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Now, NewMexico District Attorney Mary Carmack-Altwies has announced that all of the individuals who destroyed a 152-year-old obelisk last October will be given “restorative justice” and no jail time. .” The seven defendants were charged with felony counts of damaging property worth over $1,000.
NewMexico has a provision that allows “involuntary manslaughter” charges for “the commission of a lawful act which might produce death in an unlawful manner or without due caution and circumspection.” Such a charge is a fourth-degree felony in NewMexico, with a penalty of 18 months jail time and up to $5,000 in fines.
Many of the crew were from California but the set is in NewMexico. The California code contains an ample criminal negligence or manslaughter provision: PART 1. NewMexico has an intentional infliction of emotional distress claim that can be based on “reckless” conduct. TITLE 8. (b) NMRA, Rule 13-1628.
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Criminal Law 
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