SENATE BILL 96

53rd legislature - STATE OF NEW MEXICO - second session, 2018

INTRODUCED BY

Gregory A. Baca

 

 

 

 

 

AN ACT

RELATING TO CRIMINAL LAW; INCREASING THE PENALTY FOR INTENTIONAL ABUSE OF A CHILD TWELVE TO EIGHTEEN YEARS OF AGE THAT RESULTS IN THE DEATH OF THE CHILD TO A FIRST DEGREE FELONY RESULTING IN THE DEATH OF A CHILD; INCREASING THE PENALTY FOR ENTICEMENT OF CHILD; EXTENDING THE AGE RANGE FOR ENTICEMENT OF CHILD; PROVIDING A PENALTY FOR ELECTRONIC COMMUNICATION OF IMAGES OF ANY PERSON'S INTIMATE PARTS TO A CHILD; DECLARING AN EMERGENCY.

 

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

     SECTION 1. Section 30-6-1 NMSA 1978 (being Laws 1973, Chapter 360, Section 10, as amended) is amended to read:

     "30-6-1. ABANDONMENT OR ABUSE OF A CHILD.--

          A. As used in this section:

                (1) "child" means a person who is [less] younger than eighteen years of age;

                (2) "neglect" means that a child is without proper parental care and control of subsistence, education, medical or other care or control necessary for the child's well-being because of the faults or habits of the child's parents, guardian or custodian or their neglect or refusal, when able to do so, to provide them; and

                (3) "negligently" refers to criminal negligence and means that a person knew or should have known of the danger involved and acted with a reckless disregard for the safety or health of the child.

          B. Abandonment of a child consists of the parent, guardian or custodian of a child intentionally leaving or abandoning the child under circumstances whereby the child may or does suffer neglect. A person who commits abandonment of a child is guilty of a misdemeanor, unless the abandonment results in the child's death or great bodily harm, in which case the person is guilty of a second degree felony.

          C. A parent, guardian or custodian who leaves an infant [less than] ninety days [old] of age or less in compliance with the Safe Haven for Infants Act shall not be prosecuted for abandonment of a child.

          D. Abuse of a child consists of a person knowingly, intentionally or negligently, and without justifiable cause, causing or permitting a child to be:

                (1) placed in a situation that may endanger the child's life or health;

                (2) tortured, cruelly confined or cruelly punished; or

                (3) exposed to the inclemency of the weather.

          E. A person who commits negligent abuse of a child that does not result in the child's death or great bodily harm is, for a first offense, guilty of a third degree felony and, for a second [and] or subsequent [offenses] offense, is guilty of a second degree felony. [If the]

          F. A person who commits negligent abuse of a child that results in great bodily harm to the child [the person] is guilty of a first degree felony.

          [F.] G. A person who commits negligent abuse of a child that results in the death of the child is guilty of a first degree felony.

          [G. A person who commits intentional abuse of a child twelve to eighteen years of age that results in the death of the child is guilty of a first degree felony.]

          H. A person who commits intentional abuse of a child that does not result in the child's death or great bodily harm is, for a first offense, guilty of a second degree felony and, for a second or subsequent offense, guilty of a first degree felony.

          I. A person who commits intentional abuse of a child that results in great bodily harm to the child is guilty of a first degree felony.

          [H.] J. A person who commits intentional abuse of a child [less than twelve years of age] that results in the death of the child is guilty of a first degree felony resulting in the death of a child.

          [I.] K. Evidence that demonstrates that a child has been knowingly, intentionally or negligently allowed to enter or remain in a motor vehicle, building or any other premises that contains chemicals and equipment used or intended for use in the manufacture of a controlled substance shall be deemed prima facie evidence of abuse of the child.

          [J.] L. Evidence that demonstrates that a child has been knowingly and intentionally exposed to the use of methamphetamine shall be deemed prima facie evidence of abuse of the child.

          [K.] M. A person who leaves an infant [less than] ninety days [old at a hospital] of age or less at a safe haven site may be prosecuted for abuse of the infant for actions of the person occurring before the infant was left at the [hospital] safe haven site."

     SECTION 2. Section 30-9-1 NMSA 1978 (being Laws 1963, Chapter 303, Section 9-10) is amended to read:

     "30-9-1. ENTICEMENT OF CHILD.--

          A. Enticement of child consists of:

                [A.] (1) enticing, persuading or attempting to persuade a child under the age of [sixteen] eighteen years to enter any vehicle, building, room or secluded place with intent to commit an act [which] that would constitute a crime under Chapter 30, Article 9 [of the Criminal Code] NMSA 1978; or

                [B.] (2) having possession of a child under the age of [sixteen] eighteen years in any vehicle, building, room or secluded place with intent to commit an act [which] that would constitute a crime under Chapter 30, Article 9 [of the Criminal Code] NMSA 1978.

          B. Whoever commits enticement of child is guilty of a [misdemeanor]:

                (1) fourth degree felony if the child is at least thirteen but under eighteen years of age; or

                (2) third degree felony if the child is under thirteen years of age."

     SECTION 3. Section 30-37-3.3 NMSA 1978 (being Laws 2007, Chapter 67, Section 1) is amended to read:

     "30-37-3.3. CRIMINAL SEXUAL COMMUNICATION WITH A CHILD--PENALTY.--

          A. Criminal sexual communication with a child consists of a person knowingly and intentionally communicating directly with a specific child under sixteen years of age by [sending] providing the child obscene images of [the] any person's intimate parts by means of an electronic communication device when the perpetrator is at least four years older than the child.

          B. Whoever commits sexual communication with a child is guilty of a fourth degree felony.

          C. As used in this section:

                (1) "electronic communication device" means a computer, video recorder, digital camera, fax machine, telephone, pager or any other device that can produce an electronically generated image; and

                (2) "intimate parts" means the primary genital area, groin, buttocks, anus or breast."

     SECTION 4. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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