underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
SENATE BILL 381
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Candy Spence Ezzell
AN ACT
RELATING TO CRIME; DEFINING "LIVESTOCK" IN THE CRIMINAL CODE;
AMENDING THE CRIME FOR LARCENY OF LIVESTOCK AND FIREARMS TO
PERMIT MULTIPLE OFFENSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 30-1-12 NMSA 1978 (being Laws 1963,
Chapter 303, Section 1-13) is amended to read:
"30-1-12. DEFINITIONS.--As used in the Criminal Code:
A. "great bodily harm" means an injury to the
person [which] that creates a high probability of death, [or
which] causes serious disfigurement or [which ] results in
permanent or protracted loss or impairment of the function of
any member or organ of the body;
B. "deadly weapon" means any firearm, whether
loaded or unloaded; or any weapon [which ] that is capable of
.229334.4 underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
producing death or great bodily harm, including but not
restricted to any types of daggers, brass knuckles, switchblade
knives, bowie knives, poniards, butcher knives, dirk knives and
all such weapons with which dangerous cuts can be given or with
which dangerous thrusts can be inflicted, including swordcanes,
[and] any kind of sharp pointed canes, [also ] slingshots, slung
shots and bludgeons; or any other weapons with which dangerous
wounds can be inflicted;
C. "peace officer" means any public official or
public officer vested by law with a duty to maintain public
order or to make arrests for crime, whether that duty extends
to all crimes or is limited to specific crimes;
D. "another" or "other" means any other human being
or legal entity, whether incorporated or unincorporated,
including the United States, the state [of New Mexico ] or any
subdivision [thereof] of the state;
E. "person" means any human being or legal entity,
whether incorporated or unincorporated, including the United
States, the state [of New Mexico ] or any subdivision [thereof ]
of the state;
F. "anything of value" means any conceivable thing
of the slightest value, tangible or intangible, movable or
immovable, corporeal or incorporeal, public or private. The
term is not necessarily synonymous with the traditional legal
term "property";
.229334.4
- 2 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
G. "official proceeding" means a proceeding heard
before any legislative, judicial, administrative or other
governmental agency or official authorized to hear evidence
under oath, including any referee, hearing examiner,
commissioner, notary or other person taking testimony or
depositions in any proceeding;
H. "lawful custody or confinement" means the
holding of any person pursuant to lawful authority, including
without limitation actual or constructive custody of prisoners
temporarily outside a penal institution, reformatory, jail,
prison farm or ranch;
I. "public officer" means any elected or appointed
officer of the state or any of its political subdivisions,
[and] whether or not [he] the officer receives remuneration for
[his] services; [and]
J. "public employee" means any person receiving
remuneration for regular services rendered to the state or any
of its political subdivisions;
K. "livestock" means any domestic or domesticated
animal or animals that are used or raised on a farm or ranch
and exotic animals in captivity and includes horses, asses,
mules, cattle, sheep, goats, swine, bison, poultry, ostriches,
emus, rheas, camelids and farm cervidae, but does not include
canine or feline animals. "Livestock" may be singular or
plural; and
.229334.4
- 3 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
L. "head of livestock" means a single animal ."
SECTION 2. Section 30-16-1 NMSA 1978 (being Laws 1963,
Chapter 303, Section 16-1, as amended) is amended to read:
"30-16-1. LARCENY.--
A. Larceny consists of the stealing of anything of
value that belongs to another.
B. Whoever commits larceny when the value of the
property stolen is two hundred fifty dollars ($250) or less is
guilty of a petty misdemeanor.
C. Whoever commits larceny when the value of the
property stolen is over two hundred fifty dollars ($250) but
not more than five hundred dollars ($500) is guilty of a
misdemeanor.
D. Whoever commits larceny when the value of the
property stolen 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 larceny when the value of the
property stolen 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 larceny when the value of the
property stolen is over twenty thousand dollars ($20,000) is
guilty of a second degree felony.
G. Whoever commits larceny when the property of
.229334.4
- 4 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
value stolen is livestock, [is guilty of a third degree felony
regardless of its value ] and when the value of the stolen
livestock is:
(1) two thousand five hundred dollars ($2,500)
or less, is guilty of a third degree felony;
(2) greater than two thousand five hundred
dollars ($2,500), is guilty of a second degree felony; or
(3) greater than twenty thousand dollars
($20,000) and multiple livestock are stolen, is guilty of a
second degree felony.
H. Whoever commits larceny when the property of
value stolen is a firearm, [is guilty of a fourth degree felony
when its value is less than ] and when the value of the stolen
firearm is:
(1) two thousand five hundred dollars ($2,500)
or less, is guilty of a fourth degree felony;
(2) greater than two thousand five hundred
dollars ($2,500) but not more than seven thousand dollars
($7,000), is guilty of a third degree felony;
(3) greater than seven thousand dollars
($7,000) but not more than fifteen thousand dollars ($15,000),
is guilty of a second degree felony; and
(4) greater than fifteen thousand dollars
($15,000), is guilty of a first degree felony.
I. Whoever commits larceny when the property stolen
.229334.4
- 5 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
is multiple livestock or firearms, the theft of each head of
livestock or firearm shall constitute a separate offense ."
- 6 -
.229334.4