AN ACT
RELATING TO CRIMINAL LAW; REVISING THE
PENALTY FOR THE CRIMINAL OFFENSE KNOWN AS TAMPERING WITH EVIDENCE; AMENDING A
SECTION OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF
THE STATE OF NEW MEXICO:
Section 1. Section 30-22-5 NMSA 1978 (being Laws 1963,
Chapter 303, Section 22-5) is amended
to read:
"30-22-5. TAMPERING WITH EVIDENCE.--
A. Tampering with evidence consists of
destroying, changing, hiding, placing or fabricating any physical evidence with
intent to prevent the apprehension, prosecution or conviction of any person or
to throw suspicion of the commission of a crime upon another.
B. Whoever commits tampering with evidence shall
be punished as follows:
(1) if the highest crime for which tampering with
evidence is committed is a capital or first degree felony or a second degree felony, the person
committing tampering with evidence is guilty of a third degree felony;
(2) if the highest crime for which tampering with
evidence is committed is a third degree felony or a fourth degree felony, the
person committing tampering with evidence is guilty of a fourth degree felony;
(3) if the highest crime for which tampering with
evidence is committed is a misdemeanor or a petty misdemeanor, the person
committing tampering with evidence is guilty of a petty misdemeanor; and
(4) if the highest crime for which tampering with
evidence is committed is indeterminate, the person committing tampering with
evidence is guilty of a fourth degree felony."
Section 2. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2003.
HB 813
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