45th legislature - STATE OF NEW MEXICO - second session, 2002
RELATING TO CRIMINAL LAW; AMENDING THE ANTITERRORISM ACT; AMENDING CERTAIN SECTIONS OF THE CRIMINAL CODE THAT RELATE TO THEFT OF IDENTITY AND UNLAWFUL COMMUNICATIONS; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 30-16-24.1 NMSA 1978 (being Laws 2001, Chapter 138, Section 1) is amended to read:
"30-16-24.1. THEFT OF IDENTITY.--
A. Theft of identity consists of willfully obtaining, recording or transferring personal identifying information of another person without the authorization or consent of that person and with the intent to defraud that person or another.
B. As used in this section, "personal identifying information" means information that alone or in conjunction with other information identifies a person, including the person's name, address, telephone number, driver's license number, social security number, place of employment, maiden name of the person's mother, demand deposit account number, checking or savings account number, credit card or debit card number, personal identification number, passwords or any other numbers or information that can be used to access a person's financial resources.
C. Except as provided in Subsection D of this section, whoever commits theft of identity is guilty of a misdemeanor.
D. Whoever commits theft of identity with the intent to commit or assist in the commission of an act of terrorism or with the intent to use or facilitate the use of a weapon of mass destruction as those terms are defined in Section 30-20A-2 NMSA 1978 is guilty of a second degree felony.
[D.] E. Prosecution pursuant to this section shall
not prevent prosecution pursuant to any other provision of the
law when the conduct also constitutes a violation of that
other provision.
[E.] F. In a prosecution brought pursuant to this
section, the theft of identity shall be considered to have
been committed in the county where the person whose
identifying information was appropriated resided at the time
of the offense, or in which any part of the offense took
place, regardless of whether the defendant was ever actually
present in the county.
[F.] G. A person found guilty of theft of identity
shall, in addition to any other punishment, be ordered to make
restitution for any financial loss sustained by a person
injured as the direct result of the theft of identity. In
addition to out-of-pocket costs, restitution may include
payment for costs, including attorney fees, incurred by that
person in clearing his credit history or credit rating or
costs incurred in connection with a civil or administrative
proceeding to satisfy a debt, lien, judgment or other
obligation of that person arising as a result of the theft of
identity.
[G.] H. The sentencing court shall issue written
findings of fact and may issue orders as are necessary to
correct a public record that contains false information as a
result of the theft of identity."
Section 2. Section 30-20-12 NMSA 1978 (being Laws 1967, Chapter 120, Section 2) is amended to read:
"30-20-12. USE OF [TELEPHONE] ELECTRONIC OR WRITTEN
COMMUNICATION TO TERRIFY, INTIMIDATE, THREATEN OR HARASS
[ANNOY OR OFFEND]--PENALTY.--
A. It [shall be] is unlawful for any person, with
intent to terrify, intimidate, threaten or harass [annoy or
offend], to [telephone], by electronic or written
communication, communicate with another and use any obscene,
lewd or profane language or suggest any lewd, criminal or
lascivious act or threaten to inflict injury or physical harm
to the person or property of any person. It [shall] is also
[be] unlawful for any person to attempt by [telephone]
electronic or written communication to extort money or other
thing of value from any other person, or to otherwise disturb
by repeated anonymous [telephone calls] electronic or written
communications the peace, quiet or right of privacy of any
other person at the place where the [telephone call or calls]
communications were received, or to maliciously [make a
telephone call, whether or not conversation ensues]
communicate, by electronic or written communication, whether
or not the communication causes a response, with intent to
[annoy or] disturb another, or to disrupt the
[telecommunications] electronic or written communications of
another.
B. The use of obscene, lewd or profane language or
the making of a threat or statement as set forth in Subsection
A of this section shall be prima facie evidence of intent to
terrify, intimidate, threaten or harass [annoy or offend].
C. As used in this section:
(1) "electronic communication" means a communication made through an electronic device or medium. "Electronic communication" includes communication through a telephone, computer, fax machine, pager or similar device; and
(2) "written communication" means a communication made by delivery of a written document. "Written communication" includes communication by public or private mail, courier or similar delivery service.
[C.] D. Any offense committed [by use of a
telephone as set forth] in violation of this section shall be
deemed to have been committed at either the place where the
[telephone call or calls] communication originated or at the
place where the [telephone call or calls were] communication
was received.
[D. Whosoever] E. Except as provided in
Subsection F of this section, whoever violates this section is
guilty of a misdemeanor, unless such person has previously
been convicted of such offense or of an offense under the laws
of another state or of the United States [which] that would
have been an offense under this section if committed in this
state, in which case such person is guilty of a fourth degree
felony.
F. Whoever, in a violation of this section, threatens to inflict injury or physical harm to the person or property of another by an act of terrorism, the use of a destructive device or a weapon of mass destruction, as those terms are defined in Section 30-20A-2 NMSA 1978, is guilty of a third degree felony unless such person has previously been convicted of such an offense under the laws of another state or of the United States that would have been an offense under this subsection if committed in this state, in which case such person is guilty of a second degree felony.
