Possession of deadly weapon or explosive by prisoner in lawful custody consists of any inmate of a penal institution, reformatory, jail or prison farm or ranch possessing any deadly weapon or explosive substance.
Whoever commits possession of deadly weapon or explosive by prisoner is guilty of a second degree felony.
History: 1953 Comp., § 40A-22-15, enacted by Laws 1963, ch. 303, § 22-15; 1986, ch. 4, § 1.
Cross references. — For definition of deadly weapon, see 30-1-12 NMSA 1978.
For sentencing for second degree felonies, see 31-18-15 NMSA 1978.
The 1986 amendment substituted "second degree felony" for "third degree felony" in the second paragraph.
Sufficient evidence of possession of a deadly weapon by a prisoner. — Where defendant was charged with two counts of possession of a deadly weapon by a prisoner, and where the state presented evidence that a razor blade was discovered concealed above defendant's bunk bed and a sharpened mop handle was discovered inside his mattress, in addition to statements made by defendant indicating that he had knowledge of the makeshift weapons, a jury could have reasonably inferred that defendant had knowledge of and control over both weapons, and therefore there was sufficient evidence to support defendant's convictions based on constructive possession. State v. Benally, 2019-NMCA-048, cert. granted.
Insufficient indicia of distinctness to justify multiple punishments for possession of a deadly weapon by a prisoner. — Where defendant was convicted of two counts of possession of a deadly weapon by a prisoner based on evidence that a razor blade was discovered concealed above his bunk bed and a sharpened mop handle was discovered inside his mattress, there was insufficient evidence to indicate possessory conduct sufficiently distinct in nature to support multiple punishments, and the minor differences in functionality between the two prison-made weapons possessed by defendant does not justify convicting him of separate counts of possession of a deadly weapon by a prisoner. State v. Benally, 2019-NMCA-048, cert. granted.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Sufficiency of evidence of possession in prosecution under state statute prohibiting persons under indictment for, or convicted of, crime from acquiring, having, carrying, or using firearms or weapons, 43 A.L.R.4th 788.
Fact that gun was unloaded as affecting criminal responsibility, 68 A.L.R.4th 507.
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