HOUSE BILL 26

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

William "Bill" R. Rehm and Peter Wirth

AN ACT

RELATING TO CRIMINAL LAW; PROHIBITING INTIMIDATION OF A JUDGE; PROHIBITING RETALIATION; PROVIDING PENALTIES.

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

     SECTION 1. A new section of the Criminal Code is enacted to read:

     "[NEW MATERIAL] INTIMIDATION OF A JUDGE--RETALIATION.--

          A. Intimidation of a judge consists of intentionally engaging in conduct that places a judge in reasonable apprehension of physical harm with the intent to influence the judge's exercise of the judge's official authority. 

          B. Retaliation against a judge consists of intentionally causing bodily injury to or damage to the property of a judge or other person with the intent to retaliate against the judge for the judge's exercise of the judge's official authority.

          C. A person who commits intimidation of a judge is guilty of a third degree felony.

          D. A person who commits retaliation against a judge is guilty of a second degree felony.

          E. Prosecution pursuant to this section shall not prevent prosecution pursuant to any other provision of law when the conduct also constitutes a violation of that other provision.

          F. As used in this section, "judge" means a justice, a judge, a magistrate, a domestic violence special commissioner or a judicial hearing officer."

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