Assault and Battery

NMSA 1978 ch. 30, art. 3

in effect

NMSA 1978, § 30-3-1 Assault

30-3-1. Assault 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 reputation. Whoever commits assault is guilty of a petty misdemeanor. 1953 Comp., § 40A-3-1, enacted by Laws 1963, ch. 303, § 3-1.

NMSA 1978, § 30-3-2 Aggravated assault

30-3-2. Aggravated assault 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 intentionally assaulting another with intent to commit any felony. Whoever commits aggravated assault is guilty of a fourth degree felony. 1953 Comp., § 40A-3-2, enacted by Laws 1963, ch. 303, § 3-2.

NMSA 1978, § 30-3-3 Assault with intent to commit a violent felony

30-3-3. Assault with intent to commit a violent felony 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. 1953 Comp., § 40A-3-3, enacted by Laws 1963, ch. 303, § 3-3; 1977, ch. 193, § 2.

NMSA 1978, § 30-3-4 Battery

30-3-4. Battery 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. 1953 Comp., § 40A-3-4, enacted by Laws 1963, ch. 303, § 3-4.

NMSA 1978, § 30-3-5 Aggravated battery

30-3-5. Aggravated battery 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 loss or impairment of the functions of any member or organ of the body, is guilty of a misdemeanor. C. Whoever commits aggravated battery inflicting great bodily harm or does so with a deadly weapon or does so in any manner whereby great bodily harm or death can be inflicted is guilty of a third degree felony. 1953 Comp., § 40A-3-5, enacted by Laws 1963, ch. 303, § 3-5; 1969, ch. 137, § 1.

NMSA 1978, § 30-3-6 Reasonable detention; assault, battery, public affray or criminal damage to property

30-3-6. Reasonable detention; assault, battery, public affray or criminal damage to property 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 representative; and (3) "operator" means the owner or the manager of any establishment or premises open to the public. B. Any law enforcement officer may arrest without warrant any persons he has probable cause for believing have committed the crime of assault or battery as defined in Sections 30-3-1 through 30-3-5 NMSA 1978 or public affray or criminal damage to property. Any proprietor or operator who causes such an arrest shall not be criminally or civilly liable if he has actual knowledge, communicated truthfully and in good faith to the law enforcement officer, that the persons so arrested have committed the crime of assault or battery as defined in Sections 30-3-1 through 30-3-5 NMSA 1978 or public affray or criminal damage to property. Laws 1981, ch. 255, § 1; 1983, ch. 268, § 1.

NMSA 1978, § 30-3-7 Injury to pregnant woman

30-3-7. Injury to pregnant woman 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 fetus, other than by a live birth and which is not an induced abortion, resulting in the complete expulsion or extraction from a pregnant woman of a product of human conception; and (2) "stillbirth" means the death of a fetus prior to the complete expulsion or extraction from its mother, irrespective of the duration of pregnancy and which is not an induced abortion; and death is manifested by the fact that after the expulsion or extraction the fetus does not breathe spontaneously or show any other evidence of life such as heart beat, pulsation of the umbilical cord or definite movement of voluntary muscles. C. Whoever commits injury to [a] pregnant woman is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. Laws 1985, ch. 239, § 1.

NMSA 1978, § 30-3-8 Shooting at dwelling or occupied building; shooting at or from a motor vehicle

30-3-8. Shooting at dwelling or occupied building; shooting at or from a motor vehicle 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 building that results in injury to another person is guilty of a third degree felony. Whoever commits shooting at a dwelling or occupied building that results in great bodily harm to another person is guilty of a second degree felony. B. Shooting at or from a motor vehicle consists of willfully discharging a firearm at or from a motor vehicle with reckless disregard for the person of another. Whoever commits shooting at or from a motor vehicle that does not result in great bodily harm to another person is guilty of a fourth degree felony. Whoever commits shooting at or from a motor vehicle that results in injury to another person is guilty of a third degree felony. Whoever commits shooting at or from a motor vehicle that results in great bodily harm to another person is guilty of a second degree felony. C. This section shall not apply to a law enforcement officer discharging a firearm in the lawful performance of his duties. Laws 1987, ch. 213, § 1; 1993, ch. 78, § 1.

NMSA 1978, § 30-3-8.1 Seizure and forfeiture of motor vehicle; procedure

30-3-8.1. Seizure and forfeiture of motor vehicle; procedure 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 1978] apply to the seizure, forfeiture and disposal of a motor vehicle subject to forfeiture pursuant to Subsection A of this section. Laws 1993, ch. 78, § 2; 2002, ch. 4, § 11.

