SENATE BILL 208
54th legislature - STATE OF NEW MEXICO - second session, 2020
RELATING TO CRIME; CREATING THE CRIME OF MAKING A FALSE REPORT OF DOMESTIC VIOLENCE ABUSE; PROVIDING A PENALTY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of Chapter 30, Article 39 NMSA 1978 is enacted to read:
"[NEW MATERIAL] FALSE REPORT OF DOMESTIC VIOLENCE.--
A. Making a false report of domestic violence abuse consists of knowingly reporting a false statement of domestic violence:
(a) a law enforcement agency; or
(b) another person with the intent that the person told the statement make a report of domestic violence abuse to a law enforcement agency; and
(2) with the intent to gain monetary or property incentives, to gain an award of child custody or to procure a restraining order or with the intent of withholding information that would exonerate the individual accused of committing domestic violence.
B. Whoever commits making a false report of domestic violence abuse is guilty of a fourth degree felony.
C. As used in this section:
(1) "domestic violence abuse" means any of the following offenses:
(a) assault against a household member, as provided in Section 30-3-12 NMSA 1978;
(b) aggravated assault against a household member, as provided in Section 30-3-13 NMSA 1978;
(c) assault against a household member with intent to commit a violent felony, as provided in Section 30-3-14 NMSA 1978;
(d) battery against a household member, as provided in Section 30-3-15 NMSA 1978;
(e) aggravated battery against a household member, as provided in Section 30-3-16 NMSA 1978;
(f) multiple convictions of battery or aggravated battery, as provided in Section 30-3-17 NMSA 1978; and
(g) criminal damage to the property of a household member and deprivation of the property of a household member, as provided in Section 30-3-18 NMSA 1978; and
(2) "law enforcement agency" means a law enforcement agency and its employees of the state or a political subdivision of the state."
SECTION 2. Section 30-39-1 NMSA 1978 (being Laws 1979, Chapter 145, Section 1) is amended to read:
"30-39-1. FALSE REPORT--PENALTY.--Except as provided in Section 1 of this 2020 act, it is unlawful for [any] a person to intentionally make a report to a law enforcement agency or official, which report [he] the person knows to be false at the time of making it, alleging a violation by another person of the provisions of the Criminal Code. [Any] A person violating the provisions of this section is guilty of a misdemeanor."
SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2020.
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