As a driver, there are many ways you can interact with law enforcement officers while on the road. You may think a harmless gesture like flipping off a police officer is just a way to express your frustration, but in New Mexico, it can have harsh consequences. The state’s laws are strict, and officers take a dim view of disrespect towards their uniform.
But is flipping off a cop, also known as giving a rude hand gesture, strictly illegal in New Mexico? In this article, we will explore what the law says and what the potential penalties are. Whether you’re a resident or just visiting, it’s always a good idea to know what not to do when stopped by the authorities.
Understanding New Mexico Law
According to New Mexico law ( NM Stat. § 30-22-5(C) ) , a person commits the crime of disorderly conduct if they intentionally behave in a way that annoys, alarms, or disturbs another person or the public. Flipping off a police officer is considered disorderly conduct if done with the intent to provoke a response or cause a disturbance.
Disorderly conduct is typically a low-level misdemeanor, punishable by up to 90 days in jail and a fine of up to $500. However, the court may also impose additional penalties depending on the circumstances.
Disrespecting a Police Officer
New Mexico law also has a specific statute addressing disrespect towards police officers ( NM Stat. § 30-15-1 ). Disrespecting a police officer is considered a second-degree misdemeanor, punishable by up to six months in jail and a fine of up to $1,000.
While disrespecting an officer and disorderly conduct may seem similar, there’s an important difference. Disorderly conduct is a catch-all offense that includes flipping off an officer, but disrespecting a police officer is a specific crime that involves intentionally ignoring or disobeying an officer’s lawful order.
Flipping Off a Cop in New Mexico: The Risks
Flipping off a police officer in New Mexico can lead to a disorderly conduct charge, which is punishable by up to 90 days in jail and a fine of up to $500. If you also disrespect the officer, that fine goes up to $1,000. If the situation escalates into a more serious situation, you could face felony charges, which carry longer prison sentences.
To avoid these consequences, it’s best to keep your cool and behave respectfully when interacting with law enforcement officers. Whether you agree with their actions or not, they are there to ensure public safety.
Example Cases and Sentencing
Recent cases have shown that the consequences of disrespecting a police officer can be severe. For example, an Albuquerque woman was charged with misdemeanor battery of a police officer after she spat on a police officer and flipped him off during a 2022 incident. She pleaded no contest and received a sentence of six months of unsupervised probation and a fine of $500.
Another example is a case from Santa Fe, where a motorist was charged with disorderly conduct after flipping off a police officer during a traffic stop. He received a sentence of 20 days in the county jail and a fine of $300.
Flipping Off a Cop in New Mexico: Conclusion
When it comes to flipping off a cop in New Mexico, the law is clear: it’s not a good idea. Not only can you face a disorderly conduct charge, but disrespecting a police officer can carry harsher penalties.
While the thought experiment is tempting to explore online or with friends, it’s worth considering the risks in real life. [1](https://www.nolo.com/legal-encyclopedia/new-mexico-disorderly-conduct_law-33044.html#citation) Avoid being a stellar example of how not to behave during a traffic stop or interaction with law enforcement.
