44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO CRIMINAL JUSTICE; EXPANDING THE DEFINITION OF CHILD ABUSE; AMENDING SECTION 30-6-1 NMSA 1978 (BEING LAWS 1973, CHAPTER 360, SECTION 10, AS AMENDED).

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

Section 1. Section 30-6-1 NMSA 1978 (being Laws 1973, Chapter 360, Section 10, as amended) is amended to read:

"30-6-1. ABANDONMENT OR ABUSE OF A CHILD.--

A. As used in this section:

(1) "child" means a person who is less than eighteen years of age;

(2) "neglect" means that a child is without proper parental care and control of subsistence, education, medical or other care or control necessary for his well-being because of the faults or habits of his parents, guardian or custodian or their neglect or refusal, when able to do so, to provide them; and

(3) "negligently" refers to criminal negligence and means that a person knew or should have known of the danger involved and acted with a reckless disregard for the safety or health of the child.

B. Abandonment of a child consists of the parent, guardian or custodian of a child intentionally leaving or abandoning the child under circumstances whereby the child may or does suffer neglect. Whoever commits abandonment of a child is guilty of a misdemeanor, unless the abandonment results in the child's death or great bodily harm, in which case he is guilty of a second degree felony.

C. Abuse of a child consists of a person knowingly, intentionally or negligently, and without justifiable cause, causing or permitting a child to [be]:

(1) be placed in a situation that may endanger the child's life or health;

(2) be tortured, cruelly confined or cruelly punished; [or]

(3) be exposed to the inclemency of the weather; or

(4) witness any one of the following offenses:

(a) aggravated assault against a household member, as provided in Section 30-3-13 NMSA 1978;

(b) assault against a household member with intent to commit a violent felony, as provided in Section 30-3-14 NMSA 1978; or

(c) aggravated battery against a household member, as provided in Section 30-3-16 NMSA 1978.

Whoever commits abuse of a child [which] that does not result in the child's death or great bodily harm is for a first offense guilty of a third degree felony and for second and subsequent offenses is guilty of a second degree felony. If the abuse results in great bodily harm or death to the child, he is guilty of a first degree felony."