SENATE BILL 100

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Cindy Nava and Linda M. Trujillo

AN ACT

RELATING TO CRIME; PROVIDING A DEFINITION OF "DWELLING" FOR BURGLARY AND AGGRAVATED BURGLARY.

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

     SECTION 1. Section 30-16-3 NMSA 1978 (being Laws 1963, Chapter 303, Section 16-3, as amended) is amended to read:

     "30-16-3. BURGLARY.--

          A. Burglary consists of the unauthorized entry of [any] a vehicle, a watercraft, an aircraft, a dwelling or other structure, movable or immovable, with the intent to commit any felony or theft [therein] in the vehicle, watercraft, aircraft, dwelling or other structure.

          [A.] B. Any person who, without authorization, enters a dwelling [house] with intent to commit any felony or theft therein is guilty of a third degree felony.

          [B.] C. Any person who, without authorization, enters any vehicle, watercraft, aircraft or other structure, movable or immovable, with intent to commit any felony or theft therein is guilty of a fourth degree felony.

          D. As used in this section, "dwelling" means a personal space with some sort of enclosure that creates the expectation of privacy in such a manner that a reasonable person would expect protection from an unauthorized intrusion."

     SECTION 2. Section 30-16-4 NMSA 1978 (being Laws 1963, Chapter 303, Section 16-4) is amended to read:

     "30-16-4. AGGRAVATED BURGLARY.--

          A. Aggravated burglary consists of the unauthorized entry of [any] a vehicle, a watercraft, an aircraft, a dwelling or other structure, movable or immovable, with intent to commit [any] a felony or theft [therein] in the vehicle, watercraft, aircraft, dwelling or other structure and the person either:

                [A.] (1) is armed with a deadly weapon;

                [B.] (2) after entering, [arms himself] is armed with a deadly weapon; or

                [C.] (3) commits a battery upon [any] a person while in [such] the place or in entering or leaving [such] the place.

          B. Whoever commits aggravated burglary is guilty of a second degree felony.

          C. As used in this section, "dwelling" means a personal space with some sort of enclosure that creates the expectation of privacy in such a manner that a reasonable person would expect protection from an unauthorized intrusion."

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