Terms Used In New Mexico Statutes 30-3-8

  • Felony: A crime carrying a penalty of more than a year in prison.

A.   Shooting at a dwelling or occupied building consists of willfully discharging a firearm at a dwelling or occupied building.  Whoever commits shooting at a dwelling or occupied building that does not result in great bodily harm to another person is guilty of a fourth degree felony.  Whoever commits shooting at a dwelling or occupied building that results in injury to another person is guilty of a third degree felony. Whoever commits shooting at a dwelling or occupied building that results in great bodily harm to another person is guilty of a second degree felony.   

B.   Shooting at or from a motor vehicle consists of willfully discharging a firearm at or from a motor vehicle with reckless disregard for the person of another.  Whoever commits shooting at or from a motor vehicle that does not result in great bodily harm to another person is guilty of a fourth degree felony. Whoever commits shooting at or from a motor vehicle that results in injury to another person is guilty of a third degree felony. Whoever commits shooting at or from a motor vehicle that results in great bodily harm to another person is guilty of a second degree felony.   

C.   This section shall not apply to a law enforcement officer discharging a firearm in the lawful performance of his duties.   

  History: Laws 1987, ch. 213, § 1; 1993, ch. 78, § 1.