HOUSE BILL 393

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Antonio "Moe" Maestas

AN ACT

RELATING TO CRIMES; AMENDING THE DEFINITION OF "KIDNAPPING"; AMENDING THE PENALTIES FOR KIDNAPPING.

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

     SECTION 1. Section 30-4-1 NMSA 1978 (being Laws 1963, Chapter 303, Section 4-1, as amended) is amended to read:

     "30-4-1. KIDNAPPING.--

          A. Kidnapping is the unlawful taking, restraining, transporting or confining of a person, by force, intimidation or deception, with intent:

                (1) that the victim be held for ransom;

                (2) that the victim be held as a hostage or shield and confined against [his] the victim's will;

                (3) that the victim be held to service against the victim's will; or

                (4) to inflict death, physical injury or a sexual offense on the victim.

          [B. Whoever commits kidnapping is guilty of a first degree felony, except that he is guilty of a second degree felony when he voluntarily frees the victim in a safe place and does not inflict physical injury or a sexual offense upon the victim.]

          B. To give rise to a kidnapping conviction, the taking, restraining, transporting or confining conduct must substantially interfere with the victim's liberty and carry significance beyond facilitating the commission of another offense.

          C. Whoever commits kidnapping and:

                (1) voluntarily frees the victim in a safe place and does not inflict physical injury or a sexual offense upon the victim is guilty of a third degree felony;

                (2) voluntarily frees the victim in a safe place but inflicts physical injury or a sexual offense upon the victim is guilty of a second degree felony; and

                (3) does not voluntarily free the victim in a safe place and inflicts physical injury or a sexual offense upon the victim is guilty of a first degree felony.

          D. Conduct relied upon to increase the penalty for kidnapping for inflicting physical injury or a sex offense upon the victim shall not separately form the basis for a separate criminal conviction."

- 3 -