SENATE BILL 329

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

INTRODUCED BY

Nicholas A. Paul

 

 

 

 

 

AN ACT

RELATING TO CRIME; CREATING THE CRIME OF SOLICITATION OR RECRUITMENT OF A CHILD INTO A CRIMINAL STREET GANG; PROVIDING PENALTIES.

 

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

     SECTION 1. A new section of Chapter 30, Article 6 NMSA

1978 is enacted to read:

     "[NEW MATERIAL] CRIMINAL STREET GANG--SOLICITATION OR

RECRUITMENT OF A CHILD.--

          A. Solicitation or recruitment of a child into a

criminal street gang consists of any person who:

                (1) solicits or recruits a child to actively

participate in a criminal street gang with the intent that the

child who was solicited or recruited promote, further, assist

or participate in the commission of one or more of the criminal offenses described in the Criminal Code; or

                (2) threatens any person with physical violence with the intent to coerce or induce a child to actively participate in a criminal street gang.

          B. Any person who solicits or recruits a child into a criminal street gang:

                (1) if the child is from thirteen to eighteen years of age, is guilty of a fourth degree felony; and

                (2) if the child is under thirteen years of

age, is guilty of a third degree felony.

          C. As used in this section:

                (1) "child" means a person who is under

eighteen years of age; and

                (2) "criminal street gang" means an ongoing

group, club, organization or association of three or more

persons that has as one of its primary purposes the commission

of one or more of the criminal offenses described in the

Criminal Code."

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