46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO CRIMINAL LAW; INCREASING PENALTIES FOR CRIMES AGAINST HOUSEHOLD MEMBERS WHEN THE CRIMES ARE COMMITTED IN THE PRESENCE OF A CHILD; AMENDING SECTIONS OF THE CRIMES AGAINST HOUSEHOLD MEMBERS ACT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 30-3-10 NMSA 1978 (being Laws 1995, Chapter 221, Section 1) is amended to read:

"30-3-10. SHORT TITLE.--[This act] Sections 30-3-10 through 30-3-16 NMSA 1978 may be cited as the "Crimes Against Household Members Act"."

Section 2. Section 30-3-11 NMSA 1978 (being Laws 1995, Chapter 221, Section 2) is amended to read:

"30-3-11. DEFINITIONS.--As used in the Crimes Against Household Members Act:

A. "household member" means a spouse, former spouse or family member, including a relative, parent, present or former step-parent, present or former in-law, a co-parent of a child or a person with whom a person has had a continuing personal relationship. Cohabitation is not necessary to be deemed a household member for the purposes of the Crimes Against Household Members Act; and

B. "child" means a minor under the age of thirteen."

Section 3. Section 30-3-12 NMSA 1978 (being Laws 1995, Chapter 221, Section 3) is amended to read:

"30-3-12. ASSAULT AGAINST A HOUSEHOLD MEMBER.--

A. Assault against a household member consists of:

(1) an attempt to commit a battery against a household member; or

(2) any unlawful act, threat or menacing conduct that causes a household member to reasonably believe that he is in danger of receiving an immediate battery.

B. Whoever commits assault against a household member is guilty of a petty misdemeanor.

C. Whoever commits assault against a household member while in the presence of a child is guilty of a misdemeanor."

Section 4. Section 30-3-13 NMSA 1978 (being Laws 1995, Chapter 221, Section 4) is amended to read:

"30-3-13. AGGRAVATED ASSAULT AGAINST A HOUSEHOLD MEMBER.--

A. Aggravated assault against a household member consists of:

(1) unlawfully assaulting or striking at a household member with a deadly weapon; or

(2) willfully and intentionally assaulting a household member with intent to commit any felony.

B. Whoever commits aggravated assault against a household member is guilty of a fourth degree felony.

C. Whoever commits aggravated assault against a household member while in the presence of a child is guilty of a third degree felony."

Section 5. Section 30-3-14 NMSA 1978 (being Laws 1995, Chapter 221, Section 5) is amended to read:

"30-3-14. ASSAULT AGAINST A HOUSEHOLD MEMBER WITH INTENT TO COMMIT A VIOLENT FELONY.--

A. Assault against a household member with intent to commit a violent felony consists of any person assaulting a household member with intent to kill or commit any murder, mayhem, criminal sexual penetration in the first, second or third degree, robbery, kidnapping, false imprisonment or burglary.

B. Whoever commits assault against a household member with intent to commit a violent felony is guilty of a third degree felony.

C. Whoever commits assault against a household member with intent to commit a violent felony while in the presence of a child is guilty of a second degree felony."

Section 6. Section 30-3-15 NMSA 1978 (being Laws 1995, Chapter 221, Section 6, as amended) is amended to read:

"30-3-15. BATTERY AGAINST A HOUSEHOLD MEMBER.--

A. Battery against a household member consists of the unlawful, intentional touching or application of force to the person of a household member, when done in a rude, insolent or angry manner.

B. Whoever commits battery against a household member is guilty of a misdemeanor.

C. Whoever commits battery against a household member while in the presence of a child is guilty of a fourth degree felony."

Section 7. Section 30-3-16 NMSA 1978 (being Laws 1995, Chapter 221, Section 7) is amended to read:

"30-3-16. AGGRAVATED BATTERY AGAINST A HOUSEHOLD MEMBER.--

A. Aggravated battery against a household member consists of the unlawful touching or application of force to the person of a household member with intent to injure that person or another.

B. Whoever commits aggravated battery against a household member by inflicting an injury to that person that is not likely to cause death or great bodily harm, but that does cause painful temporary disfigurement or temporary loss or impairment of the functions of any member or organ of the body, is guilty of a misdemeanor.

C. Whoever commits aggravated battery against a household member by inflicting an injury to that person that is not likely to cause death or great bodily harm, but that does cause painful temporary disfigurement or temporary loss or impairment of the functions of any member or organ of the body, while in the presence of a child is guilty of a fourth degree felony.

[C.] D. Whoever commits aggravated battery against a household member by inflicting great bodily harm or doing so with a deadly weapon or doing so in [any] a manner whereby great bodily harm or death can be inflicted is guilty of a third degree felony.

E. Whoever commits aggravated battery against a household member by inflicting great bodily harm or doing so with a deadly weapon or doing so in a manner whereby great bodily harm or death can be inflicted while in the presence of a child is guilty of a second degree felony."

Section 8. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.