SENATE BILL 28

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Steven P. Neville

AN ACT

RELATING TO CRIMINAL LAW; INCREASING PENALTIES FOR LARCENY OF CABLE OR HARDWARE THAT DIRECTLY RESULTS IN A TELECOMMUNICATION OR UTILITY OUTAGE.

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

     SECTION 1. Section 30-16-1 NMSA 1978 (being Laws 1963, Chapter 303, Section 16-1, as amended) is amended to read:

     "30-16-1. LARCENY.--

          A. Larceny consists of the stealing of anything of value that belongs to another.

          B. Whoever commits larceny when the value of the property stolen is two hundred fifty dollars ($250) or less is guilty of a petty misdemeanor.

          C. Whoever commits larceny when the value of the property stolen is over two hundred fifty dollars ($250) but not more than five hundred dollars ($500) is guilty of a misdemeanor.

          D. Whoever commits larceny when the value of the property stolen is over five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500) is guilty of a fourth degree felony.

          E. Whoever commits larceny when the value of the property stolen is over two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000) is guilty of a third degree felony.

          F. Whoever commits larceny when the value of the property stolen is over twenty thousand dollars ($20,000) is guilty of a second degree felony.

          G. Whoever commits larceny when the property of value stolen is livestock is guilty of a third degree felony regardless of its value.

          H. Whoever commits larceny when the property of value stolen is a firearm is guilty of a fourth degree felony when its value is less than two thousand five hundred dollars ($2,500).

          I. Whoever commits larceny of telecommunication or utility cable or hardware that directly results in an outage is guilty of a third degree felony; provided that if the costs reasonably required to restore the telecommunication or utility service are over twenty thousand dollars ($20,000), the person is guilty of a second degree felony.

          J. As used in this section, "outage" means the temporary suspension of telecommunication or utility service."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2013.

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