Assault consists of either: A. an attempt to commit a battery upon the person of another; B. any unlawful act, threat or menacing conduct which causes another person to reasonably believe that he is in danger of receiving an immediate battery; or C. the use of insulting language toward another impugning his honor, delicacy or […]
Sections 30-3-10 through 30-3-18 NMSA 1978 may be cited as the “Crimes Against Household Members Act”. History: Laws 1995, ch. 221, § 1; 2009, ch. 255, § 1. ANNOTATIONS The 2009 amendment, effective June 19, 2009, changed the reference of the act to Sections 30-3-10 through 30-3-18 NMSA 1978,
As used in the Crimes Against Household Members Act: A. “household member” means a spouse, former spouse, parent, present or former stepparent, present or former parent in-law, grandparent, grandparent-in-law, a co-parent of a child or a person with whom a person has had a continuing personal relationship. Cohabitation is not necessary to be deemed a […]
A. Assault against a household member consists of: (1) an attempt to commit a battery against a household member; or (2) any unlawful act, threat or menacing conduct that causes a household member to reasonably believe that he is in danger of receiving an immediate battery. B. Whoever commits assault against a household member is […]
A. Aggravated assault against a household member consists of: (1) unlawfully assaulting or striking at a household member with a deadly weapon; or (2) willfully and intentionally assaulting a household member with intent to commit any felony. B. Whoever commits aggravated assault against a household member is guilty of a fourth degree felony. History: Laws […]
A. Assault against a household member with intent to commit a violent felony consists of any person assaulting a household member with intent to kill or commit any murder, mayhem, criminal sexual penetration in the first, second or third degree, robbery, kidnapping, false imprisonment or burglary. B. Whoever commits assault against a household member with […]
A. Battery against a household member consists of the unlawful, intentional touching or application of force to the person of a household member, when done in a rude, insolent or angry manner. B. Whoever commits battery against a household member is guilty of a misdemeanor. C. Upon conviction pursuant to this section, an offender shall […]
A. Aggravated battery against a household member consists of the unlawful touching or application of force to the person of a household member with intent to injure that person or another. B. Whoever commits aggravated battery against a household member is guilty of a misdemeanor if the aggravated battery against a household member is committed […]
A. Whoever commits three offenses of battery against a household member as provided in Section 30-3-15 NMSA 1978 or aggravated battery against a household member as provided in Subsection B of Section 30-3-16 NMSA 1978, or any combination thereof, when the household member is a spouse, a former spouse, a co-parent of a child or […]
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 […]
Aggravated assault consists of either: A. unlawfully assaulting or striking at another with a deadly weapon; B. committing assault by threatening or menacing another while wearing a mask, hood, robe or other covering upon the face, head or body, or while disguised in any manner, so as to conceal identity; or C. wilfully [willfully] and […]
Assault with intent to commit a violent felony consists of any person assaulting another with intent to kill or commit any murder, mayhem, criminal sexual penetration in the first, second or third degree, robbery or burglary. Whoever commits assault with intent to commit a violent felony is guilty of a third degree felony. History: 1953 […]
Battery is the unlawful, intentional touching or application of force to the person of another, when done in a rude, insolent or angry manner. Whoever commits battery is guilty of a petty misdemeanor. History: 1953 Comp., § 40A-3-4, enacted by Laws 1963, ch. 303, § 3-4. ANNOTATIONS Cross references. — For assault and battery upon […]
A. Aggravated battery consists of the unlawful touching or application of force to the person of another with intent to injure that person or another. B. Whoever commits aggravated battery, inflicting an injury to the person which is not likely to cause death or great bodily harm, but does cause painful temporary disfigurement or temporary […]
A. As used in this section: (1) “licensed premises” means all public and private rooms, facilities and areas in which alcoholic beverages are sold or served in the customary operating procedures of establishments licensed to sell or serve alcoholic liquors; (2) “proprietor” means the owner of the licensed premises or his manager or his designated […]
A. Injury to [a] pregnant woman consists of a person other than the woman injuring a pregnant woman in the commission of a felony causing her to suffer a miscarriage or stillbirth as a result of that injury. B. As used in this section: (1) “miscarriage” means the interruption of the normal development of the […]
A. Shooting at a dwelling or occupied building consists of willfully discharging a firearm at a dwelling or occupied building. Whoever commits shooting at a dwelling or occupied building that does not result in great bodily harm to another person is guilty of a fourth degree felony. Whoever commits shooting at a dwelling or occupied […]
A. A motor vehicle shall be subject to seizure and forfeiture when the vehicle is used or intended for use in the commission of the offense of shooting at or from a motor vehicle pursuant to Subsection B of Section 30-3-8 NMSA 1978. B. The provisions of the Forfeiture Act [Chapter 31, Article 27 NMSA […]
Upon a conviction for the offense of shooting at or from a motor vehicle pursuant to Subsection B of Section 30-3-8 NMSA 1978, or of a conviction for a conspiracy or attempt to commit that offense, the district court shall send a record of the conviction to the motor vehicle division of the taxation and […]
A. As used in this section: (1) “in the lawful discharge of his duties” means engaged in the performance of the duties of a school employee; and (2) “school employee” includes a member of a local public school board and public school administrators, teachers and other employees of that board. B. Assault upon a school […]
