HOUSE BILL 282

50th legislature - STATE OF NEW MEXICO - second session, 2012

INTRODUCED BY

Cathrynn N. Brown

AN ACT

RELATING TO CRIMINAL LAW; PROVIDING THAT INTENTIONAL ARSON COMMITTED ON AN OCCUPIED STRUCTURE IS A FELONY; EXPANDING THE CRIME OF AGGRAVATED ARSON TO INCLUDE BODILY INJURY AND DEATH; PROVIDING PENALTIES.

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

     SECTION 1. Section 30-17-5 NMSA 1978 (being Laws 1970, Chapter 39, Section 1, as amended) is amended to read:

     "30-17-5. ARSON AND NEGLIGENT ARSON.--

          A. Arson consists of a person maliciously or willfully starting a fire or causing an explosion with the purpose of destroying or damaging:

                (1) a building, occupied structure or property of another person;

                (2) a bridge, utility line, fence or sign; or

                (3) any property, whether the person's own property or the property of another person, to collect insurance for the loss.

          B. Whoever commits arson to property other than an occupied structure and there is no resulting damage or when the damage is two hundred fifty dollars ($250) or less is guilty of a petty misdemeanor.

          C. Whoever commits arson to property other than an occupied structure when the damage is over two hundred fifty dollars ($250) but not more than five hundred dollars ($500) is guilty of a misdemeanor.

          D. Whoever commits arson to property other than an occupied structure when the damage is over five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500) is guilty of a fourth degree felony.

          E. Whoever commits arson to an occupied structure when there is no resulting damage or when the damage is two thousand five hundred dollars ($2,500) or less is guilty of a fourth degree felony.

          [E.] F. Whoever commits arson when the damage is over two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000) is guilty of a third degree felony.

          [F.] G. Whoever commits arson when the damage is over twenty thousand dollars ($20,000) is guilty of a second degree felony.

          [G.] H. Negligent arson consists of a person recklessly starting a fire or causing an explosion, whether on the person's property or the property of another person, and thereby directly:

                (1) causing the death or bodily injury of another person; or

                (2) damaging or destroying a building or occupied structure of another person.

          [H.] I. Whoever commits negligent arson is guilty of a fourth degree felony.

          [I.] J. As used in this section, "occupied structure" includes a boat, trailer, car, airplane, structure or place adapted for the transportation or storage of property, for overnight accommodations of persons or for carrying on a business therein, whether or not a person is actually present."

     SECTION 2. Section 30-17-6 NMSA 1978 (being Laws 1963, Chapter 303, Section 17-6) is amended to read:

     "30-17-6. AGGRAVATED ARSON.--

          A. Aggravated arson consists of the [wilful] willful or malicious damaging by any explosive substance or the [wilful] willful or malicious setting fire to any bridge, aircraft, watercraft, vehicle, pipe line, utility line, communication line or structure, railway structure, private or public building, dwelling or other structure, causing a person bodily injury, great bodily harm or death.

          B. Whoever commits aggravated arson causing bodily injury to another person is guilty of a third degree felony.

          C. Whoever commits aggravated arson causing great bodily harm or death to another person is guilty of a second degree felony.

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

     SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2012.

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