty under this code section is guilty 

NMGS5.08 Escape from Custody (M)

1. A person who has been physically or verbally detained or arrested by a peace officer and escapes or attempts to escape from said Peace Officer’s personal custody

NMGS5.09 Escape (F)

1. Any person arrested, booked, charged, or convicted of any crime who thereafter escapes from a county or city jail, prison, community service, or custody of a Correctional or Parole Officer

NMGS5.10 Organized Prison Break (F)

1. A person who directly aids or assists an inmate with escaping from the law, including the lawful custody of a peace officer, prisoner transport, parole, community service, or incarceration in a county jail or state prison is guilty under this code section.
2. A person who provides information or insights that subsequently assist an inmate with escaping from the law is guilty under this code section.

NMGS5.11 Violations of Human Trafficking (F)

1. A person who intentionally smuggles non-citizens into the state without proper visas and authorization is guilty under this code section.
2. A person who intentionally restricts another’s liberty with intent for forced labor or sex trafficking, or other forced activities is guilty under this code section.
3. This charge does not stack with Kidnapping

NMGS5.12 Misuse of a Government Line (M)

1. A person who uses an emergency government hotline for any purpose other than an emergency situation which involves a life-or-death request for assistance or other purposes dictated by the hotline managers is guilty under this code section.
2. A person who uses any non-emergency or public hotline for purposes irrelevant to that particular government office, department, or agency is guilty under this code section.
3. A person who performs prank calls, fake calls, or tries to incite mayhem through public government lines is guilty under this code section.

NMGS5.13 Tampering With Evidence (M)

1. A person who willfully and intentionally destroys or attempts to destroy, creates or attempts to create false evidence, conceal, or alter any evidence that can later potentially be used in a Criminal investigation or court proceeding is guilty under this code section.

NMGS5.14 Introduction Of Contraband (F)

1. A person who provides contraband to an inmate of a correctional facility, or attempts to enter a facility with contraband within his or her control

NMGS5.15 Perjury (M)

1. A person who willfully gives false information while testifying in court, during a deposition, or on a signed document presented to a court 

NMGS5.16 Contempt of Court (M)

1. A person who is disrespectful of the court process, or ignores a court order is guilty under this code section.
2. Examples include but are not limited to being excessively loud or belligerent, refusing to be sworn in as a witness, refusing to comply with a judges request, and willfully disobeying a court order.

NMGS5.17 Stolen Valor (F)

1. A person is guilty under this code section if the person displays intent to obtain money, property, or other tangible benefit(s) while fraudulently holding himself or herself to be a recipient of the following military awards:

• Medal of Honor
• Distinguished Service Cross
• Navy Cross
• Air Force Cross
• Silver Star
• Bronze Star
• Purple Heart
• Combat Action Ribbon
• Combat Infantryman’s Badge
• Combat Action Badge
• Combat Medical Badge
• Combat Action Medal
• Any replacement or duplicate medal for such medal as authorized by law. 

NMGS5.18 Criminal Harm of a Public Working Animal (F)

1. Any person who Intentionally injures, or kills a marked or recognized public working animal Is guilty under this section.
2. Any person who unintentionally injures, or kills a marked or recognized public working animal from criminal negligence is guilty under this section.
3. Any person whose direct actions causes the injury or death of a marked or recognized public working animal during the performance of a crime is guilty under this section.

NMGS5.19 Eluding (F)

1. Any person who eludes detaintment by a law enforcement officer.
   1. If by vehicle, a (10) month enhancement. 

NMGS5.20 Possession of Stolen Law Enforcement Firearm
(F) – State Law Enforcement agencies are not allowed to “hand out” or “gift” service weapons to any person or entity

1. A person who is in possession of a Law Enforcement Service weapon and is not themselves a state certified Law Enforcement Officer is guilty under this code section

NMGS5.21 Possession of Stolen Law Enforcement Equipment

1. A person who is in possession of the following items and is not themselves a state certified Law Enforcement Officer is guilty under this code section
2. These items include but are not limited to: Conducted Energy Device, commonly known as a Taser, Any less lethal weapon (e.g. Bean Bag shotgun), Baton, OC Spray or Antidote, Encrypted Public Safety Radio, Public Safety Tracker Device

NMGS5.22 Possession of stolen Fire/EMS Equipment

1. A person who is in possession of issued Fire or EMS equipment and is not themselves a certified FireFighter, Emergency Medical Technician or Paramedic
2. This includes but is not limited to: Medical Aid Bag (to include items contained within), Defibrillator,

Title VI

CRIMES AGAINST PUBLIC PEACE

NMGS6.01 Disturbing the Peace (M)

1. Any person who unlawfully fights in a public place or challenges another person in a public place to fight is guilty under this code section.
2. Any person who maliciously and willfully disturbs another person by loud and unreasonable noise is guilty under this code section.
3. Any person who uses offensive words in a public place which are inherently likely to provoke an immediate violent reaction is guilty under this code section.

NMGS6.02 Unlawful Assembly (M)

1. Whenever two or more persons, assembled and acting together, make any attempt or advance toward the commission of an act which would be a riot if actually committed
2. Whenever two or more persons assemble together to do an unlawful act, or do a lawful act in a violent, boisterous, or tumultuous manner is guilty under this code section.
3. Remaining present at the place of any unlawful assembly, after the same has been lawfully warned to disperse, except public officers and persons assisting them in attempting to disperse the same is guilty under this code section.

NMGS6.03 Incitement To Riot (M)

1. A person who with the intent to cause a riot does an act or engages in conduct that urges a riot, or urges others to commit acts of force or violence, or the burning or destroying of property, and at a time and place and under circumstances that produce a clear and present and immediate danger of acts of force or violence or the burning or destroying of property is guilty under this code section.

