N.M. Stat. § 6-10-40
Officials receiving consideration for placing loan or
deposit; misusing funds; failure to deposit; penalty.
Any person holding the office of state treasurer or the office of treasurer of any
county, city, town or board in control in this state or any public officer or employee
having in his custody or under his control any public money, who directly or indirectly
receives from any person or persons or body of persons, association or corporation for
himself or otherwise than in behalf of the state, county, city, town or board in control,
whose money is so in his custody or under his control, any reward, compensation or
profit, either in money or other property or thing of value, in consideration of a loan to or
a deposit with any such person or persons or body of persons, association or
corporation, of any of the public money so in his custody or under his control, or in
consideration of any other agreement or arrangement touching the use of the money or
any part thereof or who shall use or permit the use of any of the money for any purpose
not authorized by law or who shall willfully neglect or refuse to deposit the money in his
custody as required by this act or shall willfully deposit the money in his custody in any
bank, federally insured savings and loan association or federally insured credit union
not qualified to receive it under the provisions of this act or in excess of the amount for
which the bank, federally insured savings and loan association may have qualified shall
be deemed guilty of a felony 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 ten
years or both.