New Mexico, like many states, harbors a collection of unusual laws that offer a glimpse into its past and sometimes raise eyebrows in the present. While some of these laws may seem outdated or even bizarre, they remain on the books, reflecting a unique legal landscape. Three such laws stand out: the prohibition of dueling, the penalty for tripping a horse, and the restrictions on the use of the national and state anthems.
The first, New Mexico’s dueling law, harkens back to a bygone era when disputes were often settled through formalized combat. This law, codified in New Mexico Statutes Chapter 30, Criminal Offenses § 30-20-11, explicitly forbids engaging in or even facilitating a duel. It defines a duel broadly, encompassing not only the physical act of fighting but also the exchange of challenges, whether written or verbal. Anyone involved in a duel, from the participants to the seconds, faces a fourth-degree felony charge. While duels are thankfully rare in modern times, the law remains as a curious reminder of a more combative past.
The second peculiar law addresses the seemingly specific act of tripping a horse. Outlined in New Mexico Statute § 30-18-11, this law prohibits intentionally causing a horse, donkey, pony, mule, or hinny to lose its balance or fall using any object, specifically for sport or entertainment. The law exempts actions taken for medical or identification purposes. Tripping a horse under this statute constitutes a misdemeanor, but if the animal is injured as a result, the offense escalates to a fourth-degree felony. This law likely reflects a concern for animal welfare and a desire to prevent cruel practices disguised as entertainment.
The third noteworthy law concerns the proper use of anthems. New Mexico Statute § 30-21-5 dictates that both the national anthem, “The Star-Spangled Banner,” and the state anthem, “Oh Fair New Mexico,” must be performed in their entirety or as a standalone piece in any public setting. Partial performances or incorporating the anthems into other musical arrangements are considered “improper use” and punishable as a petty misdemeanor. This law emphasizes the respect and reverence due to these symbolic songs.
These three laws, though diverse in their subject matter, share a common thread: they reflect societal values and concerns, albeit from different eras. The dueling law speaks to a time when honor and personal reputation were paramount, while the horse-tripping law highlights the importance of animal welfare. The anthem law underscores the symbolic significance of these musical pieces and the importance of treating them with respect.
While the practical application of these laws may be infrequent in contemporary society, they remain a part of New Mexico’s legal code. They serve as a reminder of the state’s history, its values, and the evolution of its legal system. These quirky laws, though seemingly out of place in the modern world, offer a unique perspective on the legal landscape and provide a glimpse into the past.
The continued existence of these laws, despite their infrequent application, raises questions about the process of legal reform. While some might argue for their repeal due to their obsolescence, others might advocate for their preservation as historical curiosities or as potential deterrents to behaviors that, while rare, could still occur. The debate over these and other unusual laws highlights the ongoing tension between maintaining legal tradition and adapting to changing societal norms.
