HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR

HOUSE BILL 164

46th legislature - STATE OF NEW MEXICO - second session, 2004

AN ACT

RELATING TO CRIMES; PROHIBITING CRIMINAL DAMAGE TO PROPERTY BELONGING TO A HOUSEHOLD MEMBER.

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

     Section 1. A new section of Chapter 30, Article 15 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] CRIMINAL DAMAGE TO PROPERTY OF A HOUSEHOLD MEMBER.--

          A. Criminal damage to property of a household member consists of intentionally damaging any real or personal property of a household member by another household member without the consent of all owners of the property.

          B. Whoever commits criminal damage to property of a household member is guilty of a petty misdemeanor, except that when the damage to the property amounts to more than one thousand dollars ($1,000), the crime is a fourth degree felony.

          C. As used in this section, "household member" means a spouse, former spouse or family member, including a relative, parent, present or former stepparent, present or former in-law, co-parent of a child or person with whom a person has had a continuing personal relationship. Cohabitation is not necessary to be deemed a household member for the purposes of this section."

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