NMSA 1978, § 30-3-8.2 Court record of conviction; revocation of driver's license

30-3-8.2. Court record of conviction; revocation of driver's license 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 revenue department. The division shall immediately revoke the driver's licenses or driving privileges of all persons convicted of the offense of shooting at or from a motor vehicle, or convicted of conspiring or attempting to commit that offense, pursuant to the provisions of Subsection E of Section 66-5-29 NMSA 1978. Laws 1993, ch. 78, § 3.

NMSA 1978, § 30-3-9 Assault; battery; school personnel

30-3-9. Assault; battery; school personnel 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 employee consists of: (1) an attempt to commit a battery upon the person of a school employee while he is in the lawful discharge of his duties; or (2) any unlawful act, threat or menacing conduct which causes a school employee while he is in the lawful discharge of his duties to reasonably believe that he is in danger of receiving an immediate battery. Whoever commits assault upon a school employee is guilty of a misdemeanor. C. Aggravated assault upon a school employee consists of: (1) unlawfully assaulting or striking at a school employee with a deadly weapon while he is in the lawful discharge of his duties; (2) committing assault by threatening or menacing a school employee who is engaged in the lawful discharge of his duties by a person 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 (3) willfully and intentionally assaulting a school employee while he is in the lawful discharge of his duties with intent to commit any felony. Whoever commits aggravated assault upon a school employee is guilty of a third degree felony. D. Assault with intent to commit a violent felony upon a school employee consists of any person assaulting a school employee while he is in the lawful discharge of his duties with intent to kill the school employee. Whoever commits assault with intent to commit a violent felony upon a school employee is guilty of a second degree felony. E. Battery upon a school employee is the unlawful, intentional touching or application of force to the person of a school employee while he is in the lawful discharge of his duties, when done in a rude, insolent or angry manner. Whoever commits battery upon a school employee is guilty of a fourth degree felony. F. Aggravated battery upon a school employee consists of the unlawful touching or application of force to the person of a school employee with intent to injure that school employee while he is in the lawful discharge of his duties. Whoever commits aggravated battery upon a school employee, inflicting an injury to the school employee which is not likely to cause death or great bodily harm but does cause painful temporary disfigurement or temporary loss or impairment of the functions of any member or organ of the body, is guilty of a fourth degree felony. Whoever commits aggravated battery upon a school employee, inflicting great bodily harm, or does so with a deadly weapon or in any manner whereby great bodily harm or death can be inflicted, is guilty of a third degree felony. G. Every person who assists or is assisted by one or more other persons to commit a battery upon any school employee while he is in the lawful discharge of his duties is guilty of a fourth degree felony. Laws 1989, ch. 344, § 1.

NMSA 1978, § 30-3-9.1 Assault; battery; sports officials

30-3-9.1. Assault; battery; sports officials A. As used in this section: (1) "in the lawful discharge of his duties" means engaged in the performance of the duties of a sports official; (2) "sports official" means a person who: (a) serves as a referee, umpire linesman, timer or scorer, or who serves in a similar capacity, while working, supervising or administering a sports event; and (b) is registered as a member of a local, state, regional or national organization that is engaged in providing education and training to sports officials. B. Assault upon a sports official consists of: (1) an attempt to commit a battery upon the person of a sports official while he is in the lawful discharge of his duties; or (2) any unlawful act, threat or menacing conduct that causes a sports official while he is in the lawful discharge of his duties to reasonably believe that he is in danger of receiving an immediate battery. C. Whoever commits assault upon a sports official is guilty of a misdemeanor. D. Aggravated assault upon a sports official consists of unlawfully assaulting or striking at a sports official with a deadly weapon while he is in the lawful discharge of his duties. E. Whoever commits aggravated assault upon a sports official is guilty of a third degree felony. F. Battery upon a sports official is the unlawful, intentional touching or application of force to the person of a sports official while he is in the lawful discharge of his duties, when done in a rude, insolent or angry manner. G. Whoever commits battery upon a sports official is guilty of a misdemeanor. H. Aggravated battery upon a sports official consists of the unlawful touching or application of force to the person of a sports official with intent to injure that sports official while he is in the lawful discharge of his duties. I. Whoever commits aggravated battery upon a sports official, inflicting an injury to the sports official that is not likely to cause death or great bodily harm, but does cause painful temporary disfigurement or temporary loss or impairment of the functions of any member or organ of the body, is guilty of a fourth degree felony. J. Whoever commits aggravated battery upon a sports official, inflicting great bodily harm, or does so with a deadly weapon or in any manner whereby great bodily harm or death can be inflicted, is guilty of a third degree felony. Laws 2001, ch. 92, § 1.

