HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR

HOUSE BILL 153

56th legislature - STATE OF NEW MEXICO - first session, 2023

 

 

 

 

 

 

 

AN ACT

RELATING TO CRIME; DEFINING LIVESTOCK IN THE CRIMINAL CODE; AMENDING THE CRIME FOR LARCENY OF LIVESTOCK TO PERMIT MULTIPLE OFFENSES.

 

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

     SECTION 1. Section 30-1-12 NMSA 1978 (being Laws 1963, Chapter 303, Section 1-13) is amended to read:

     "30-1-12. DEFINITIONS.--As used in the Criminal Code:

          A. "great bodily harm" means an injury to the person [which] that creates a high probability of death, [or which] causes serious disfigurement or [which] results in permanent or protracted loss or impairment of the function of any member or organ of the body;

          B. "deadly weapon" means any firearm, whether loaded or unloaded; or any weapon [which] that is capable of producing death or great bodily harm, including but not restricted to any types of daggers, brass knuckles, switchblade knives, bowie knives, poniards, butcher knives, dirk knives and all such weapons with which dangerous cuts can be given or with which dangerous thrusts can be inflicted, including swordcanes, [and] any kind of sharp pointed canes, [also] slingshots, slung shots and bludgeons; or any other weapons with which dangerous wounds can be inflicted;

          C. "peace officer" means any public official or public officer vested by law with a duty to maintain public order or to make arrests for crime, whether that duty extends to all crimes or is limited to specific crimes;

          D. "another" or "other" means any other human being or legal entity, whether incorporated or unincorporated, including the United States, the state [of New Mexico] or any subdivision [thereof] of the state;

          E. "person" means any human being or legal entity, whether incorporated or unincorporated, including the United States, the state [of New Mexico] or any subdivision [thereof] of the state;

          F. "anything of value" means any conceivable thing of the slightest value, tangible or intangible, movable or immovable, corporeal or incorporeal, public or private. The term is not necessarily synonymous with the traditional legal term "property";

          G. "official proceeding" means a proceeding heard before any legislative, judicial, administrative or other governmental agency or official authorized to hear evidence under oath, including any referee, hearing examiner, commissioner, notary or other person taking testimony or depositions in any proceeding;

          H. "lawful custody or confinement" means the holding of any person pursuant to lawful authority, including without limitation actual or constructive custody of prisoners temporarily outside a penal institution, reformatory, jail, prison farm or ranch;

          I. "public officer" means any elected or appointed officer of the state or any of its political subdivisions, [and] whether or not [he] the officer receives remuneration for [his] services; [and]

          J. "public employee" means any person receiving remuneration for regular services rendered to the state or any of its political subdivisions; and

          K. "livestock" means any domestic or domesticated animal or animals that are used or raised on a farm or ranch and exotic animals in captivity, and includes horses, asses, mules, cattle, sheep, goats, swine, bison, poultry, ostriches, emus, rheas, camelids and farm cervidae, but does not include canine or feline animals."

     SECTION 2. Section 30-16-1 NMSA 1978 (being Laws 1963, Chapter 303, Section 16-1, as amended) is amended to read:

     "30-16-1. LARCENY.--

          A. Larceny consists of the stealing of anything of value that belongs to another.

          B. Whoever commits larceny when the value of the property stolen is two hundred fifty dollars ($250) or less is guilty of a petty misdemeanor.

          C. Whoever commits larceny when the value of the property stolen is over two hundred fifty dollars ($250) but not more than five hundred dollars ($500) is guilty of a misdemeanor.

          D. Whoever commits larceny when the value of the property stolen is over five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500) is guilty of a fourth degree felony.

          E. Whoever commits larceny when the value of the property stolen 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.

          F. Whoever commits larceny when the value of the property stolen is over twenty thousand dollars ($20,000) is guilty of a second degree felony.

          G. Whoever commits larceny when the property of value stolen is livestock [is guilty of a third degree felony regardless of its value], and when:

                (1) the value of the stolen livestock is two thousand five hundred dollars ($2,500) or less is guilty of a third degree felony;

                (2) the value of the stolen livestock is greater than two thousand five hundred dollars ($2,500) is guilty of a second degree felony; or

               (3) the value of the stolen livestock is greater than twenty thousand dollars ($20,000) and multiple livestock are stolen is guilty of a second degree felony, and the theft shall constitute separate offenses but not more than three per occurrence.

          H. Whoever commits larceny when the property of value stolen is a firearm is guilty of a fourth degree felony when its value is less than two thousand five hundred dollars ($2,500)."

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