HOUSE BILL 8

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

INTRODUCED BY

Mary Helen Garcia

AN ACT

RELATING TO CRIMINAL OFFENSES; CHANGING THE CONDITIONS TO REDUCE KIDNAPPING TO A SECOND DEGREE FELONY.

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

     Section 1. Section 30-4-1 NMSA 1978 (being Laws 1963, Chapter 303, Section 4-1, as amended) is amended to read:

     "30-4-1. KIDNAPPING.--

          A. Kidnapping is the unlawful taking, restraining, transporting or confining of a person, by force, intimidation or deception, with intent:

                (1) that the victim be held for ransom;

                (2) that the victim be held as a hostage or shield and confined against his will;

                (3) that the victim be held to service against the victim's will; or

                (4) to inflict death, physical injury or a sexual offense on the victim.

          B. Whoever commits kidnapping is guilty of a first degree felony, except that he is guilty of a second degree felony when he voluntarily frees the victim in a safe place and does not inflict [great bodily harm upon] physical injury or a sexual offense on the victim."

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