Desecration of a church consists of willfully, maliciously and intentionally defacing a church or any portion thereof.
Whoever commits desecration of a church is guilty of a misdemeanor, except that when the damage to the church amounts to more than one thousand dollars ($1,000) he is guilty of a fourth degree felony.
History: 1953 Comp., § 40A-15-3, enacted by Laws 1963, ch. 303, § 15-3; 1965, ch. 173, § 1.
Meaning of "church". — The sense in which "church" is used in this section is expressive of a place where persons regularly assemble for worship and is not limited to the Christian religion. State v. Vogenthaler, 1976-NMCA-030, 89 N.M. 150, 548 P.2d 112.
Contents not included. — Absent any legislative intent to the contrary, "church or any portion thereof" does not include the movable contents of the building. State v. Vogenthaler, 1976-NMCA-030, 89 N.M. 150, 548 P.2d 112.
No violation of establishment clause. — This section does not advance religion contrary to the First and Fourteenth Amendments of the United States Constitution. State v. Vogenthaler, 1976-NMCA-030, 89 N.M. 150, 548 P.2d 112.
Equal protection not violated. — The differences in the elements of this section and 30-15-1 NMSA 1978 provide a rational basis for the difference in penalties imposed for damage amounting to less than $1,000, in that violation of 30-15-1 NMSA 1978 requires only intentional damage, while this section involves willful, malicious and intentional defacement; therefore, this section does not violate equal protection. State v. Vogenthaler, 1976-NMCA-030, 89 N.M. 150, 548 P.2d 112.
Rational basis. — A rational basis for treating criminal damage to a church differently than criminal damage to other property is the role of religion in society as a whole. State v. Vogenthaler, 1976-NMCA-030, 89 N.M. 150, 548 P.2d 112.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Validity and construction of statute or ordinance prohibiting desecration of church, 90 A.L.R.3d 1119.
What is considered property "involved in" money laundering offense, and thus subject to civil or criminal forfeiture, for purposes of Money Laundering Control Act (18 USCS § 981(a)(1)(A) and 982(a)(1)), 135 A.L.R. Fed. 367.
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