2021 New Mexico Statutes
Chapter 30 - Criminal Offenses
Article 3 - Assault and Battery
Section 30-3-16 - Aggravated battery against a household member.

Universal Citation: NM Stat § 30-3-16 (2021)

A. Aggravated battery against a household member consists of the unlawful touching or application of force to the person of a household member with intent to injure that person or another.

B. Whoever commits aggravated battery against a household member is guilty of a misdemeanor if the aggravated battery against a household member is committed by inflicting an injury to that person that is not likely to cause death or great bodily harm, but that does cause painful temporary disfigurement or temporary loss or impairment of the functions of any member or organ of the body.

C. Whoever commits aggravated battery against a household member is guilty of a third degree felony if the aggravated battery against a household member is committed:

(1) by inflicting great bodily harm;

(2) with a deadly weapon;

(3) by strangulation or suffocation; or

(4) in any manner whereby great bodily harm or death can be inflicted.

D. Upon conviction pursuant to Subsection B of this section, an offender shall be required to participate in and complete a domestic violence offender treatment or intervention program approved by the children, youth and families department pursuant to rules promulgated by the department that define the criteria for such programs.

E. Notwithstanding any provision of law to the contrary, if a sentence imposed pursuant to the provisions of Subsection B of this section is suspended or deferred in whole or in part, the period of probation may extend beyond three hundred sixty-four days but may not exceed two years. If an offender violates a condition of probation, the court may impose any sentence that the court could originally have imposed and credit shall not be given for time served by the offender on probation; provided that the total period of incarceration shall not exceed three hundred sixty-four days and the combined period of incarceration and probation shall not exceed two years.

History: Laws 1995, ch. 221, § 7; 2007, ch. 221, § 2; 2008, ch. 16, § 3; 2018, ch. 30, § 2.

ANNOTATIONS

The 2018 amendment, effective July 1, 2018, provided that aggravated battery against a household member may be committed by strangulation or suffocation; in Subsection B, after "household member", added "is guilty of a misdemeanor if the aggravated battery against a household member is committed", and after "organ of the body", deleted "is guilty of a misdemeanor"; and in Subsection C, after "household member", added "is guilty of a third degree felony if the aggravated battery against a household member is committed", added the paragraph designations "(1)" and "(2)", in Paragraph C(1), after "harm", deleted "or doing so", in Paragraph C(2), after "weapon", deleted "or doing so", added a new paragraph C(3) and the new paragraph designation "(4)", and in Paragraph C(4), after "can be inflicted", deleted "is guilty of a third degree felony".

The 2008 amendment, effective July 1, 2008, provided for participation in intervention programs in Subsection D.

The 2007 amendment, effective July 1, 2007, added Subsections D and E.

Intent to injure victim required. — Defendant's conviction for aggravated battery on a household member was reversed where there was no direct testimony supporting the trial court's finding that he acted with the specific intent to harm the victim and there was not sufficient circumstantial evidence to support a finding of intent. State v. Wynn, 2001-NMCA-020, 130 N.M. 381, 24 P.3d 816.

Application of force. — Defendant's act of striking a window with sufficient force to propel the glass inward and against the victim constituted the application of force to the victim within the meaning of section. State v. Wynn, 2001-NMCA-020, 130 N.M. 381, 24 P.3d 816.

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