45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO CRIMINAL LAW; REVISING THE ELEMENTS OF STATUTES REGARDING ARSON; PRESCRIBING PENALTIES; PROVIDING FOR RECOVERY OF FIREFIGHTING COSTS; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978.

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

Section 1. Section 30-17-5 NMSA 1978 (being Laws 1970, Chapter 39, Section 1) is amended to read:

"30-17-5. ARSON AND NEGLIGENT ARSON.--

A. Arson consists of maliciously or willfully [starting a fire or causing an explosion with the purpose of destroying or damaging any building, occupied structure or property of another, or bridge, utility line, fence or sign] 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, any real or personal property or with the purpose of destroying or damaging any property, whether the person's own or another's, to collect insurance for such loss.

(1) Whoever commits arson when the value of the thing destroyed or damaged or intended to be destroyed or damaged is one hundred dollars ($100) or less is guilty of a petty misdemeanor.

(2) Whoever commits arson when the value of the thing destroyed or damaged or intended to be destroyed or damaged is over one hundred dollars ($100) but not more than [one thousand dollars ($1,000) is guilty of a fourth degree felony] two hundred fifty dollars ($250) is guilty of a misdemeanor.

(3) Whoever commits arson when the value of the thing destroyed or damaged [exceeds one thousand dollars ($1,000) is guilty of a third degree felony] or intended to be destroyed or damaged is over two hundred fifty dollars ($250) but not more than two thousand five hundred dollars ($2,500) is guilty of a fourth degree felony.

(4) Whoever commits arson when the value of the thing destroyed or damaged or intended to be destroyed or damaged is over two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000) is guilty of a third degree felony.

(5) Whoever commits arson when the value of the thing destroyed or damaged or intended to be destroyed or damaged is over twenty thousand dollars ($20,000) is guilty of a second degree felony.

B. Negligent arson in the third degree consists of recklessly starting a fire or causing an explosion, whether on the [person's property or another's] personal or real property of the person or on the personal or real property of another and thereby directly causing the death or great bodily injury of another. [or damaging or destroying a building or occupied structure of another.

Whoever commits negligent arson is guilty of a fourth degree felony.

C. As used in this section, "occupied structure" includes a boat, trailer, car, airplane, structure or place adapted for the transportation or storage of property or for overnight accommodations of persons or for carrying on business therein, whether or not a person is actually present.] Whoever commits negligent arson in the third degree is guilty of a third degree felony.

C. Negligent arson in the fourth degree consists of recklessly starting a fire or causing an explosion, whether on the personal or real property of the person or the personal or real property of another, when the real or personal property is destroyed or damaged and that property has a value of two thousand five hundred dollars ($2,500) or more. Whoever commits negligent arson in the fourth degree is guilty of a fourth degree felony.

D. Whoever commits negligent arson that destroys or damages personal or real property of another that has a value of less than two thousand five hundred dollars ($2,500) is guilty of a misdemeanor.

E. As used in this section, "negligent" or "recklessly" means acting with willful disregard for the rights or safety of others and in a manner that endangers any person or property."

Section 2. Section 30-17-6 NMSA 1978 (being Laws 1963, Chapter 303, Section 17-6) is amended to read:

"30-17-6. AGGRAVATED ARSON.--

A. Aggravated arson consists of [the wilful or malicious damaging by any explosive substance or the wilful or malicious setting fire to any bridge, aircraft, watercraft, vehicle, pipe line, utility line, communication line or structure, railway structure, private or public building, dwelling or other structure] committing willful or malicious arson and causing a person great bodily harm.

B. Whoever commits aggravated arson as provided in Subsection A of this section is guilty of a second degree felony.

C. Whoever commits aggravated arson that inflicts an injury to a person that does not cause great bodily harm, but does cause painful temporary disfigurement or temporary loss or impairment of the functions of any member or organ of the body is guilty of a third degree felony."

Section 3. A new section of Chapter 30, Article 17 NMSA 1978 is enacted to read:

"[NEW MATERIAL] RECOVERY OF FIREFIGHTING COSTS.--A person who is convicted of committing arson in the second degree, arson in the third degree, arson in the fourth degree, negligent arson in the third degree or negligent arson in the fourth degree may be required to pay, in addition to restitution that 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 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2001.