NMSA 1978, § 30-3-9.2 Assault; battery; health care personnel

30-3-9.2. Assault; battery; health care personnel A. As used in this section: (1) "health facility" means a public or private hospital, outpatient facility, diagnostic and treatment center, rehabilitation center or infirmary. "Health facility" also includes those facilities that, by federal regulation, must be licensed by the state to obtain or maintain full or partial, permanent or temporary federal funding, but "health facility" does not include a skilled nursing facility, a nursing facility or other long-term residential care facility; (2) "health care worker" means an employee of a health facility or a licensed emergency medical technician; and (3) "in the lawful discharge of the health care worker's duties" means engaged in the performance of the duties of a health care worker. B. Assault upon a health care worker consists of: (1) an attempt to commit a battery upon the person of a health care worker who is in the lawful discharge of the health care worker's duties; or (2) any unlawful act, threat or menacing conduct that causes a health care worker who is in the lawful discharge of the health care worker's duties to reasonably believe that the health care worker is in danger of receiving an immediate battery. Whoever commits assault upon a health care worker is guilty of a misdemeanor. C. Aggravated assault upon a health care worker consists of: (1) unlawfully assaulting or striking at a health care worker with a weapon while the health care worker is in the lawful discharge of the health care worker's duties; or (2) willfully and intentionally assaulting a health care worker who is in the lawful discharge of the health care worker's duties with intent to commit any felony. Whoever commits aggravated assault upon a health care worker is guilty of a third degree felony. D. Assault with intent to commit a violent felony upon a health care worker consists of assaulting a health care worker who is in the lawful discharge of the health care worker's duties with intent to kill the health care worker. Whoever commits assault with intent to commit a violent felony upon a health care worker is guilty of a second degree felony. E. Battery upon a health care worker is the unlawful, intentional touching or application of force to the person of a health care worker who is in the lawful discharge of the health care worker's duties, when done in a rude, insolent or angry manner. Whoever commits battery upon a health care worker is guilty of a fourth degree felony. F. Aggravated battery upon a health care worker consists of the unlawful touching or application of force to the person of a health care worker with intent to injure that health care worker while the health care worker is in the lawful discharge of the health care worker's duties. Whoever commits aggravated battery upon a health care worker, inflicting an injury to the health care worker that is not likely to cause death or great bodily harm but does cause painful temporary disfigurement or temporary loss or impairment of the functions of any member or organ of the body, is guilty of a fourth degree felony. Whoever commits aggravated battery upon a health care worker, inflicting great bodily harm or does so with a deadly weapon or in any manner whereby great bodily harm or death can be inflicted, is guilty of a third degree felony. G. A person who assists or is assisted by one or more other persons to commit a battery upon a health care worker who is in the lawful discharge of the health care worker's duties is guilty of a fourth degree felony. Laws 2006, ch. 27, § 1.

NMSA 1978, § 30-3-10 Short title

30-3-10. Short title Sections 30-3-10 through 30-3-18 NMSA 1978 may be cited as the "Crimes Against Household Members Act". Laws 1995, ch. 221, § 1; 2009, ch. 255, § 1.

NMSA 1978, § 30-3-11 Definitions

30-3-11. Definitions 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 household member for the purposes of the Crimes Against Household Members Act; B. "continuing personal relationship" means a dating or intimate relationship; C. "strangulation" means the unlawful touching or application of force to another person's neck or throat with intent to injure that person and in a manner whereby great bodily harm or death can be inflicted, the result of which impedes the person's normal breathing or blood circulation; and D. "suffocation" means the unlawful touching or application of force that blocks the nose or mouth of another person with intent to injure that person and in a manner whereby great bodily harm or death can be inflicted, the result of which impedes the person's normal breathing or blood circulation. Laws 1995, ch. 221, § 2; 2008, ch. 16, § 1; 2010, ch. 85, § 1; 2018, ch. 30, § 1.

NMSA 1978, § 30-3-12 Assault against a household member

30-3-12. Assault against a household member 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 guilty of a petty misdemeanor. Laws 1995, ch. 221, § 3.

NMSA 1978, § 30-3-13 Aggravated assault against a household member

30-3-13. Aggravated assault against a household member 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. Laws 1995, ch. 221, § 4.

NMSA 1978, § 30-3-14 Assault against a household member with intent to commit a violent felony

30-3-14. Assault against a household member with intent to commit a violent felony 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 intent to commit a violent felony is guilty of a third degree felony. Laws 1995, ch. 221, § 5.

NMSA 1978, § 30-3-15 Battery against a household member

30-3-15. Battery against a household member 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 be required to participate in and complete a domestic violence offender treatment or intervention program approved by the children, youth and families department pursuant to rules promulgated by the department that define the criteria for such programs. D. Notwithstanding any provision of law to the contrary, if a sentence imposed pursuant to this section is suspended or deferred in whole or in part, the period of probation may extend beyond three hundred sixty-four days but may not exceed two years. If an offender violates a condition of probation, the court may impose any sentence that the court could originally have imposed and credit shall not be given for time served by the offender on probation; provided that the total period of incarceration shall not exceed three hundred sixty-four days and the combined period of incarceration and probation shall not exceed two years. Laws 1995, ch. 221, § 6; 2001, ch. 144, § 1; 2007, ch. 221, § 1; 2008, ch. 16, § 2.

