New Mexico Statutes

N.M. Stat. § 70-2-36 (2026)

Removing or altering marks of identification; penalty

✓ current as of May 2026
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A. No person shall remove, alter or attempt to remove or alter, any serial number, brand name, trademark or any other mark of identification from any tool or any other item of construction or oil field equipment by grinding, filing, welding or any other method with the intent to deprive its lawful owner of positive identification.

B. Any person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than one thousand dollars ($1,000) or imprisoned for a definite term of not more than one year or both.

History: 1953 Comp., § 65-3-36, enacted by Laws 1975, ch. 73, § 1.

Notes of Decisions
Cited in 2 cases, 2009–2015 · leading case: Marbob Energy Corp. v. New Mexico Oil Conservation Comm'n, 206 P.3d 135 (N.M. 2009).
Marbob Energy Corp. v. New Mexico Oil Conservation Comm'n, 206 P.3d 135 (N.M. 2009). · cites it 2× “Finally, Section 70-2-36 makes it a misdemeanor to alter or remove any identification mark of any kind from any tool, construction item, or oil field equipment with the intent to deprive its lawful owner of positive identification.”
SWEPI, LP v. Mora Cnty., 81 F. Supp. 3d 1075 (D.N.M. 2015). · cites it 4× “86-2, 1986 WL 220334 , at *2 (quoting N.M. Stat. Ann. § 70-2-36 )(emphasis in N.”
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