N.M. Stat. § 4-44-32
[Embezzlement; negligence; perjury; penalties.]
Any county officer who shall willfully fail to account for or pay over as required by law
any and all fees, commissions, mileage, per diem or moneys earned by him, which
heretofore have, or hereafter may, come into his hands by virtue of his office, shall be
deemed guilty of embezzlement, and upon conviction thereof shall be punished by a
fine of not more than five thousand dollars [($5,000)], or by imprisonment for not more
than five years, or both, and in addition thereto shall be summarily removed from office
by the court imposing sentence.
And any officer who shall willfully fail or neglect to discharge the duties of his office,
upon conviction thereof, shall be punished by a fine of not more than one thousand
dollars [($1,000)], or by imprisonment for not more than six months, or both, and in
addition thereto shall be summarily removed from office by the court imposing sentence.
Any such officer who shall willfully swear falsely as to any itemized account required
by this act to be rendered under oath shall be deemed guilty of perjury, and upon
conviction thereof shall be punished by imprisonment for not less than two nor more
than five years, and shall be summarily removed from office by the court imposing
sentence.