HOUSE BILL 262

52nd legislature - STATE OF NEW MEXICO - second session, 2016

INTRODUCED BY

Alonzo Baldonado

AN ACT

RELATING TO CRIME; PROVIDING THAT THE VALUE OF PROPERTY DAMAGED SHALL BE USED TO DETERMINE THE LEVEL OF AN ARSON OFFENSE.

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, as amended) is amended to read:

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

          A. Arson consists of a person maliciously or willfully starting a fire or causing an explosion with the purpose of destroying or damaging:

                (1) a building, occupied structure or property of another person;

                (2) a bridge, utility line, fence or sign; or

                (3) any property, whether the person's own property or the property of another person, to collect insurance for the loss.

          B. Whoever commits arson when the [damage] total value of the property damaged is two hundred fifty dollars ($250) or less is guilty of a petty misdemeanor.

          C. Whoever commits arson when the [damage] total value of the property damaged is over two hundred fifty dollars ($250) but not more than five hundred dollars ($500) is guilty of a misdemeanor.

          D. Whoever commits arson when the [damage] total value of the property damaged 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 arson when the [damage] total value of the property 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 [damage] total value of the property damaged is over twenty thousand dollars ($20,000) is guilty of a second degree felony.

          G. Negligent arson consists of a person recklessly starting a fire or causing an explosion, whether on the person's property or the property of another person, and thereby directly:

                (1) causing the death or bodily injury of another person; or

                (2) damaging or destroying a building or occupied structure of another person.

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

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

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2016.

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