G. Prosecution pursuant to this section shall not prevent prosecution pursuant to any other provision of law when the conduct also constitutes a violation of that other provision."
Section 3. Section 30-20A-1 NMSA 1978 (being Laws 1990, Chapter 66, Section 1) is amended to read:
"30-20A-1. SHORT TITLE.--[This act] Chapter 30, Article
20A NMSA 1978 may be cited as the "Antiterrorism Act"."
Section 4. Section 30-20A-2 NMSA 1978 (being Laws 1990, Chapter 66, Section 2) is amended to read:
"30-20A-2. DEFINITIONS.--As used in the Antiterrorism Act:
A. "act of terrorism" means any act of violence that is or may reasonably be expected to be dangerous to human life or to cause property damage in excess of twenty thousand dollars ($20,000) and that is intended to intimidate or coerce a civilian population or influence the policy or conduct of any unit of government;
[A.] B. "civil disorder" means any planned act of
violence by an assemblage of two or more persons with the
intent to cause damage or injury to another individual or his
property;
[B.] C. "destructive device" means:
(1) any explosive, incendiary or poison gas:
(a) bomb;
(b) grenade;
(c) rocket having a propellant charge of more than four ounces;
(d) missile having an explosive or
incendiary charge of more than [one-quarter] one-fourth ounce;
(e) mine; or
(f) similar device;
(2) any type of weapon that can expel or may be readily converted to expel a projectile by the action of an explosive or other propellant, the barrel or barrels of which have a bore of more than six-tenths inch in diameter, except a shotgun, shotgun shell or muzzle loading firearm that is generally recognized as particularly suitable for sporting purposes; or
(3) any part or combination of parts either designed or intended for use in converting or assembling any device described in Paragraphs (1) and (2) of this subsection.
The term "destructive device" [shall] does not include
any device that is neither designed nor redesigned for use as
a weapon unless the device is readily convertible for use as a
weapon;
[C.] D. "firearm" means any weapon that can expel
or is designed to or may readily be converted to expel a
projectile by the action of an explosion, the frame or
receiver of any such weapon, any firearm muffler or firearm
silencer. "Firearm" includes any handgun, rifle or shotgun;
[and
D.] E. "law enforcement officer" means any
employee of a police or public safety department administered
by the state or any political subdivision of the state where
the employee is responsible for the prevention and detection
of crime and the enforcement of the penal, traffic or highway
laws of this state. "Law enforcement officer" includes any
member of the New Mexico national guard; any peace officer of
the United States, any state, any political subdivision of a
state or the district of Columbia; any member of the New
Mexico mounted patrol or the national guard, as defined in 10
U.S.C. Sec. 101(9); any member of the organized militia of any
state or territory of the United States, the commonwealth of
Puerto Rico or the district of Columbia not included within
the definition of national guard; and any member of the armed
forces of the United States. "Law enforcement officer" also
means any person or entity acting as a contractor for any
other law enforcement officer, police or public safety
department described in this section; and
F. "weapon of mass destruction" means any device capable of releasing a radioactive, biological, toxic or chemical agent in any form or by any means that will or that may reasonably be expected to produce death, bodily harm or illness in a civilian population."
Section 5. Section 30-20A-3 NMSA 1978 (being Laws 1990, Chapter 66, Section 3) is amended to read:
"30-20A-3. UNLAWFUL ACTS--PENALTY.--
A. Any person who teaches or demonstrates the use,
application or making of [any] a knife, box cutter or similar
device or a firearm, destructive device, weapon of mass
destruction or technique capable of causing injury or death to
any person with the intent that the knowledge or skill taught,
demonstrated or gained be [unlawfully] used in furtherance of
a civil disorder, act of terrorism or the use or threatened
use of a weapon of mass destruction is guilty of a [fourth]
third degree felony [and shall be sentenced under the
provisions of the Criminal Sentencing Act to imprisonment for
a definite term of eighteen months or, in the discretion of
the sentencing court, to a fine of not more than five thousand
dollars ($5,000) or both].
B. Any person who trains, practices or receives
instruction in the use of [any] a knife, box cutter or similar
device or a firearm, destructive device, weapon of mass
destruction or technique capable of causing injury or death to
any person with the intent that the knowledge or skill taught,
demonstrated or gained be [unlawfully] used in furtherance of
a civil disorder, act of terrorism or the use or threatened
use of a weapon of mass destruction is guilty of a [fourth]
third degree felony [and shall be sentenced under the
provisions of the Criminal Sentencing Act to imprisonment for
a definite term of eighteen months or, in the discretion of
the sentencing court, to a fine of not more than five thousand
dollars ($5,000) or both].
C. Whoever commits an act of terrorism or uses a weapon of mass destruction is guilty of a first degree felony.
D. Prosecution pursuant to this section shall not prevent prosecution pursuant to any other provision of law when the conduct also constitutes a violation of that other provision."
Section 6. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.