HOUSE BILL 239

51st legislature - STATE OF NEW MEXICO - second session, 2014

INTRODUCED BY

Roberto "Bobby" J. Gonzales

AN ACT

RELATING TO CRIMINAL LAW; ENACTING A NEW SECTION OF THE CRIMINAL CODE TO MAKE IT A CRIME TO DISRUPT COMMUNICATIONS AND UTILITIES SERVICES BY THEFT OR INTENTIONAL DAMAGE OR TO CREATE A SAFETY HAZARD THROUGH THEFT OR INTENTIONAL DAMAGE TO CUSTOMER- OR UTILITY-OWNED EQUIPMENT; PROVIDING PENALTIES.

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

     SECTION 1. A new section of the Criminal Code is enacted to read:

     "[NEW MATERIAL] CREATION OF A SAFETY HAZARD OR DISRUPTION OF COMMUNICATIONS AND UTILITIES SERVICES BY THEFT OR INTENTIONAL DAMAGE.--

          A. Any person who by the theft of, or by intentionally damaging, communications or public utility equipment, whether customer- or utility-owned, creates a public safety hazard or causes a disruption of communications services or public utility services to ten or more households, customers or subscribers or causes monetary damage equal to or greater than one thousand dollars ($1,000) in value of equipment, the replacement cost of the equipment or the loss of business experienced by the affected customers of the communications or utility service shall be guilty of a:

                (1) misdemeanor for a first offense, punishable pursuant to Section 31-19-1 NMSA 1978;

                (2) fourth degree felony for a second offense, punishable pursuant to Section 31-18-15 NMSA 1978; or

                (3) third degree felony for a third and subsequent offenses, punishable pursuant to Section 31-18-15 NMSA 1978.

          B. As used in this section, "equipment" means utility system materials, including communications towers and associated material, telephone lines, railroad and other industrial safety communication devices or systems, electric towers, electric transformers, metering equipment, electric grounding wires and electric and natural gas transmission and distribution lines."

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