Title VII

CRIMES AGAINST PUBLIC HEALTH AND SAFETY

NMGS7.01 Possession Of A Controlled Substance (M)

1. A person who possesses any controlled substance, except when the substance has been lawfully prescribed to them by a licensed practitioner of medicine or is legally available without a prescription is guilty under this code section

NMGS7.02 Possession Of A Controlled Substance With Intent to Sell (F)

1. A person in possession of a controlled substance, cannabis, or multiple controlled substances in a large quantity is guilty under this code section.
2. A person in possession of a controlled substance or cannabis package individually in separate baggies or bindles is guilty under this code section.

NMGS7.03 Possession Of Drug Paraphernalia (M)

1. A person who willingly possesses a device or mechanism used exclusively for the processing, Distribution, or consumption of an illegal controlled substance is guilty

NMGS7.04 Maintain A Place For The Purpose Of Distribution (F)

1. A person who opens or maintains any property for the purpose of unlawfully selling, giving away, storing, or using any controlled substance, firearm, or other illicit device, good, or service is guilty under this code section.

NMGS7.05 Manufacture Of A Controlled Substance (F)

1. A person who, except as otherwise provided by law, manufactures, compounds, converts, produces, or prepares, either directly or indirectly by chemical or natural extraction, any illegal substance is guilty under this code section.
2. A person with a license to manufacture may produce such from any agricultural or industrial zoned area within the limits set on the license and is not subject to violations of this penal code for such manufacturer.

NMGS7.06 Sale Of A Controlled Substance (F)

1. A person who sells, offers to sell, transports with the intent to sell, or gives away a controlled substance to another person, regardless of whether or not they possess that controlled substance is guilty under this code section.

NMGS7.07 Under The influence Of A Controlled Substance (M)

1. A person who uses or is under the influence of a controlled substance or dangerous substance without the proper permits or prescription to use such a substance is guilty

NMGS7.08 Littering (M)

1. As used in this section, “litter” means garbage, trash, waste, ashes, cans, bottles, wire, paper, cartons, vessel parts, vehicle parts, furniture, glass, or anything else of an unsightly or unsanitary nature.
2. No person shall place any waste, refuse, litter or foreign substance in any area or receptacle except those provided for that purpose.

NMGS7.09 Criminal Loitering (M)

1. “Criminal loitering” refers to anyone who is lingering or hanging around in a public or private area, with the intent to commit criminal activity, or who is assisting and/or aiding another with a crime.
2. Activities include but not limited to: Scoping, lookout, being a distraction, drawing out a plan, or layout, or a description of an area, building, or person.
3. Any person who is in a public or private area, with the intent to help, plan and/or commit criminal activity, or who is assisting, planning, and/or aiding another with a crime with proof, is guilty under this code section.

NMGS7.10 Loitering For Drug-Related Activities (M)

1. It is unlawful for any person to loiter in, on or near any public or private property or thoroughfare in a manner and under circumstances manifesting the purpose or the intent to engage in drug-related activity

NMGS7.11 Drug Trafficking

1. The crime of drug trafficking involving sale or delivery of a controlled substance under the Controlled Substance Act that is an unlawful possession in a certain amount exceeding personal use. 

NMGS7.47 Possession of a Still

1. It is unlawful for any person to have possession or control of any still or other apparatus, or part of any still or other apparatus, used or intended to be used for the purpose of manufacturing intoxicating liquor as prohibited by law.

NMGS7.48 Manufacture of alcoholic beverages

1. It is unlawful for any person, company, or other entity to manufacture intoxicating beverages unless authorized by law to do so

NMGS7.49 Possession of Illegal Alcohol

1. It is illegal to be in possession of illegally made alcohol such as Moonshine

NMGS7.50 Trafficking Illegal Alcohol

1. It is illegal to traffic sums of alcohol larger than (x5) by vehicle on state roadway. 

Title VIII

CRIMES AGAINST STATE DEPENDENTS

NMGS8.01 Animal Abuse (F)

1. A person who intentionally maims, mutilates, tortures, wounds, or kills a living animal is guilty under this code section.
2. A person whose neglect maims, mutilates, tortures, wounds, or kills a living animal is guilty under this code section.
3. A person who owns a pet or animal that is not reasonably considered domesticated, safe, or healthy for the animal or the owner, without a proper permit is guilty under this code section.
4. A person who leaves an animal in an unattended vehicle under conditions that endanger the health of well-being of the animal is guilty under this code section

Title IX

RESTRICTIONS OF DEADLY WEAPONS AND EQUIPMENT

NMGS9.01 Possession Of An Illegal Weapon (M)

1. No person may sell, create, or possess any weapon listed below with the intent of criminal activity:
   • A blade or improvised blade over three inches in length that can be used as a cutting, slashing or stabbing weapon, whether or not concealed.
   • A bullet containing any explosive agent
   • A concealed explosive substance
   • Metal knuckles
   • Grenades
   • Any firearm that is not registered
   • Any fully automatic firearm or parts without proper licenses
   • Any firearm in a manner that is against any firearms license restrictions that have been issued
2. Exception: A peace officer may possess or use such a weapon when required to do so under the performance of his/her peace officer duties.

NMGS9.02 Brandishing a Firearm (M)

1. A person who is pointing, holding in a harassing manner, openly carrying or brandishing a firearm, air or gas operated weapon, or object that appears like a firearm without proper toy and prop identification in an attempt to elicit fear or hysteria is guilty under this code.
2. A person holding an object in a manner similar to a firearm who attempts to elicit the same fear or response as brandishing an actual firearm is guilty under this code.

NMGS9.03 Weapons Discharge Violation (F)

1. A person who willfully fires a firearm in a grossly negligent manner which could result in injury or death is guilty under this code.
2. A person who fires at an building, car, aircraft, or camper is guilty under this code.
3. A person committing this offense from a vehicle

NMGS9.04 Drive-By (Vehicular Shooting) (F)

1. A person who drives a vehicle, whether on land, sea, or in air, and has a passenger who they knowingly and willingly let discharge a firearm from within the vehicle, and the passenger is not an on-duty peace officer is guilty under this code section.
2. A person who discharges a weapon in a vehicle, whether on land, sea, or in air, and is not an on-duty peace officer with proper authorization is guilty under this code section.

