46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO CRIMINAL LAW; INCREASING PENALTIES FOR CRIMES AGAINST HOUSEHOLD MEMBERS; REQUIRING PROFESSIONAL COUNSELING UPON CONVICTION FOR A CRIME AGAINST A HOUSEHOLD MEMBER.

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

Section 1. Section 30-3-12 NMSA 1978 (being Laws 1995, Chapter 221, Section 3) is amended to read:

"30-3-12. ASSAULT AGAINST A HOUSEHOLD MEMBER.--

A. Assault against a household member consists of:

(1) an attempt to commit a battery against a household member; or

(2) any unlawful act, threat or menacing conduct that causes a household member to reasonably believe that he is in danger of receiving an immediate battery.

B. Whoever commits assault against a household member is guilty of a petty misdemeanor. Upon a second or subsequent conviction, the offender is guilty of a misdemeanor.

C. In addition to any punishment provided pursuant to the provisions of this section, the court shall order a person convicted of assault against a household member to participate in and complete a program of professional counseling at his own expense."

Section 2. Section 30-3-13 NMSA 1978 (being Laws 1995, Chapter 221, Section 4) is amended to read:

"30-3-13. AGGRAVATED ASSAULT AGAINST A HOUSEHOLD MEMBER.--

A. Aggravated assault against a household member consists of:

(1) unlawfully assaulting or striking at a household member with a deadly weapon; or

(2) willfully and intentionally assaulting a household member with intent to commit any felony.

B. Whoever commits aggravated assault against a household member is guilty of a fourth degree felony. Upon a second or subsequent conviction, the offender is guilty of a third degree felony.

C. In addition to any punishment provided pursuant to the provisions of this section, the court shall order a person convicted of aggravated assault against a household member to participate in and complete a program of professional counseling at his own expense."

Section 3. Section 30-3-14 NMSA 1978 (being Laws 1995, Chapter 221, Section 5) is amended to read:

"30-3-14. ASSAULT AGAINST A HOUSEHOLD MEMBER WITH INTENT TO COMMIT A VIOLENT FELONY.--

A. Assault against a household member with intent to commit a violent felony consists of any person assaulting a household member with intent to kill or commit any murder, mayhem, criminal sexual penetration in the first, second or third degree, robbery, kidnapping, false imprisonment or burglary.

B. Whoever commits assault against a household member with intent to commit a violent felony is guilty of a third degree felony. Upon a second or subsequent conviction, the offender is guilty of a second degree felony.

C. In addition to any punishment provided pursuant to the provisions of this section, the court shall order a person convicted of assault against a household member with intent to commit a violent felony to participate in and complete a program of professional counseling at his own expense."

Section 4. Section 30-3-15 NMSA 1978 (being Laws 1995, Chapter 221, Section 6, as amended) is amended to read:

"30-3-15. BATTERY AGAINST A HOUSEHOLD MEMBER.--

A. Battery against a household member consists of the unlawful, intentional touching or application of force to the person of a household member, when done in a rude, insolent or angry manner.

B. Whoever commits battery against a household member is guilty of a misdemeanor. Upon a second or subsequent conviction, the offender is guilty of a fourth degree felony.

C. In addition to any punishment provided pursuant to the provisions of this section, the court shall order a person convicted of battery against a household member to participate in and complete a program of professional counseling at his own expense."

Section 5. Section 30-3-16 NMSA 1978 (being Laws 1995, Chapter 221, Section 7) is amended to read:

"30-3-16. AGGRAVATED BATTERY AGAINST A HOUSEHOLD MEMBER.--

A. Aggravated battery against a household member consists of the unlawful touching or application of force to the person of a household member with intent to injure that person or another.

B. Whoever commits aggravated battery against a household member by inflicting an injury [to that person] that is not likely to cause death or great bodily harm, but that 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 misdemeanor. Upon a second or subsequent conviction, the offender is guilty of a fourth degree felony.

C. Whoever commits aggravated battery against a household member by inflicting great bodily harm or doing so with a deadly weapon or doing so in any manner whereby great bodily harm or death can be inflicted is guilty of a third degree felony. Upon a second or subsequent conviction, the offender is guilty of a second degree felony.

D. In addition to any punishment provided pursuant to the provisions of this section, the court shall order a person convicted of aggravated battery against a household member to participate in and complete a program of professional counseling at his own expense."

Section 6. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.