It is unlawful for an individual to:

1. A. act as a private investigator, private patrol operator, security guard, private investigations employee, private investigations manager or private patrol operations manager or to make any representation as being a licensee or registrant unless the individual is licensed by the department pursuant to the Private Investigations Act;
2. B. render physical protection for remuneration as a bodyguard unless the individual is licensed as a private investigator or a private patrol operator;
3. C. continue to act as a private investigator, private patrol operator, security guard, private investigations employee, private investigations manager or private patrol operations manager if the individual's license issued pursuant to the Private Investigations Act has expired;
4. D. falsely represent that the individual is employed by a licensee;
5. E. practice polygraphy for any remuneration without a license issued by the department in accordance with the Private Investigations Act; or
6. F. provide instruction to individuals to qualify for licensure as security guards or any other person who is required to have professional training to be licensed, certified or registered pursuant to the Private Investigations Act without a registration in good standing issued by the department in accordance with the Private Investigations Act.

History: Laws 1993, ch. 212, § 3; § 61-27A-3 recompiled as § 61-27B-3; Laws 2007, ch. 115, § 3; 2023, ch. 190, § 38.

ANNOTATIONS

Delayed repeal. — For delayed repeal of the section, see 61-27B-36 NMSA 1978.

Recompilations. — For recompilation of this section, see compiler’s note following 61-27B-1 NMSA 1978.

The 2023 amendment, effective July 1, 2023, provided that it is unlawful for an individual without a valid registration issued by the department in accordance with the Private Investigations Act to provide instruction for other individuals to qualify for licensure as a security guard or other profession that requires licensure; in the section heading, added "or registration"; and added Subsection F.

The 2007 amendment, effective July 1, 2007, requires a license to act as a security guard, private investigations employee, private investigations manager or private patrol operations manager.

Under former law. — The proponent of polygraph evidence must show that the polygraph examiner was licensed. State v. Sanders, 117 N.M. 452, 872 P.2d 870 (1994) (now see Rule 11-707 NMRA).

Law reviews. — For note, "Lie Detector Evidence - New Mexico Court of Appeals Holds Voice-Stress Lie Detector Evidence Conditionally Admissible: Simon Neustadt Family Ctr., Inc. v. Bludworth," see 13 N.M.L. Rev. 703 (1983).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 51 Am. Jur. 2d Licenses and Permits § 4.

Validity and construction of statutes licensing or otherwise regulating operators of polygraph or similar devices, 32 A.L.R.3d 1324.

53 C.J.S. Licenses § 34.