NMGS9.05 Duty to Inform (M)

1. A person who fails to immediately inform a peace officer of a firearm or deadly weapon that is concealed on the person or within his or her control within the first part of contact is guilty under this code section. Informing a peace officer must occur within the first part of contact with a peace officer, or not exceed the expiration of the initial contact, whichever is shorter.
2. A person who fails to allow a peace officer to secure the deadly weapon, or fails to secure the weapon at the discretion of the peace officer during the duration of the contact is guilty under this code section.
3. An individual who fails to report a firearm as missing/stolen to law enforcement is guilty under this code section.

NMGS9.06 Illegal Sale of Firearms (F)

1. A person or entity who knowingly sells or transfers a firearm to a prohibited person is guilty under this code section
2. A person or entity who knowingly sells or transfers a firearm to a prohibited person and that prohibited person uses the firearm in a crime can be charged with the same crimes as an accomplice. 
3. A person or entity who knowingly sells, or transfers an illegal firearm that is deemed so by the state to anyone, or sells a restricted weapon to a person who does not have the appropriate licence to own it, is guilty under this code section.

NMGS9.07 Arms Trafficking (F)

1. A person who distributes multiple firearms to another person without proper registration is guilty under this code section
2. A person who distributes multiple firearms to restricted person(s) is guilty under this code section

NMGS9.08 Criminal Possession of an Illegal Weapon (F)

No person may sell, create, or possess any weapon listed below with the intent of criminal activity or using it for criminal activity:

1. An Unregistered Machine Gun
2. An Unregistered Silencer or Suppressor
3. An Unregistered Short Barreled Shotgun(SBS) (Shotgun barrel length less than 18”) or Unregistered Short Barreled Rifle(SBR) (Rifle barrel length less than 16”)
4. An Unregistered Destructive Device or Firearm with a bore/caliber over .50
5. Any explosive device not logged for the purpose of lawful business practices
6. A blade or improvised blade over three inches in length that can be used as a cutting, slashing or stabbing weapon, whether or not concealed.
   1. ((Any wieldable script-wise knife or katana in your inventory is considered long enough to kill someone and qualify as an illegal blade.))
7. Possession of controlled weapon(s) with intent to sell.

NMGS9.09 Violent Felonious Offender in Possession of a Restricted Weapon (F)

1. A person who is in possession of a firearm or restricted weapon after having their firearms license revoked. 

NMGS9.10 Negligent Entrustment (F)

1. any person(s) who entrusts in a negligent manner their Class 2-3- permitted firearm.

NMGS9.11 Possession of an Altered or Unserialized Firearm (F)

1. A person who is in possession of or has received a firearm that has had the serial number obliterated, removed, changed, altered is guilty under this code section
2. A person who is in possession of or has received a firearm that has no serial number present is guilty under this code section

NMGS9.12 Unlawful Possession of a Firearm Class 2 (F)

1. A person who is in control, possession of or has received a Class 2 firearm as defined by the state weapons roster without having the proper permit is guilty under this code section

NMGS9.13 Unlawful Possession of a Firearm Class 3 (F)

1. A person who is in control, possession of or has received a Class 3 firearm as defined by the state weapons roster without having the proper permit is guilty under this code section

Title X

OPERATION OF AIRCRAFTS

NMGS10.01 Pilot License (I)

1. No person may operate an aircraft without a pilot’s license for the type of aircraft being operated.
2. No person shall have in his or her possession or otherwise under his or her control more than one pilot’s license.
3. The licensee shall have the valid pilot’s license issued to him or her in his or her immediate possession at all times when operating an aircraft.

NMGS10.02 Equipment (I)

1. All equipment and lights on an aircraft must be in working order.

NMGS10.03 Restricted Flight Area (I)

• Aircraft may not operate in any of the following areas without ATC approval:
  • Or in such a manner to interfere with the flight patterns at any airport
  • Except for law enforcement and medical life-flight operations.
  • Over Zancudo Military Base
  • Airports
  • Over Bolingbroke Penitentiary
  • Over New Malverne Government Facilities
  • Over Humane Labs
  • Under 500’ over, within, or among any building structure or person except when required for takeoff and landing
  • In such a manner to interfere with the flight pattern at any airport
• Aircraft may not land on any location not intended for the operation of aircraft except in an emergency.
  • Law enforcement and life flight helicopters.
  • Helicopters landing on private property with the permission of the owner

NMGS10.04 Alcohol Laws (M)

1. No person may operate an aircraft under the following conditions:
   • Having had alcohol within the last 8 hours
   • With a blood alcohol level over 0.04 percent
   • Under the influence of any drug contrary to safety

NMGS10.05 Accidents (I)

1. In case of an accident or collision with persons or property upon the airspace of the state, the operator having knowledge of the accident or collision shall immediately Contact ATC about the nature of the accident or collision, to the extent that is safe and practical. 

Title XI

OPERATION OF MARINE VESSELS

NMGS11.01 Equipment (I)

1. All equipment and lights on a marine vessel must be in working order.
2. All people on a marine vessel must have and wear a life jacket, except for medium to large classed marine vessels, but must provide proof/ show they have life vests onboard
3. All marine vessels must be equipped with fire suppression equipment
   • A sprinkler system or fire extinguisher meets this requirement.

NMGS11.02 Restricted Areas (I)

1. Boats may not operate in any of the following areas:

• Within 500’ of the Fort Zancudo military base or El Reno International Airport
• Any area marked for swimming or marked not for entry by marine vessels.

