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SENATE BILL 153
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Antonio Maestas and Nicole Chavez
AN ACT
RELATING TO LARCENY; REMOVING "DWELLING" FROM AGGRAVATED
BURGLARY; CREATING THE CRIME OF HOME INVASION; PROVIDING A
PENALTY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 30-16-4 NMSA 1978 (being Laws 1963,
Chapter 303, Section 16-4) is amended to read:
"30-16-4. AGGRAVATED BURGLARY.--
A. Aggravated burglary consists of the unauthorized
entry of [any] a vehicle, a watercraft, an aircraft [dwelling]
or other structure, movable or immovable, with intent to commit
[any] a felony or theft [therein ] in it and the person either:
[A.] (1) is armed with a deadly weapon;
[B.] (2) after entering, [arms himself ] is
armed with a deadly weapon; or
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[C.] (3) commits a battery upon [any ] a person
while in [such] the place or in entering or leaving [such ] the
place.
B. Whoever commits aggravated burglary is guilty of
a second degree felony."
SECTION 2. A new Section 30-16-4.1 NMSA 1978 is enacted
to read:
"30-16-4.1. [NEW MATERIAL ] HOME INVASION.--
A. Home invasion consists of the unlawful entry of
a dwelling while an occupant is inside with the intent to
commit a felony or theft in it and the person either:
(1) is armed with a deadly weapon;
(2) after entering, is armed with a deadly
weapon; or
(3) commits any unlawful act, threat or
menacing conduct that causes another person to reasonably
believe that the person is in danger of receiving an immediate
battery.
B. Whoever commits home invasion is guilty of a
second degree felony."
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