New Mexico Statutes
N.M. Stat. § 60-7B-1 (2026)
1 NMSA 1978. The fact-finder shall consider all the circumstances of the sale
✓ current as of May 2026
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in determining whether there is negligence such as the representation used to obtain the alcoholic beverage. It shall not be negligence per se to violate Sections 60-7B-1 and
Notes of Decisions
Cited in 27
cases (6 in the last 5 years), 1983–2024 · leading case: State v. Muller, 508 P.3d 960 (N.M. Ct. App. 2022).
State v. Muller, 508 P.3d 960 (N.M. Ct. App. 2022). “{6} The case went to trial in January 2017. M.V. recounted four incidents in which she and Defendant had sexual intercourse.”
Town & Country v. Nm Reg. & Licensing, 277 P.3d 490 (N.M. Ct. App. 2012). “Section 60-7B-1(A) provides that "[i]t is a violation of the [Act] for a person, including a person licensed pursuant to the provisions of the [Act], or an employee, agent or lessee of that person, if he knows or has reason to know that he is violating the provisions of this…”
Erica, Inc. v. New Mexico Reg. & Licensing Dep't, 184 P.3d 444 (N.M. Ct. App. 2008). “{2} ERICA argues that the hearing officer misapplied the law in construing NMSA 1978, § 60-7B-6 (1985), which provides a defense when the “accused licensee in good faith demanded and was shown an identity card before furnishing any alcoholic beverages to a minor,” as well as in…”
Town & Country Food Stores, Inc. v. New Mexico Reg. & Licensing Dep't, 2012 NMCA 46 (N.M. Ct. App. 2012). “Section 60-7B-1(A) provides that “[i]t is a violation of the [Act] for a person, including a person licensed pursuant to the provisions of the [Act], or an employee, agent or lessee of that person, if he knows or has reason to know that he is violating the provisions of this…”
State v. Javier M., 33 P.3d 1 (N.M. 2001). “, appeals his adjudication for minor in possession of alcoholic beverages contrary to NMSA 1978, § 60-7B-1(C) (1998) ("It is a violation of the Liquor Control Act for a minor to .”
State v. Perea, 16 P.3d 1105 (N.M. Ct. App. 2001). “He argues that he should have been convicted of the more specific misdemeanor crime of "Selling or giving alcoholic beverages to a minor; possession" pursuant to NMSA 1978, § 60-7B-1 (1993, as amended through 1998).”
Trujillo Ex Rel. Est. of Trujillo v. Trujillo, 721 P.2d 1310 (N.M. Ct. App. 1986). “This court extended the class of persons to whom duty was owed to include minors under Sections 60-7B-1 and -1.1. We concluded that these statutes were designed for the protection of minors as well as for the protection of members of the public.”
State v. Perea, 2001 NMCA 002 (N.M. Ct. App. 2000). “He argues that he should have been convicted of the more specific misdemeanor crime of “Selling or giving alcoholic beverages to a minor; possession” pursuant to NMSA 1978, § 60-7B-1 (1993, as amended through 1998).”
State v. Perea, 31 P.3d 1006 (N.M. 2001). “{3} Under the version of Section 60-7B-1 in effect on the date of the offense, the statute applied only to those persons “licensed pursuant to the provisions of the Liquor Control Act, or any employee, agent, or lessee of that person.”
State v. Tywayne H., 933 P.2d 251 (N.M. Ct. App. 1997). “See § 32A-2-3(A)(2); NMSA 1978, § 60-7B-1(B), (E) (Repl.Pamp.1994).”
Porter v. Ortiz, 665 P.2d 1149 (N.M. Ct. App. 1983). “) make it a violation of the Liquor Control Act to "sell" or "deliver" alcohol to a minor, or to "aid or assist" a minor in procuring alcohol. In MRC, the predecessor statute to § 60-7B-1(A), supra, which was substantially the same as the new statute, created a duty to a third…”
State v. Rodarte, 125 P.3d 647 (N.M. Ct. App. 2005). “” Section 60-7B-1(C), which is the minor in possession charge on which Defendant was arrested, is part of the Liquor Control Act.”