NMGS11.03 Speed (I)

1. Marine vessels may not exceed 15 miles an hour within a harbor or marina.

NMGS11.04 Special Water Events (I)

1. No person or organization shall conduct any race, regatta, or other special event upon the waters in this state without first obtaining written permission

NMGS11.05 Reckless Operation (I)

1. A person who operates any marine vessel or similar device on the waters in this state carelessly or headlessly, or in disregard for the rights or safety of any person, vessel, property, without due caution, or at a rate of speed or manner so as to endanger any person, vessel, or property is guilty of reckless operation of a marine vessel.
2. Unsafe vessel operation includes, without limitation any of the following:
   • Operating at such a speed and proximity to another vessel or to a person so as to require the operator of either vessel to swerve or turn abruptly to avoid a collision.
   • Weaving through congested water-borne traffic.

NMGS11.06 Boating Without a License (M)

1. A person who operates a marine vessel without a valid license is guilty of a crime under this section.
2. Any resident of New Malverne must have a boating license issued by New Malverne State.
   1. Exception: A person who has been a resident for under 10 days and has a valid boating license in any state need not have a New Malverne boating Licenses.
   2. Exception: Any resident operating a marine vessel properly registered to the federal government who is authorized by the federal government to operate that vessel

Title XII

ENHANCEMENTS

NMGS12.01 Attempt (LEVEL1)

1. A person who attempts to commit any crime, but fails or is prevented or intercepted in its perpetration, shall be given the same punishment as if the offense was committed.

NMGS12.02 Conspiracy (LEVEL 2)

1. If two or more persons conspire to commit any crime, to falsely and maliciously to indict another for any crime, or to procure another to be charged or arrested for any crime, they shall be punished by the same punishment as if the offense was committed.

NMGS12.03 Soliciting (LEVEL 3)

1. A person who solicits for the commission or perpetration of any crime shall be punished by the same punishment as if the offense was committed.

NMGS12.04 Weapons Violation (LEVEL 4)

1. A person who commits a felony while in possession of a firearm shall have their firearms permit revoked.
2. A person who demonstrates illegal or irresponsible usage of their firearm shall be suspect to firearms permit suspension or revocation depending on the penal code entry of the firearms violation. If no description exists, it shall be up to officer discretion.
3. If a person receives two suspensions of their firearms permit they shall have their permit revoked immediately upon the second incident.
4. These violation policies also apply, where appropriate, to licenses and permits issued to facilities and organizations.
5. These policies also apply to any current and future firearms permits created for purposes determined by the agency responsible for firearms regulation.

NMGS12.05 Accomplice Clause

1. A person who acts as an accomplice, aid, adviser, or other supportive role to another person’s attempted or successful criminal acts shall receive the FULL punishment allotted to the person who attempted or succeeded in criminal acts.

Title XIII

WILDLIFE AND MARINE OPERATION

NMGS13.01 Prohibition of Hunting (M)
No person may hunt, capture, bait, lure, or attempt to hunt, capture, bait, or lure any of the following animals:
Cat
Dog
Chicken
Hawk
Cormorants
Cow
Dolphin
Hen
Monkey
Seagull
Shark
Stingray
Whale

No person shall hunt any domesticated animals, or tame and partially domesticated animals that can be proven owned by another person or entity.

NMGS13.02 Permit/License Violation (I)
No person may hunt, capture, bait, lure, or attempt to hunt, capture, bait, or lure any animal without a valid fishing license and or game hunting license. These Licenses must be on your person when participating in legal hunting activities.
The fish and game service, enforced by MCSO Wildlife or NMDPS Troopers, enforces all wildlife laws.
The fish and game service may issue a permit for one type of animal or multiple types of animals.

NMGS13.03 Hour Restrictions (I)
No person may hunt, capture, bait, lure, or attempt to hunt, capture, bait, or lure any animals between the hours of sunset and sunrise.

NMGS13.04 Application Violation (F)
No person may fire a loaded weapon from a moving vehicle toward an animal or on state park/hunting grounds.
No person may fire a gun within 50 yards of a dwelling.
No person may fire a gun on or over a public roadway.
No person may fire a gun from a boat, motor vehicle, or airplane.
No person may hunt, attempt to hunt, or shoot any animal using a suppressor.***
It is unlawful to use artificial lights (including laser sights) and electronic or recorded calls in taking wild birds or animals except as follows:

NMGS13.05 Hunting under the Influence (M)
No person may hunt, capture, bait, lure, or attempt to hunt, capture, bait, or lure any animals while intoxicated.

NMGS13.07 Weapon Restriction (M)
The following firearms are allowed for use while hunting.
Rifle with a magazine capacity of 10 or below.
Pump shotgun with a shell capacity of 8 or below.
Shotguns must be no larger than 10-gauge.
All other weapons are restricted from use.
Melee weapons may not be used to kill any game.
Any Firearm used in hunting may not be discharged from any motor vehicle such, airplane, or maritime vessel

NMGS13.08 Tag / Excessive Animal Take Major (F)
A hunter may not possess more than 20 items of animal meat or 20 pelts at a time on either their persons, in vehicle, or in sum of the two. Should an offender have more than 50 items, it is a felony. 

NMGS13.08b Tag / Excessive Animal Take Minor (M)
A hunter may not possess more than 20 items of animal meat or 20 pelts at a time on either their persons, in vehicle, or in sum of the two. Should an offender have less than 50 items, it is a misdemeanor. 

NMGS13.09 Hunting Methods (F)
Any Persons may not use any vehicle in the death of any game
Any Persons may not use any form of light or to their advantage while hunting game

NMGS13.10 Poaching (F)
A person who illegally takes, possesses, imports, exports, sells, purchases, barters, trades, or exchanges a bird, fish, mammal, reptile, amphibian, or part of any of those animals, for profit or personal gain

NMGS13.12 Wanton Waste on Sports Hunting/Fishing (M)
Any person(s) must make reasonable efforts to retrieve edible portions of game birds and mammals to include fish. After a person has harvested an animal, no portion of the flesh usually eaten by humans can be left, either through carelessness or neglect, to go needlessly to waste.Harvesting any game bird and mammal, to include fish, and detaching or removing from the carcass only feathers, head, hide, antlers/horns, and legs, while leaving edible parts behind is deemed to be “wanton waste” and is guilty under this Code section.

