SENATE BILL

56th legislature - STATE OF NEW MEXICO - second session, 2024

INTRODUCED BY

Craig W. Brandt

 

 

 

 

 

AN ACT

RELATING TO CRIMES AGAINST THE PUBLIC PEACE; INCREASING THE PENALTY OF MAKING A SHOOTING THREAT TO A FOURTH DEGREE FELONY; CREATING THE CRIME OF SWATTING; PRESCRIBING PENALTIES.

 

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

     SECTION 1. Section 30-20-16 NMSA 1978 (being Laws 1975, Chapter 285, Section 1, as amended) is amended to read:

     "30-20-16. BOMB SCARES [AND], SHOOTING THREATS AND SWATTING UNLAWFUL.--

          A. Making a bomb scare consists of falsely and maliciously stating to another person that a bomb or other explosive has been placed in such a position that property or persons are likely to be injured or destroyed.

          B. Making a shooting threat consists of intentionally communicating to another person an intent to bring a firearm to a property or use the firearm with the intent to:

                (1) place a person or group of persons in fear of great bodily harm;

                (2) prevent or interrupt the occupation or use of a public building; or

                (3) cause a response to the threat by a law enforcement official or volunteer agency organized to deal with emergencies.

          C. Swatting consists of knowingly making a false or misleading report of an ongoing emergency or threat of violence to a public safety agency or agency personnel or to a public safety answering point, with the intent to cause an immediate response from law enforcement and other first responders.

          [C.] D. Whoever commits making a bomb scare is guilty of a fourth degree felony.

          [D.] E. Whoever commits making a shooting threat is guilty of a [misdemeanor] fourth degree felony.

          F. Whoever commits swatting is guilty of a fourth degree felony.

          [E.] G. A court may order a person convicted for the offense of swatting or making a bomb scare or shooting threat to reimburse the victim of the offense for economic harm caused by that offense.

          [F.] H. As used in this section, "economic harm" means all direct, incidental and consequential financial harm suffered by a victim of the offense of swatting or making a bomb scare or shooting threat. "Economic harm" includes:

                (1) wages, salaries or other compensation lost as a result of the commission of the offense of swatting or making a bomb scare or shooting threat;

                (2) the cost of all wages, salaries or other compensation paid to employees for time that those employees are prevented from working as a result of the commission of the offense of swatting or making a bomb scare or shooting threat; and

                (3) overhead costs incurred for the period of time that a business is shut down as a result of the commission of the offense of swatting or making a bomb scare or shooting threat.

          I. As used in this section:

                (1) "public safety agency" means a public body that provides firefighting, law enforcement, ambulance, medical or other emergency services; and

                (2) "public safety answering point" means a twenty-four-hour local jurisdiction communications facility that receives 911 calls."

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