44th legislature - STATE OF NEW MEXICO - first session, 1999

RELATING TO CRIMINAL LAW; CREATING NEW CRIMINAL OFFENSES REGARDING ARSON; PROVIDING FOR THE RECOVERY OF FIREFIGHTING COSTS; CREATING A NEW CRIMINAL OFFENSE FOR IMPERSONATING A FIREFIGHTER, FIRE INVESTIGATOR OR EMERGENCY MEDICAL TECHNICIAN; PRESCRIBING 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] ARSON IN THE SECOND DEGREE.--

A. Arson in the second degree consists of:

(1) a person willfully and maliciously setting fire to or burning or by the use of an explosive device or explosive substance destroying, or causing to be burned or destroyed, in whole or in part, a dwelling or occupied building, whether the property of himself or another person; or

(2) a person willfully and maliciously setting fire to or burning or by the use of an explosive device or explosive substance destroying, or causing to be burned or destroyed, in whole or in part, a building or a structure, whether his own or another person's, and causing injury or substantial risk of injury to another person.

B. Whoever commits arson in the second degree is guilty of a second degree felony."

Section 2. A new section of the Criminal Code is enacted to read:

"[NEW MATERIAL] ARSON IN THE THIRD DEGREE.--

A. Arson in the third degree consists of:

(1) a person willfully and maliciously setting fire to or burning or by the use of an explosive device or explosive substance destroying, or causing to be burned or destroyed, in whole or in part, an unoccupied building or structure; or

(2) a person willfully and maliciously starting a fire or causing an explosion and directly damaging or destroying personal property with a value of one thousand dollars ($1,000) or more.

B. Whoever commits arson in the third degree is guilty of a third degree felony."

Section 3. A new section of the Criminal Code is enacted to read:

"[NEW MATERIAL] ARSON IN THE FOURTH DEGREE.--

A. Arson in the fourth degree consists of:

(1) a person recklessly starting a fire or causing an explosion and directly causing the death of another person or bodily injury to another person;

(2) a person recklessly starting a fire or causing an explosion and directly damaging or destroying real property of another person; or

(3) a person willfully and maliciously starting a fire or causing an explosion and directly damaging or destroying personal property with a value of less than one thousand dollars ($1,000).

B. Whoever commits arson in the fourth degree, as provided in Paragraph (1) or (2) of Subsection A of this section, is guilty of a fourth degree felony.

C. Whoever commits arson in the fourth degree, as provided in Paragraph (3) of Subsection A of this section, is guilty of a misdemeanor."

Section 4. A new section of the Criminal Code is enacted to read:

"[NEW MATERIAL] RECOVERY OF FIREFIGHTING COSTS.--A person who is convicted for committing arson in the second degree, arson in the third degree or arson in the fourth degree shall pay, in addition to restitution he is ordered to pay to victims of his offense, all reasonable costs associated with extinguishing the fire he caused or controlling damage from the explosion he caused."

Section 5. A new section of the Criminal Code is enacted to read:

"[NEW MATERIAL] IMPERSONATING A FIREFIGHTER, FIRE INVESTIGATOR OR EMERGENCY MEDICAL TECHNICIAN.--

A. Impersonating a firefighter, fire investigator or emergency medical technician consists of a person pretending to be a firefighter, fire investigator or emergency medical technician at the scene of a fire, explosion or medical emergency.

B. Whoever commits impersonating a firefighter, fire investigator or emergency medical technician is guilty of a misdemeanor."

Section 6. REPEAL.--Sections 30-17-5 and 30-17-6 NMSA 1978 (being Laws 1970, Chapter 39, Section 1 and Laws 1963, Chapter 303, Section 17-6) are repealed.

Section 7. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 1999.