NMGS13.13 Illegal Dumping of Liquids/Trash (M)
Any person found to be disposing of the following types of liquids or trash waste onto or into either public or private property, to include state owned land, parks, roadways, trails, and waterways within the jurisdiction of New Malverne Parks and Recreational areas is guilty under this Code section:
Household trash/goods/items
Vehicles
Industrial waste
Medical waste
Hazmat wastes
Oil
Fuel (gasoline, diesel, jet)
Anti-freeze
Brake Fluid
Biological waste
Human waste
Animal waste
Non biodegradable items
Construction waste

NMGS13.14 Possession of Dangerous Animals (F)
No persons shall utilize any animal in a dangerous or vicious manner, outside of the parameters of self defense, to attack a person or persons.
If probable cause exists that an animal poses an immediate threat to public safety, the animal may be seized by Animal Care and Control or New Malverne Law Enforcement and impounded for further behavioral tests and a hearing to determine risk to the public. Owners of animals deemed a threat to public safety are liable for all costs associated with the impoundment and boarding of the animal.
Any person in a position of authority may use appropriate force to repel an attack by a dangerous animal when lawfully on a premises. This includes immediately killing any animal that is actively being aggressive towards the public. If done so person(s) involved are required to contact Fish and Wildlife or any New Malverne Law Enforcement Officer to report such incidents.

OPERATION OF MARINE VESSELS
NMGS13.15 Applicability
This section applies to the operation of any watercraft, jetski, boat, submersible vessel, or ship. Law Enforcement, Fire Search and Rescue, Coast Guard, or any federal, state, or local emergency services are exempt (within reason) from the following while operating in an official capacity in an effort to locate and rescue, recover, or secure an individual or vessel.
Chapter 1: Maritime Vessel Offenses

NMGS 13.16 Boaters License
No individual may operate a watercraft, boat, or submersible vessel on the open water, or in port, without obtaining a valid boating license. This license must be in the possession of the driver at all times while operating any vessel. Jet Skis are excluded from needing to have a valid license in order to operate the vessel.

NMGS 13.17 Equipment
All vessels, except when exclusions are notified, are to be equipped with the following maintained and certified equipment. All equipment must be in good condition and working order and meet all manufactured safety regulations.
All vessels excluding submersibles

Life Jackets
One wearable life jacket for each person on board. Life jackets must be readily accessible and fit the intended wearer properly.
The vessel must carry an approved Type IV throwable device, which should be immediately available.

Fire Extinguishers/Fire Suppression Equipment
A Coast-Guard approved fire extinguisher must be carried onboard the vessel and be readily accessible
A fixed extinguishing system must be installed in machinery spaces on vessels longer than 29 FT.

Ventilation System
Motorboats using gasoline as a fuel must have at least two ventilation ducts for the efficient removal of explosive or flammable gasses from all engine and fuel tank compartment bilges. If engine and fuel tank compartments are closed and separated, two such ventilation systems are required.

Sound Signaling Devices
Vessels 26 feet or more in length are required to carry a whistle and a bell. Visual distress signals (coastal waters only): All boats 16 feet or more in length must carry devices aboard at all times.
Approved VHF FM Radio.
Must carry either type of distress signals: devices that are suitable for day use and devices suitable for night use; or devices that can be used for both day and night use.

Navigation Lights
Navigation lights must be kept in serviceable condition and displayed between sunset and sunrise and at times of restricted visibility.

Submersibles
Lifejackets
One wearable life jacket for each person on board. Life jackets must be readily accessible and fit the intended wearer properly. The vessel must carry an approved Type IV throwable device, which should be immediately available.
Fire Extinguisher/ Fire Suppression Equipment
One B-I (Carbon Dioxide) Coast Guard-approved fire extinguisher must be carried
One B-II (Chemical Foam) Coast Guard-approved fire extinguisher must be carried
A fixed fire extinguishing system must be installed in machinery spaces.
Sound Signaling Devices
Submersibles are required to carry a whistle and handheld air-horn.
Approved VHF FM Radio.
Must carry either type of distress signals: devices that are suitable for submerged use day use and devices suitable for night use; or devices that can be used for both submerged day and night use.

Navigation Lights
Navigation lights must be kept in serviceable condition and displayed at all times unless docked or otherwise secured to another vessel

NMGS 13.18 Vessel Registration (I)
All vessels must be registered and numbered except: Boats propelled manually, Foreign vessels that are registered with foreign countries, Ship’s lifeboats used solely for life-saving purposes

Chapter 2: Maritime Navigational and Operational Offenses
NMGS 13.19 Fog Signals (I)
When fog is present and the effective visibility drops below 400 meters: Any vessel underway shall sound one prolonged blast at intervals of not more than two minutes. Any vessel anchored or otherwise stationary shall sound, at intervals of not more than two minutes, two prolonged blasts in succession with an interval of two seconds between them.

NMGS 13.20 Speed during irregular vessel operation (I)
Speed is restricted to 15 MPH in the following conditions: Within 100 feet of a swimmer (but not a water skier). Within 200 feet of a swimming beach, swimming float, or diving platform .While in a harbor, marina, or no-wake zone
Speed is restricted to 30 MPH when effective visibility is below 400 meters.

