SENATE BILL 4

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Rod Adair

                           AN ACT

RELATING TO DOMESTIC ABUSE; PROHIBITING CRIMINAL DAMAGE TO THE PROPERTY OF A HOUSEHOLD MEMBER WITH THE INTENT TO INTIMIDATE, THREATEN OR HARASS; PROHIBITING DEPRIVATION OF PROPERTY; PROVIDING PENALTIES; ENACTING A NEW SECTION OF THE CRIMINAL CODE.

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

     Section 1. Section 30-3-10 NMSA 1978 (being Laws 1995, Chapter 221, Section 1) is amended to read:

     "30-3-10. SHORT TITLE.--[This act] Sections 30-3-10 through 30-3-17 NMSA 1978 may be cited as the "Crimes Against Household Members Act"."

     Section 2. A new section of the Crimes Against Household Members Act, Section 30-3-17 NMSA 1978, is enacted to read:

     "30-3-17. [NEW MATERIAL] CRIMINAL DAMAGE TO PROPERTY OF HOUSEHOLD MEMBER--DEPRIVATION OF PROPERTY OF HOUSEHOLD

MEMBER.--

          A. Criminal damage to the property of a household member consists of intentionally damaging real, personal, community or jointly owned property of a household member with the intent to intimidate, threaten or harass that household member.

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

          C. Deprivation of the property of a household member consists of intentionally depriving a household member of the use of personal, community or jointly owned property of the household member with the intent to intimidate, threaten or harass that household member.

          D. Whoever commits deprivation of the property of a household member is guilty of a misdemeanor."

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