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NEW MEXICO STATUTES AND CODES

Section 30-3-8 - Shooting at dwelling or occupied building; shooting at or from a motor vehicle.

30-3-8. Shooting at dwelling or occupied building; shooting at or from a motor vehicle.

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.   

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