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Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience:  30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
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Is there any laws against pre op transgedered people using ...

Resolved Question:

Is there any laws against pre op transgedered people using public facilities of gender choice in new mexico?
Submitted: 9 years ago.
Category: Criminal Law
Expert:  Michelle replied 9 years ago.

Dear ladycounty69

This is the only thing I can find that might cause a criminal charge if people were to make complaints about the use of public restrooms by a transgendered person and that such use was an interference of them being able to use public property because they were not comfortable with the use while a transgendered person was in there.

30-8-1. Public nuisance.

A public nuisance consists of knowingly creating, performing or maintaining anything affecting any number of citizens without lawful authority which is either:

A. injurious to public health, safety, morals or welfare; or

B. interferes with the exercise and enjoyment of public rights, including the right to use public property.

Whoever commits a public nuisance for which the act or penalty is not otherwise prescribed by law is guilty of a petty misdemeanor.


Best to you ,


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