SB 18 — CRIME OF SWATTING

SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR SENATE BILL 18 57TH LEGISLATURE -STATEOFNEWMEXICO- FIRST SESSION, 2025 INTRODUCED4 BY6 Craig8 W.10 AN ACT RELATING TO CRIMES AGAINST THE PUBLIC PEACE;

Brandt and Steve D.

Lanier and Catherine J.

Cullen 6 8 10 AN ACT RELATING TO CRIMES AGAINST THE PUBLIC PEACE;

PRESCRIBING PENALTIESPENALTIES; FOR SWATTING;

INCREASING THE PENALTY FOR MAKING A SHOOTING THREAT TO A FOURTH DEGREE FELONY;

DEFINING "PUBLIC SAFETY AGENCY";

1615 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

e t 17 SECTION 1.

Section 30-20-1630-39-1 NMSA 1978 (being Laws 1975,1979, we lt n17 d 18 Chapter 285,145, Section 1,1) as amended) is amended to read:

=w =l 19n ad l18 "30-20-16."30-39-1.

BOMBFALSE SCARES,[REPORT--PENALTY] [AND]REPORTING--PENALTIES.-- SHOOTING= THREATS= AND19 i a el r 20 SWATTING UNLAWFUL.-- a t m m 21 A.

MakingIt ais bombunlawful scarefor consists[any] ofa falselyperson andto di ra e 22r maliciously20 statingintentionally make a false report to anothera personlaw thatenforcement agency a bombt orm otherm c21 eor sofficial k[which 23report explosivehe hasknows beento placedbe infalse suchat athe positiontime thatof propertyd orr e 22 making it] alleging a nviolation bby 24another personsperson areof likelythe toc bee injureds ork destroyed.23 provisions of the Criminal Code.

[Any] A person [violating] e a n b 24 who violates the provisions of this [section] subsection is u [ B.guilty of a misdemeanor.

Making.231263.2 aSJC/SB shooting18 threatB. consists of .229269.1 intentionally communicating to another person an intent to bring a firearm to a property or use the firearm with the intent to:

(1)It placeis unlawful for a person to knowingly make a false or groupmisleading report to a public safety agency of personsan inongoing fearemergency or threat of greatviolence bodilywith harm;the intent to cause an immediate response from the public safety agency.

(2)A preventperson orwho interruptviolates the occupationprovisions orof usethis subsection is guilty of a publicfourth building;degree felony.

or (3) cause a response to the threat by a law enforcement official or volunteer agency organized to deal with emergencies.

SwattingAs consistsused ofin knowinglythis makingsection, a"public false or misleading report to a public safety agencyagency" ofmeans: an ongoing emergency or threat of violence with the intent to cause an immediate response from a public safety agency.

[C.](1) D.a law enforcement, firefighting or emergency medical services agency;

Whoeveror commits(2) makinga twenty-four-hour local communications facility that receives 911 service communications and directly dispatches emergency response services or relays communications to law enforcement, firefighting or emergency medical services agencies." - 2 - e t 17 w l n d 18 = = 19 a bombl scare,i [isa guiltye ofr 20 a fourtht degreem felony.m 21 d r e 22 c e s k 23 e a n b 24 u [ .231263.2

e t 17 D.

Whoever commits] making a shooting threat [is w l n d 18 guilty of a misdemeanor] or swatting is guilty of a fourth = = 19 a l degree felony.

i a e r 20 E.

A court may order a person convicted [for the a t m m 21 offense] of making a bomb scare, [or] making a shooting threat d r e 22 or swatting to reimburse the victim of the offense for economic c e s k 23 harm caused by that offense.

e a n b 24 F.

As used in this section:

u [ (1) "economic harm" means [all] direct, .229269.1 - 2 - incidental and consequential financial harm [suffered by a victim of the offense of making a bomb scare or shooting threat.

"Economic harm"] and includes:

[(1)] (a) lost wages, salaries or other compensation;

[lost as a result of the commission of the offense of making a bomb scare or shooting threat (2)] (b) the cost of [all] wages, salaries or other compensation paid to employees for time that those employees are prevented from working [as a result of the commission of the offense of making a bomb scare or shooting threat];

and [(3)] (c) overhead costs incurred for the period of time that a business is shut down;

[as a result of the commission of the offense of making a bomb scare or shooting threat] and (2) "public safety agency" means a law e t 17 enforcement, firefighting or emergency medical services agency w l n d 18 or a public safety answering point operating in accordance with = = 19 a l the Enhanced 911 Act." i a e r 20 - 3 - a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .229269.1