SENATE BILL 18

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Craig W. Brandt and Steve D. Lanier

 

 

 

 

 

AN ACT

RELATING TO CRIMES AGAINST THE PUBLIC PEACE; CREATING THE CRIME OF SWATTING; PRESCRIBING PENALTIES FOR SWATTING; INCREASING THE PENALTY FOR MAKING A SHOOTING THREAT TO A FOURTH DEGREE FELONY; DEFINING "PUBLIC SAFETY AGENCY"; MAKING CONFORMING AMENDMENTS.

 

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 to a public safety agency of an ongoing emergency or threat of violence with the intent to cause an immediate response from a public safety agency.

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

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

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

          F. As used in this section:

                (1) "economic harm" means [all] direct, incidental and consequential financial harm [suffered by a victim of the offense of making a bomb scare or shooting threat. "Economic harm"] and includes:

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

                     (2)] (b) 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 making a bomb scare or shooting threat]; and

                     [(3)] (c) overhead costs incurred for the period of time that a business is shut down; [as a result of the commission of the offense of making a bomb scare or shooting threat] and

                (2) "public safety agency" means a law enforcement, firefighting or emergency medical services agency or a public safety answering point operating in accordance with the Enhanced 911 Act."

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