NMGS 13.21 Reckless Operation of a Vessel (M)

Willfully in this code section means intentionally. An individual must know that their actions are dangerous and can cause harm to themselves or those around them. An example would be a boater deciding to buzz by a diving boat with the diving flag up for a laugh to play a prank on the divers.
Any person who demonstrates a willful or wanton disregard for the safety of persons or property while Operating a vessel within extreme proximity to swimmers in a dangerous and deliberate manner Demonstrating poor control of the vessel or navigational decisions in a deliberate manner
Operating within 150 feet of a vessel which is flying a diver flag
Serving as a deckhand on a commercial vessel while demonstrating reckless behaviors which threaten the safety of themselves, their vessel, the crew, passengers, or other vessels

NMGS 13.22 Negligent Operation of a Vessel (M)
Negligence is when an individual does risky behaviors, but is unaware that they are dangerous. An example would be a boater not paying attention to the swimmers in the water and getting too close to the swimming area.
Any person who demonstrates negligent disregard for the safety of persons or property while operating a vessel within extreme proximity to swimmers in a dangerous manner demonstrating poor control of the vessel or navigational decisions.
Operating within 150 feet of a vessel which is flying a diver flag Serving as a deckhand on a commercial vessel while demonstrating reckless behaviors which threaten the safety of themselves, their vessel, the crew, passengers, or other vessel

NMGS 13.23 Accident Reporting Requirements (Vessel) (M)
Any person involved in a boating accident that results in injury, death or disappearance who is convicted of leaving the scene without either: furnishing appropriate information to others involved or to any peace officer at the scene. Rendering any reasonable assistance to any injured person.

NMGS 13.24 Diving Safety (M)
Whenever a vessel engaged in diving operations the international blue-and-white code flag (Alpha) shall be displayed. The flag must be visible all round the horizon.
No person may dive within 1 NM of any Naval vessel, Military Installation, or within 500M of ERIA. During the time before dawn and after dusk.

NMGS 13.25 Boating Under the Influence (M)
No person shall operate any vessel, water skis, or similar device when: Under the age of 21 with any detectable amount of alcohol. Under the influence of alcohol at or above the legal limit of 0.08 percent. Under the influence of awareness-altering drugs, regardless if those drugs are being used under a prescription.

NMGS 13.26 Waste and Grey Water Discharge (M)
No person operating a vessel shall release wastes, treated or not, into the waters of New Malverne when within three (3) miles of the shoreline. In any river, stream, lake, sea, or body of water within the State of New Malverne.

NMGS 13.27 Firing a Weapon from a Vessel (F)
No person shall discharge a weapon, nor allow another individual to discharge a weapon, from any vessel, either moving or stationary.

NMGS 13.28 Commercial Fishing Gear (M)
A person may not leave a net in the water unattended for any period of time. All equipment and take obtained from improper net use should be seized.

New Malverne State Traffic Code

TITLE XIV – TRAFFIC CODE

Motoring Privileges – New Malverne recognizes no “right to drive,” and instead has a “privilege to drive” approach to violations of its motor vehicle laws. 

Definitions: 

“Minimum Speed” – The lowest speed which is prohibited for a person to operate a motor vehicle as it may impede reasonable movement of traffic.

“Posted Limit” – The posted limit at which vehicle operators can drive that is reasonable and prudent.

“Street” – Two lane road, single northbound lane accompanied by southbound lane. 

“Highway” – Four lane road, two northbound lanes accompanied by two southbound lane. 

“Speed Contest” – is defined as driving “any vehicle in any race, speed competition or contest, drag race or acceleration contest, for the purpose of making a speed record or contest between another vehicle.”

“Pure Contributory Negligence” – A motorist must be 100% free of any fault for the accident to be free of charges. 

“Habitual Traffic Offender” – A motorist with over (4) traffic violations in a (14) calendar period is labeled a ‘Habitual Traffic Offender’ 

Observed Speed Limits:

70MPH – Interstate Highways or Freeways

50MPH – Minimum Interstate Highways or Freeways

55MPH – Two-lane state/county roads

30MPH – Minimum Two-lane state/county roads

45MPH – City/Municipal Corporate Streets

25MPH Minimum City/Municipal Corporate Streets

30MPH – Unless otherwise posted

15MPH Minimum Unless otherwise posted

45MPH – Speed Limit in a Construction Zone (Equipment or NMDOTvehicles on roadways)

NMGS-14-0 – A person must hold a valid license by the New Malverne Department of Motor Vehicles, and be in possession of that license, in order or lawfully operate a motor vehicle in this state. Additionally, a motorist is allowed only (12) violation points. If the motorist exceeds 12 points, the motorist will have their license suspended or revoked. 

NMGS-14-1 – A new resident to New Malverne has 15 days to obtain a legal license from the NMDMV, either turning in their license from another issuing authority or taking a new motorist competency test. 

NMGS-14-2 – Both the operation of motorcycles and commercial vehicles require their own special licensing. Infractions points for violations while operating a motorcycle or commercial vehicle are often more severe given the increased risk/responsibility of that vehicle operation. 

NMGS-14-3 – All licenses issued by the NMDMV expire after 2 years of the issuing date. 

NMGS-14-4 – Out-of-state violations on S.A licensed drivers are collected for the following violations: offenses involving exceeding the posted speed limit of 55 miles per hour or more by more than 15 miles per hour, driving while license suspended or revoked, careless and reckless driving, engaging in prearranged speed competitions, engaging willfully in speed competitions, hit and run driving resulting in damage to property, unlawfully passing a stopped school bus, illegal transportation of alcoholic beverages.

NMGS-14-5 – The NMDMV/NMLEOs have the legal authority given by this statute to suspend a persons driving privileges under a certain number of circumstances listed below:

1. (3) or more convictions of speeding 40MPH over the posted speed limit. 
2. Conviction of 70MPH or more where the posted zone was 35MPH or less.
3. Within a months period of the motorist accumulating (12) or more points on their license. 
4. Egregious acts of DWI, Reckless/Careless Driving, Violation of emergency vehicle yield.

MOVING VIOLATIONS

NMGS-14-6 – Vehicular Manslaughter/Negligent Homicide 

• A motorist causes death to another person while driving in a criminally negligent manner or by being in a vehicle to cause the death of another person. 

