SENATE BILL 262

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Joseph Cervantes

AN ACT

RELATING TO CRIMINAL LAW; PROVIDING FOR THE CRIMES OF STRANGULATION AND SUFFOCATION; MAKING STRANGULATION AND SUFFOCATION THIRD DEGREE FELONIES.

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

     SECTION 1. A new section of the Criminal Code, Section 30-3-3.1 NMSA 1978, is enacted to read:

     "30-3-3.1. [NEW MATERIAL] STRANGULATION--SUFFOCATION.--

          A. Strangulation consists of knowingly or intentionally touching or applying force to another person's neck or throat, the result of which impedes the person's normal breathing or blood circulation.

          B. Suffocation consists of knowingly or intentionally touching or applying force that blocks the nose or mouth of another person, the result of which impedes the person's normal breathing or blood circulation.

          C. Whoever commits strangulation or suffocation is guilty of a third degree felony."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2013.

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