45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO CRIMES; CLARIFYING THE ELEMENTS OF THE CRIMES OF ARSON, NEGLIGENT ARSON AND AGGRAVATED ARSON; CHANGING PUNISHMENT PROVISIONS TO MAKE THEM CONSISTENT WITH OTHER CRIMES; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978.

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

Section 1. Section 30-17-5 NMSA 1978 (being Laws 1970, Chapter 39, Section 1) is amended to read:

"30-17-5. ARSON [AND NEGLIGENT ARSON].--

A. Arson consists of maliciously or willfully starting a fire or causing an explosion:

(1) with the purpose of destroying or damaging [any building, occupied structure or] property of another [or bridge, utility line, fence or sign]; or

(2) with the purpose of destroying or damaging [any] property, whether the person's own or another's, to collect insurance for [such] the loss.

[(1)] B. Whoever commits arson when the value of the thing destroyed or damaged:

(1) is one hundred dollars ($100) or less is guilty of a petty misdemeanor;

(2) [Whoever commits arson when the value of the thing destroyed or damaged] is over one hundred dollars ($100) but not more than [one thousand dollars ($1,000)] two hundred fifty dollars ($250) is guilty of a [fourth degree felony] misdemeanor;

(3) [Whoever commits arson when the value of the thing destroyed or damaged exceeds one thousand dollars ($1,000)] is more than two hundred fifty dollars ($250) but not more than two thousand five hundred dollars ($2,500) is guilty of a [third] fourth degree felony;

[B. Negligent arson consists of recklessly starting a fire or causing an explosion, whether on the person's property or another's, and thereby directly causing the death or bodily injury of another; or damaging or destroying a building or occupied structure of another.

Whoever commits negligent arson is guilty of a fourth degree felony.

C. As used in this section, "occupied structure" includes a boat, trailer, car, airplane, structure or place adapted for the transportation or storage of property or for overnight accommodations of persons or for carrying on business therein, whether or not a person is actually present.]

(4) 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; and

(5) is over twenty thousand dollars ($20,000) is guilty of a second degree felony."

Section 2. Section 30-17-6 NMSA 1978 (being Laws 1963, Chapter 303, Section 17-6) is amended to read:

"30-17-6. AGGRAVATED ARSON.--

A. Aggravated arson consists of the [wilful or malicious damaging by any explosive substance or the wilful or malicious setting fire to any bridge, aircraft, watercraft, vehicle, pipe line, utility line, communication line or structure, railway structure, private or public building, dwelling or other structure, causing a person great bodily harm] commission of arson resulting in injury to a person.

B. Whoever commits aggravated arson resulting in great bodily harm is guilty of a second degree felony.

C. Whoever commits aggravated arson resulting in painful temporary disfigurement or temporary loss or impairment of the functions of any member or organ of the body is guilty of a third degree felony."

Section 3. A new section of the Criminal Code, Section 30-17-6.1 NMSA 1978, is enacted to read:

"30-17-6.1. [NEW MATERIAL] NEGLIGENT ARSON.--

A. Negligent arson consists of recklessly starting a fire or causing an explosion on another's or one's own property directly causing another person's death or great bodily injury or damage to another's property.

B. Whoever commits negligent arson directly causing another person's death or great bodily injury is guilty of a third degree felony.

C. Whoever commits negligent arson directly causing damage to another's property when the value of the property is less than two thousand five hundred dollars ($2,500) is guilty of a misdemeanor.

D. Whoever commits negligent arson directly causing damage to another's property when the value of the property is two thousand five hundred dollars ($2,500) or more is guilty of a fourth degree felony."