NMGS-14-7 – Hit and Run – Bodily Injury/Death

• Outcome of an auto collision consisting in the infliction of a serious bodily injury or death of another person. The motorist then knowingly leaves the scene of the accident not calling emergency services or assisting injured persons. (F)

NMGS-14-8 – Prearranged Street Racing

• It is unlawful for a person to take part in planning a prearranged street race or conspire to actively take part in the planning of the event. 

NMGS-14-9 – DWI – 0.08 BAC or More

• A person commits the offense of Driving While Intoxicated (DWI) if he/she drives any vehicle upon a roadway, any street, or any public zoned area with a BAC pass legal limits, while under the influence of an impairing substance. 
  • Consumption of alcohol with a concentration above 0.08
  • Any amount of Schedule I-II narcotics in blood or urine
• Driving in New Malverne implies consent to chemical testing for intoxication as required by law. Longer license suspensions may result from refusal to be tested.

NMGS-14-10 – Transporting Illegal Liquor for Sale

• Motorist transporting illegally purchased alcohol across state lines

NMGS-14-11 – Street Racing

• It shall be unlawful for any person to operate a motor vehicle on a street or highway willfully in prearranged or non, speed competition with another motor vehicle. 

NMGS-14-12 – Speeding to Elude

• It shall be unlawful for any person to operate a motor vehicle on a street, highway, or public vehicular area while fleeing or attempting to elude a law enforcement officer who is in the lawful performance of his duties. (M)
  • If two or more of the following aggravating factors are present at the time the violation occurs, violation of this section shall be a Felony (F)
    • Speeding in excess of 30 MPH over the posted speed limit
    • Gross impairment of the person while driving due to
      • Consumption of an impairing substance
      • A BAC of 0.15 or more. 
    • Reckless Driving
    • Negligent driving leading to an accident
    • Driving while license is revoked

NMGS-14-13 – Driving While License or Privileges to Drive Revoked or Suspended

• Any person whose drivers license or driving privilege has been canceled, suspended or revoked except for a habitual traffic offender, is subject to this statute. 
  • First Offense (M)
  • Second Offense (M) Classification as a Habitual Traffic Offender

NMGS-14-14 – Aggressive Driving (CDL)

• Any violations of NMGS (BELOW) while operating a commercial vehicle or holding a CDL license. 

NMGS-14-15 – Aggressive Driving (Class C)

• Any person who operates a motor vehicle on a street, highway, or public vehicular area is guilty of aggressive driving if the person commits (2) or more of these violations;
  • Drives carelessly and heedlessly in willful or wanton disregard of the rights or safety of others.
  • Running a red light in violation of NMGS
  • Running through a stop sign violation
  • Illegal passing in violation
  • Failing to yield right-of-way in violation
  • Following too closely
  • Excessive speed past posted limits
  • Shouting, finger gestures, offensive motions

NMGS-14-16 – Reckless Driving 

• Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb or property of another person shall be guilty of reckless driving. 
  • Driving 30MPH+over the posted limit
  • Racing another vehicle
  • Trying to elude a police officer
  • Passing another vehicle when visibility of oncoming traffic is limited

NMGS-14-17 – Hit and Run – Property Damage Only

• Outcome of an auto collision where the motorist damages property and leave the scene knowingly without contacting proper authorities. (M)

NMGS-14-18 – Passing a Stopped School Bus

• A motorist knowingly fails to stop for a school bus that has its red signal lights flashing or is stopped picking up passengers.

NMGS-14-19 – Speeding 30MPH+ Posted Limit

• Motorist is clocked by Radar, Lidar, Aircraft, or Pacing travelling in excess of the posted limit by 30MPH over. 
• Operator is subject to licensure revoke/suspension. 

NMGS-14-20 – At-Fault Accident – Death or Bodily Injury

• Motorist is at-fault for the accident, where grave bodily injury is involved or death.

NMGS-14-21 – At-Fault Accident – Property Damage Only

• Motorist is at-fault for the accident, with property damage involved. 

NMGS-14-22 – Illegal Passing

• An Operator of a motor vehicle may not pass on the right shoulder of the roadway to overtake another vehicle, nor pass on the left when double yellow lines are marked on the roads surface. 
• A Motorist shall slow when passing a bicycle.

NMGS-14-23 – Following Too Closely

• The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicles and the traffic upon and the condition of the highway.

NMGS-14-25 – Driving on Wrong Side of Road

• Except as otherwise provided by law, on all highways of sufficient width, the driver of a vehicle shall drive on the right half of the highway, unless it is impracticable to travel on such side of the highway and except when overtaking and passing. 

NMGS-14-26 – Failure to Observe Traffic Control Device (Sign/Light)

• The driver of any vehicle and the operator of any streetcar shall obey the instructions of any official traffic control device. This applies to traffic lights along with displayed road signs. 

NMGS-14-27 – Speeding Through Safety Zone

• No driver of a vehicle shall drive through or over a safety zone.

NMGS-14-28 – Speeding in School Zone

• When near a public or private educational institution, the speed limit of motoring vehicles drops 10MPH. Limits set pursuant to this statute are effect immediately when passing an educational institution. 

NMGS-14-29 – No Operators License

• Operator fails to fold a Class C or greater license while driving a motor vehicle on city or state roadways. 

NMGS-14-30 – Failure to Yield Right of Way

• Driver fails to properly yield to oncoming or parallel traffic and observe a proper Right of Way. 

NMGS-14-31 – Failure to Stop for Siren

• Motorist fails to yield or stop for an oncoming siren in use by an emergency vehicle as defined in NMGS-19
  • ‘Emergency’ vehicle equipped with emergency lighting with sirens. 

NMGS-14-32 – Failure to Signal Lane Change

• Motorists shall give atleast 100 feet before they turn or change lanes. 

