46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO CRIMINAL LAW; REVISING THE ELEMENTS OF STATUTES REGARDING ARSON; PROVIDING PENALTIES; AMENDING SECTIONS OF THE NMSA 1978.

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

Section 1. Section 30-17-5 NMSA 1978 (being Laws 1970, Chapter 39, Section 1) is amended to read:

"30-17-5. ARSON AND NEGLIGENT ARSON.--

A. Arson consists of a person maliciously [or] and willfully: [starting a fire or causing an explosion with the purpose of destroying or damaging any building, occupied structure or property of another, or bridge, utility line, fence or sign; or with the purpose of destroying or damaging any property, whether the person's own or another's, to collect insurance for such loss.]

(1) setting fire to or burning, in whole or in part, real property or personal property;

(2) using an explosive device or an explosive substance to destroy or cause to be burned or destroyed, in whole or in part, real property or personal property; or

(3) setting fire to or burning, with the purpose of destroying or damaging real property or personal property, whether the person's own property or the property of another person, in order to collect insurance money for the property loss.

[(1)] B. Whoever commits arson when the value of the [thing] property destroyed or damaged or intended to be destroyed or damaged is one hundred dollars ($100) or less is guilty of a petty misdemeanor.

[(2)] C. Whoever commits arson when the value of the [thing] property destroyed or damaged or intended to be destroyed or damaged is over one hundred dollars ($100) but not more than [one thousand dollars ($1,000) is guilty of a fourth degree felony] two hundred fifty dollars ($250) is guilty of a misdemeanor.

[(3)] D. Whoever commits arson when the value of the [thing] property destroyed or damaged [exceeds one thousand dollars ($1,000) is guilty of a third degree felony] or intended to be destroyed or damaged is over two hundred fifty dollars ($250) but not more than two thousand five hundred dollars ($2,500) is guilty of a fourth degree felony.

[B. Negligent arson consists of recklessly starting a fire or causing an explosion, whether on the person's property or another's, and thereby directly causing the death or bodily injury of another; or damaging or destroying a building or occupied structure of another.

Whoever commits negligent arson is guilty of a fourth degree felony.

C. As used in this section, "occupied structure" includes a boat, trailer, car, airplane, structure or place adapted for the transportation or storage of property or for overnight accommodations of persons or for carrying on business therein, whether or not a person is actually present.]

E. Whoever commits arson when the value of the property destroyed or damaged 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 arson when the value of the property destroyed or damaged or intended to be destroyed or damaged is over twenty thousand dollars ($20,000) is guilty of a second degree felony.

G. Negligent arson in the third degree consists of a person recklessly starting a fire or causing an explosion, whether on the personal or real property of the person or on the personal or real property of another person, and directly causing death or great bodily harm to another person.

H. Whoever commits negligent arson in the third degree is guilty of a third degree felony.

I. Negligent arson in the fourth degree consists of a person recklessly starting a fire or causing an explosion, whether on the personal or real property of the person or on the personal or real property of another person, when the value of the property destroyed or damaged is two thousand five hundred dollars ($2,500) or more.

J. Whoever commits negligent arson in the fourth degree is guilty of a fourth degree felony.

K. Negligent arson consists of a person recklessly starting a fire or causing an explosion, whether on the personal or real property of the person or on the personal or real property of another person, when the value of the property destroyed or damaged is less than two thousand five hundred dollars ($2,500).

L. Whoever commits negligent arson is guilty of a misdemeanor.

M. As used in this section, "recklessly" means acting with willful disregard for the rights or safety of others and in a manner that endangers another person or real or personal property."

Section 2. Section 30-17-6 NMSA 1978 (being Laws 1963, Chapter 303, Section 17-6) is amended to read:

"30-17-6. AGGRAVATED ARSON.--

A. Aggravated arson in the second degree consists of [the wilful or malicious damaging by any explosive substance or the wilful or malicious setting fire to any bridge, aircraft, watercraft, vehicle, pipe line, utility line, communication line or structure, railway structure, private or public building, dwelling or other structure, causing a person great bodily harm.

Whoever commits aggravated arson is guilty of a second degree felony] a person maliciously and willfully setting a fire or causing an explosion that results in great bodily harm to another person.

B. Whoever commits aggravated arson in the second degree is guilty of a second degree felony.

C. Aggravated arson in the third degree consists of a person maliciously and willfully setting a fire or causing an explosion that results in temporary, painful disfigurement to another person or results in an impairment to the functions of a member or an organ of another person's body.

D. Whoever commits aggravated arson in the third degree is guilty of a third degree felony."

Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.