2021 New Mexico Statutes
Chapter 30 - Criminal Offenses
Article 3 - Assault and Battery
Section 30-3-11 - Definitions.

Universal Citation: NM Stat § 30-3-11 (2021)

As used in the Crimes Against Household Members Act:

A. "household member" means a spouse, former spouse, parent, present or former stepparent, present or former parent in-law, grandparent, grandparent-in-law, a co-parent of a child or a person with whom a person has had a continuing personal relationship. Cohabitation is not necessary to be deemed a household member for the purposes of the Crimes Against Household Members Act;

B. "continuing personal relationship" means a dating or intimate relationship;

C. "strangulation" means the unlawful touching or application of force to another person's neck or throat with intent to injure that person and in a manner whereby great bodily harm or death can be inflicted, the result of which impedes the person's normal breathing or blood circulation; and

D. "suffocation" means the unlawful touching or application of force that blocks the nose or mouth of another person with intent to injure that person and in a manner whereby great bodily harm or death can be inflicted, the result of which impedes the person's normal breathing or blood circulation.

History: Laws 1995, ch. 221, § 2; 2008, ch. 16, § 1; 2010, ch. 85, § 1; 2018, ch. 30, § 1.

ANNOTATIONS

The 2018 amendment, effective July 1, 2018, added definitions of "strangulation" and "suffocation" to the Crimes Against Household Members Act; added Subsections C and D.

The 2010 amendment, effective July 1, 2010, in Subsection A, after "former spouse", deleted "or family member, including a relative"; after second instance of "present or former", added "parent"; and after "parent in-law", added "grandparent, grandparent-in-law".

The 2008 amendment, effective July 1, 2008, added the definition of "continuing personal relationship" in Subsection B.

Minor child of accused is not included in the definition of "household member". State v. Stein, 1999-NMCA-065, 127 N.M. 362, 981 P.2d 295.

Adult children — A plain reading of this section supports a conclusion that the definition of "household member" includes adult children of the accused. State v. Montoya, 2005-NMCA-005, 136 N.M. 674, 104 P.3d 540, cert. quashed, 2005-NMCERT-011, 138 N.M. 586, 124 P.3d 564.

Victim need not cohabit or reside with defendant in order to be a household member. State v. Montoya, 2005-NMCA-005, 136 N.M. 674, 104 P.3d 540, cert. quashed, 2005-NMCERT-011, 138 N.M. 586, 124 P.3d 564.

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