NMGS-14-33 – Illegal Backing

• A Motorist shall not drive a vehicle, in reverse or make such movements that may interfere with traffic. 
• The Motorist shall not back upon any shoulder or roadway of limited access. 

NMGS-14-34 – No Liability Insurance

• A motorist must provide proof of financial liability through a licensed auto insurance company. This policy at a minimum must hold active liability coverage. 

NMGS-14-35 – Failure to Display License Plate

• Operators of a vehicle under their ownership of another person, are responsible for the display of a license plate registered through NMDMV. The license plate must be clearly mounted to the rear of the vehicle and observable to a passing motorist. Failure to show a license plate leaves the vehicle subject to impound.

NMGS-14-36 – Improper Window Tint

• Vehicle shows application of an illegal window tinting/sunshield film. Percents less than 35% are illegal (light smoke). Further violation if the tint colors is any shade other than black or light blue.

NMGS-14-37 – Illegal Vehicle Modification;

• If emissions: Improper fitment of a muffler or lack of converter resulting in increased emissions to the environment.
• If lighting: Improper lighting present on the vehicle at time of inspection, including but not limited to; tinted headlights, neon underglow emitting colors blue, red, pink, cyan, exterior lightbars producing excessive light. 

NMGS-14-38 – Speeding 14-29MPH Over Posted Limit

• Motorist is clocked by Radar, Lidar, Aircraft, or Pacing travelling in excess of the posted limit by 14-29MPH. 
• Measuring device has been calibrated to properly display the infractions speed.

NMGS-14-39 – Speeding 10-19MPH Over Posted Limit

• Motorist is clocked by Radar, Lidar, Aircraft, or Pacing travelling in excess of the posted limit by 10-19MPH. 

NMGS-14-40 – Speeding 1-9 MPH Over Posted Limit

• Motorist is clocked by Radar, Lidar, Aircraft, or Pacing travelling in excess of the posted limit by 1-9MPH. 

NMGS-14-41 – Use of Unsafe Vehicle

• No person shall drive or move on any highway, any motor vehicle, trailer, semitrailer or combination thereof, unless the vehicle is in good working order and adjusted properly. 
• Vehicles suspected to be in violation of this statute are subject to inspection by a Law Enforcement Officer.

NMGS-14-42 – Failure to use Restraint Device

• Motorists shall wear a seatbelt or restrain their child in a motor vehicle while travelling in motion on any roadway. 

NMGS-14-43 – Littering – when from motor vehicle

• Operator of a motor vehicle is observed throwing “litter” or garbage from a vehicle in motion. 

NMGS-14-44 – Failure to signal lane change

• Failing to turn on your amber turn signal to show another driver which lane you plan to occupy. 

NMGS-14-45 – Failure to maintain lane

• Operating your motor vehicle not keeping your vehicle within the proper lanes marked on the roadway.

NMGS-14-46 – Following too closely

• Driving your vehicle directly, or within 10 feet of the bumper of another vehicle

NMGS-14-47 – Helmet Law

• Operating a motorcycle or ATV without a US D.O.T. certified helmet. Furthermore, any vehicle without a proper rollcage.

NMGS-14-49 – Improper Parking

• Parking on a sidewalk, outside of lanes, in a fire lane, in an areas not designated, or another improper parking area as defined by the peace officer. 

NMGS-14-50 – Move Over Law

• Requires motorists to move over into the adjacent lane of traffic, when safe to do so, or alternatively to slow down to below half the posted speed limit for emergency vehicles, or tow vehicles. 

NMGS-14-55 – Operation of unregistered vehicle

• Operating a motor vehicle without registration documentation on person to show law enforcement. Failure to pay the fee associated with the documentation, or operating the vehicle while papers are expired. 

NMGS-14-56 – Operation of vehicle without financial liability insurance

• Operating a motor vehicle without an active liability insurance policy; or not having insurance documents to provide law enforcement.

NMGS-14-57 – Failure to yield for Emergency Lights/Sirens

• Not yielding to the side of the roadway when you have emergency lights or sirens approaching you. 

COMMERCIAL VEHICLE REGULATIONS

1. This section applies to the operation of any vehicle that carries goods, property, or people for hire or any vehicle with a maximum gross weight of 26,000 lbs.
2. Commercial vehicles may be stopped at any time by a certified commercial vehicle inspector in order to inspect said vehicle to ensure compliance
3. A driver that is operating a commercial motor vehicle must have all of the following in his or her possession in addition to any documents required in any other section:
   1. Except for trips that remain with 1 county.
   2. A duty log book
   3. Medical Certificate
   4. Accurate Cargo Manifest (for cargo carrying vehicles only)
   5. Complete drivers vehicle inspection record

CHAPTER XV

FURTHER GENERAL STATUES

NMGS-15-01- False Fire Alarms: Tampering with or Injuring Fire Alarm

MISDEMEANOR: Whoever gives a false alarm of fire, or unlawfully tampers or interferes with any fire alarm system, fire protection device, or the station or signal box of any fire alarms system or any auxiliary fire appliance, or unlawfully breaks, injures, defaces or removes any such system. 

FELONY: Whoever violates section 1 above, by tampering and knows or has reason to know that the tampering creates the potential for bodily harm or the tampering results in bodily harm is guilty of a felony and may be sentenced to imprisonment.

NMGS-15-02- Law enforcement officers permitted to carry firearms — Exceptions — Restrictions

Notwithstanding any law to the contrary, any law enforcement officer may carry firearms at all times and in all places within New Malverne, on-duty or off-duty, regardless of the officer’s regular duty hours or assignments, except as provided in the following restrictions:

– Off-duty LEO may not carry on federal property

– Who is consuming beer or an alcoholic beverage or who is under the influence of beer, an alcoholic beverage, or a controlled substance

– Off-duty peace officers may be asked to conceal carry on private property; off-duty peace officers are expected to respect a request to conceal carry.

 *****