N.M. Stat. § 60-7B-1(A): 12 cases
State v. Muller, 508 P.3d 960 (N.M. Ct. App. 2022). “{6} The case went to trial in January 2017. M.V. recounted four incidents in which she and Defendant had sexual intercourse.”
Town & Country v. Nm Reg. & Licensing, 277 P.3d 490 (N.M. Ct. App. 2012). “Section 60-7B-1(A) provides that "[i]t is a violation of the [Act] for a person, including a person licensed pursuant to the provisions of the [Act], or an employee, agent or lessee of that person, if he knows or has reason to know that he is violating the provisions of this…”
Town & Country Food Stores, Inc. v. New Mexico Reg. & Licensing Dep't, 2012 NMCA 46 (N.M. Ct. App. 2012). “Section 60-7B-1(A) provides that “[i]t is a violation of the [Act] for a person, including a person licensed pursuant to the provisions of the [Act], or an employee, agent or lessee of that person, if he knows or has reason to know that he is violating the provisions of this…”
State v. Perea, 31 P.3d 1006 (N.M. 2001). “{3} Under the version of Section 60-7B-1 in effect on the date of the offense, the statute applied only to those persons “licensed pursuant to the provisions of the Liquor Control Act, or any employee, agent, or lessee of that person.”
Trujillo Ex Rel. Est. of Trujillo v. Trujillo, 721 P.2d 1310 (N.M. Ct. App. 1986). “This court extended the class of persons to whom duty was owed to include minors under Sections 60-7B-1 and -1.1. We concluded that these statutes were designed for the protection of minors as well as for the protection of members of the public.”
N.M. Stat. § 60-7B-1(A)(1): 6 cases
Town & Country v. Nm Reg. & Licensing, 277 P.3d 490 (N.M. Ct. App. 2012). “Section 60-7B-1(A) provides that "[i]t is a violation of the [Act] for a person, including a person licensed pursuant to the provisions of the [Act], or an employee, agent or lessee of that person, if he knows or has reason to know that he is violating the provisions of this…”
State v. Muller, 508 P.3d 960 (N.M. Ct. App. 2022). “{6} The case went to trial in January 2017. M.V. recounted four incidents in which she and Defendant had sexual intercourse.”
Town & Country Food Stores, Inc. v. New Mexico Reg. & Licensing Dep't, 2012 NMCA 46 (N.M. Ct. App. 2012). “Section 60-7B-1(A) provides that “[i]t is a violation of the [Act] for a person, including a person licensed pursuant to the provisions of the [Act], or an employee, agent or lessee of that person, if he knows or has reason to know that he is violating the provisions of this…”
State v. Leon, 2013 NMCA 11 (N.M. Ct. App. 2012).
State v. Kennedy (N.M. Ct. App. 2019).
N.M. Stat. § 60-7B-1(A)(2): 2 cases
State v. Perea, 16 P.3d 1105 (N.M. Ct. App. 2001). “He argues that he should have been convicted of the more specific misdemeanor crime of "Selling or giving alcoholic beverages to a minor; possession" pursuant to NMSA 1978, § 60-7B-1 (1993, as amended through 1998).”
State v. Perea, 2001 NMCA 002 (N.M. Ct. App. 2000). “He argues that he should have been convicted of the more specific misdemeanor crime of “Selling or giving alcoholic beverages to a minor; possession” pursuant to NMSA 1978, § 60-7B-1 (1993, as amended through 1998).”
N.M. Stat. § 60-7B-1(B): 4 cases
State v. Muller, 508 P.3d 960 (N.M. Ct. App. 2022). “{6} The case went to trial in January 2017. M.V. recounted four incidents in which she and Defendant had sexual intercourse.”
State v. Tywayne H., 933 P.2d 251 (N.M. Ct. App. 1997). “See § 32A-2-3(A)(2); NMSA 1978, § 60-7B-1(B), (E) (Repl.Pamp.1994).”
State v. Benjamin C., 781 P.2d 795 (N.M. Ct. App. 1989).
State v. Muller (N.M. Ct. App. 2022).
N.M. Stat. § 60-7B-1(B)(1): 3 cases
State v. Muller, 508 P.3d 960 (N.M. Ct. App. 2022). “{6} The case went to trial in January 2017. M.V. recounted four incidents in which she and Defendant had sexual intercourse.”
