2019 New Mexico Statutes
Chapter 30 - Criminal Offenses
Article 3 - Assault and Battery
Section 30-3-18 - Criminal damage to property of household member; deprivation of property of household member.
A. Criminal damage to the property of a household member consists of intentionally damaging real, personal, community or jointly owned property of a household member with the intent to intimidate, threaten or harass that household member.
B. Whoever commits criminal damage to the property of a household member is guilty of a misdemeanor, except that when the damage to the household member's interest in the property amounts to more than one thousand dollars ($1,000), the offender is guilty of a fourth degree felony.
C. Deprivation of the property of a household member consists of intentionally depriving a household member of the use of separate, community or jointly owned personal property of the household member with the intent to intimidate or threaten that household member.
D. Whoever commits deprivation of the property of a household member is guilty of a misdemeanor.
History: 1978 Comp., § 30-3-18, as enacted by Laws 2009, ch. 255, § 2.
ANNOTATIONSHabitual offender enhancement not prohibited. — Where defendant, a three-time domestic violence offender, pleaded no contest to, and was convicted of, felony battery against a household member, the district court did not err in enhancing defendant's sentence by one year, pursuant to 31-18-17(A) NMSA 1978, based on a prior conviction for false imprisonment, because contrary to defendant's argument, the felony battery against a household member statute is not self-enhancing, and based on the plain language of the statutes at issue, the one-year habitual offender enhancement of defendant's fourth degree felony battery on a household member sentence was proper as a matter of law. State v. Barela, 2019-NMCA-005, cert. granted.
Effective dates. — Laws 2009, ch. 255 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
