45th legislature - STATE OF NEW MEXICO - second session, 2002

RELATING TO CRIMINAL LAW; CREATING THE CRIMINAL OFFENSE OF INDUCING PANIC; IMPOSING PENALTIES; REPEALING AND ENACTING SECTIONS OF THE NMSA 1978.

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] INDUCING PANIC.--

A. Inducing panic consists of causing the evacuation of a public place, or otherwise causing serious public inconvenience or alarm, by:

(1) knowingly initiating or circulating a false report or false warning of an alleged or impending fire, explosion, crime or other catastrophe;

(2) pretending to commit a violent offense; or

(3) committing a criminal offense, with reckless disregard for the likelihood that commission of the offense will cause serious public inconvenience or alarm.

B. A person who commits inducing panic is guilty of a misdemeanor.

C. A person who commits inducing panic that results in great bodily harm to another person is guilty of a fourth degree felony.

D. A person who commits inducing panic that results in economic harm that is more than five thousand dollars ($5,000) but not more than one hundred thousand dollars ($100,000) is guilty of a fourth degree felony.

E. A person who commits inducing panic that results in economic harm that is more than one hundred thousand dollars ($100,000) is guilty of a third degree felony.

F. A person who commits inducing panic on school premises that results in great bodily harm to another person on the school premises is guilty of a third degree felony.

G. A person who commits inducing panic on school premises that results in economic harm to the school premises that is more than five thousand dollars ($5,000) but not more than one hundred thousand dollars ($100,000) is guilty of a third degree felony.

H. A person who commits inducing panic on school premises that results in economic harm to the school premises that is more than one hundred thousand dollars ($100,000) is guilty of a second degree felony.

I. As used in this section:

(1) "economic harm" means all direct, incidental and consequential monetary harm suffered by a victim of the offense of inducing panic. "Economic harm" includes:

(a) wages, salaries or other compensation lost as a result of the commission of the offense of inducing panic;

(b) the cost of all wages, salaries or other compensation paid by an employer to his employees for time that those employees are prevented from working as a result of the commission of the offense of inducing panic;

(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 inducing panic; and

(d) the loss of value to tangible or intangible property that was damaged as a result of the commission of the offense of inducing panic; and

(2) "school premises" means:

(a) the buildings and grounds, including playgrounds, playing fields, parking areas and school buses of a public elementary, secondary, junior high or high school, in or on which school or school-related activities are being operated under the supervision of a local school board; or

(b) any other public buildings or grounds, including playing fields and parking areas that are not public school property, in or on which public school-related and -sanctioned activities are being performed."

Section 2. REPEAL.--Sections 30-7-21 and 30-7-22 NMSA 1978 (being Laws 1981, Chapter 246, Sections 5 and 6) are repealed.

Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2002.