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

RELATING TO CRIMINAL SENTENCING; INCREASING PENALTIES FOR THE OFFENSE OF CRIMINAL DAMAGE TO PROPERTY; AMENDING A SECTION OF THE NMSA 1978.

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

Section 1. Section 30-15-1 NMSA 1978 (being Laws 1963, Chapter 303, Section 15-1) is amended to read:

"30-15-1. CRIMINAL DAMAGE TO PROPERTY.--

A. Criminal damage to property consists of intentionally damaging [any] the real or personal property of another without the consent of the owner of the property.

B. Whoever commits criminal damage to property [is guilty of a petty misdemeanor, except that when the damage to the property amounts to more than one thousand dollars ($1,000), he is guilty of a fourth degree felony] when the damage to the property is one hundred dollars ($100) or less is guilty of a petty misdemeanor.

C. Whoever commits criminal damage to property when the damage to the property is greater than one hundred dollars ($100) but not more than one thousand dollars ($1,000) is guilty of a misdemeanor. Upon conviction, the offender shall be sentenced to a jail term of not less than thirty days, which shall not be suspended, deferred or taken under advisement.

D. Whoever commits criminal damage to property when the damage to the property is greater than one thousand dollars ($1,000) is guilty of a fourth degree felony."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.