State v. Kennedy (N.M. Ct. App. 2019).
State v. Muller (N.M. Ct. App. 2022).
N.M. Stat. § 60-7B-1(C): 5 cases
State v. Javier M., 33 P.3d 1 (N.M. 2001). “, appeals his adjudication for minor in possession of alcoholic beverages contrary to NMSA 1978, § 60-7B-1(C) (1998) ("It is a violation of the Liquor Control Act for a minor to .”
State v. Muller, 508 P.3d 960 (N.M. Ct. App. 2022). “{6} The case went to trial in January 2017. M.V. recounted four incidents in which she and Defendant had sexual intercourse.”
State v. Rodarte, 125 P.3d 647 (N.M. Ct. App. 2005). “” Section 60-7B-1(C), which is the minor in possession charge on which Defendant was arrested, is part of the Liquor Control Act.”
City of Artesia v. Billips (N.M. Ct. App. 2012).
State v. Crisantos G (N.M. Ct. App. 2009).
N.M. Stat. § 60-7B-1(D): 5 cases
State v. Perea, 16 P.3d 1105 (N.M. Ct. App. 2001). “He argues that he should have been convicted of the more specific misdemeanor crime of "Selling or giving alcoholic beverages to a minor; possession" pursuant to NMSA 1978, § 60-7B-1 (1993, as amended through 1998).”
State v. Muller, 508 P.3d 960 (N.M. Ct. App. 2022). “{6} The case went to trial in January 2017. M.V. recounted four incidents in which she and Defendant had sexual intercourse.”
State v. Perea, 2001 NMCA 002 (N.M. Ct. App. 2000). “He argues that he should have been convicted of the more specific misdemeanor crime of “Selling or giving alcoholic beverages to a minor; possession” pursuant to NMSA 1978, § 60-7B-1 (1993, as amended through 1998).”
State v. Muller (N.M. Ct. App. 2022).
State v. Kennedy (N.M. Ct. App. 2019).
N.M. Stat. § 60-7B-1(E): 1 case
State v. Perea, 16 P.3d 1105 (N.M. Ct. App. 2001). “He argues that he should have been convicted of the more specific misdemeanor crime of "Selling or giving alcoholic beverages to a minor; possession" pursuant to NMSA 1978, § 60-7B-1 (1993, as amended through 1998).”
N.M. Stat. § 60-7B-1(F): 4 cases
Town & Country v. Nm Reg. & Licensing, 277 P.3d 490 (N.M. Ct. App. 2012). “Section 60-7B-1(A) provides that "[i]t is a violation of the [Act] for a person, including a person licensed pursuant to the provisions of the [Act], or an employee, agent or lessee of that person, if he knows or has reason to know that he is violating the provisions of this…”
Town & Country Food Stores, Inc. v. New Mexico Reg. & Licensing Dep't, 2012 NMCA 46 (N.M. Ct. App. 2012). “Section 60-7B-1(A) provides that “[i]t is a violation of the [Act] for a person, including a person licensed pursuant to the provisions of the [Act], or an employee, agent or lessee of that person, if he knows or has reason to know that he is violating the provisions of this…”
State v. Muller, 508 P.3d 960 (N.M. Ct. App. 2022). “{6} The case went to trial in January 2017. M.V. recounted four incidents in which she and Defendant had sexual intercourse.”
State v. Muller (N.M. Ct. App. 2022).
N.M. Stat. § 60-7B-1(F)(1): 2 cases
State v. Perea, 16 P.3d 1105 (N.M. Ct. App. 2001). “He argues that he should have been convicted of the more specific misdemeanor crime of "Selling or giving alcoholic beverages to a minor; possession" pursuant to NMSA 1978, § 60-7B-1 (1993, as amended through 1998).”
State v. Perea, 2001 NMCA 002 (N.M. Ct. App. 2000). “He argues that he should have been convicted of the more specific misdemeanor crime of “Selling or giving alcoholic beverages to a minor; possession” pursuant to NMSA 1978, § 60-7B-1 (1993, as amended through 1998).”
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