NMSA 1978, § 30-3-16 Aggravated battery against a household member

30-3-16. Aggravated battery against a household member 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 by inflicting an injury to that person that is not likely to cause death or great bodily harm, but that does cause painful temporary disfigurement or temporary loss or impairment of the functions of any member or organ of the body. C. Whoever commits aggravated battery against a household member is guilty of a third degree felony if the aggravated battery against a household member is committed: (1) by inflicting great bodily harm; (2) with a deadly weapon; (3) by strangulation or suffocation; or (4) in any manner whereby great bodily harm or death can be inflicted. D. Upon conviction pursuant to Subsection B of this section, an offender shall be required to participate in and complete a domestic violence offender treatment or intervention program approved by the children, youth and families department pursuant to rules promulgated by the department that define the criteria for such programs. E. Notwithstanding any provision of law to the contrary, if a sentence imposed pursuant to the provisions of Subsection B of this section is suspended or deferred in whole or in part, the period of probation may extend beyond three hundred sixty-four days but may not exceed two years. If an offender violates a condition of probation, the court may impose any sentence that the court could originally have imposed and credit shall not be given for time served by the offender on probation; provided that the total period of incarceration shall not exceed three hundred sixty-four days and the combined period of incarceration and probation shall not exceed two years. Laws 1995, ch. 221, § 7; 2007, ch. 221, § 2; 2008, ch. 16, § 3; 2018, ch. 30, § 2.

NMSA 1978, § 30-3-17 Multiple convictions of battery or aggravated battery

30-3-17. Multiple convictions of battery or aggravated battery 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 person with whom the offender has had a continuing personal relationship is guilty of a fourth degree felony. B. Whoever commits four or more 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 person with whom the offender has had a continuing personal relationship is guilty of a third degree felony. C. For the purpose of determining the number of offenses committed, each offense must have been committed after conviction for the preceding offense. Laws 2008, ch. 16, § 4.

NMSA 1978, § 30-3-18 Criminal damage to property of household member; deprivation of property of household member

30-3-18. 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 household member's interest in 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 separate, community or jointly owned personal property of the household member with the intent to intimidate or threaten that household member. D. Whoever commits deprivation of the property of a household member is guilty of a misdemeanor. 1978 Comp., § 30-3-18, as enacted by Laws 2009, ch. 255, § 2.

NMSA 1978, § 30-3-19 Threatening a judge or an immediate family member of a judge; penalty

30-3-19. Threatening a judge or an immediate family member of a judge; penalty A. No person shall threaten a judge or the immediate family member of a judge with the intent to: (1) place the judge or the immediate family member of a judge in fear of great bodily harm to the judge or to an immediate family member of the judge; (2) prevent or interrupt the ability to carry out the judge's job duties; or (3) retaliate against a judge on account of the performance of the judge's official duties during the judge's term of service. B. A person who violates the provisions of this section is guilty of a fourth degree felony. C. As used in this section: (1) "immediate family member" means a spouse, child, sibling, parent, grandparent or grandchild, and "immediate family member" includes a stepparent, a stepchild, a stepsibling and an adoptive relationship; (2) "judge" means a current or former justice, judge, magistrate, domestic violence special commissioner or hearing officer; and (3) "retaliate" means intentionally threatening bodily injury to or damage to the property of a judge or a family member of a judge with the intent to retaliate against the judge for the judge's exercise of the judge's judicial duties and causing the judge or the family member to reasonably believe that the judge's or the family member's person or property is in danger. Laws 2022, ch. 56, § 47.

NMSA 1978, § 30-3-20 Malicious sharing of personal information of a judge or an immediate family member of a judge; penalty

30-3-20. Malicious sharing of personal information of a judge or an immediate family member of a judge; penalty A. No person shall share the personal information of a judge or an immediate family member of a judge with the intent to: (1) cause harm to the judge or an immediate family member of a judge; (2) place the judge or an immediate family member of a judge in fear of great bodily harm to the judge or to an immediate family member of the judge; or (3) prevent or interrupt the ability to carry out the judge's job duties. B. A person who violates the provisions of this section is guilty of a misdemeanor. C. As used in this section: (1) "immediate family member" means a spouse, child, sibling, parent, grandparent or grandchild, and "immediate family member" includes a stepparent, a stepchild, a stepsibling and an adoptive relationship; (2) "judge" means a current or former justice, judge, magistrate, domestic violence special commissioner or hearing officer; and (3) "personal information" means a person's personal physical address, personal phone number or physical location. Laws 2022, ch. 56, § 48.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18530/index.doFetched: 10/20/2026