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NEW MEXICO STATUTES AND CODES

Section 30-3-17 - Multiple convictions of battery or aggravated battery.

30-3-17. Multiple convictions of battery or aggravated battery.

A.     Whoever commits three offenses of battery against a household member as provided in Section 30-3-15 NMSA 1978 or aggravated battery against a household member as provided in Subsection B of Section 30-3-16 NMSA 1978, or any combination thereof, when the household member is a spouse, a former spouse, a co-parent of a child or a person with whom the offender has had a continuing personal relationship is guilty of a fourth degree felony.   

B.     Whoever commits four or more offenses of battery against a household member as provided in Section  30-3-15 NMSA 1978 or aggravated battery against a household member as provided in Subsection B of Section 30-3-16 NMSA 1978, or any combination thereof, when the household member is a spouse, a former spouse, a co-parent of a child or a person with whom the offender has had a continuing personal relationship is guilty of a third degree felony. 

C.     For the purpose of determining the number of offenses committed, each offense must have been committed after conviction for the preceding offense.

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