Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2024 | Updated by Findlaw Staff
A. As used in this section:
(1) “in the lawful discharge of his duties” means engaged in the performance of the duties of a school employee; and
(2) “school employee” includes a member of a local public school board and public school administrators, teachers and other employees of that board.
B. Assault upon a school employee consists of:
(1) an attempt to commit a battery upon the person of a school employee while he is in the lawful discharge of his duties; or
(2) any unlawful act, threat or menacing conduct which causes a school employee while he is in the lawful discharge of his duties to reasonably believe that he is in danger of receiving an immediate battery.
Whoever commits assault upon a school employee is guilty of a misdemeanor.
C. Aggravated assault upon a school employee consists of:
(1) unlawfully assaulting or striking at a school employee with a deadly weapon while he is in the lawful discharge of his duties;
(2) committing assault by threatening or menacing a school employee who is engaged in the lawful discharge of his duties by a person wearing a mask, hood, robe or other covering upon the face, head or body, or while disguised in any manner so as to conceal identity; or
(3) willfully and intentionally assaulting a school employee while he is in the lawful discharge of his duties with intent to commit any felony.
Whoever commits aggravated assault upon a school employee is guilty of a third degree felony.
D. Assault with intent to commit a violent felony upon a school employee consists of any person assaulting a school employee while he is in the lawful discharge of his duties with intent to kill the school employee.
Whoever commits assault with intent to commit a violent felony upon a school employee is guilty of a second degree felony.
E. Battery upon a school employee is the unlawful, intentional touching or application of force to the person of a school employee while he is in the lawful discharge of his duties, when done in a rude, insolent or angry manner.
Whoever commits battery upon a school employee is guilty of a fourth degree felony.
F. Aggravated battery upon a school employee consists of the unlawful touching or application of force to the person of a school employee with intent to injure that school employee while he is in the lawful discharge of his duties.
Whoever commits aggravated battery upon a school employee, inflicting an injury to the school employee which is not likely to cause death or great bodily harm but does cause painful temporary disfigurement or temporary loss or impairment of the functions of any member or organ of the body, is guilty of a fourth degree felony.
Whoever commits aggravated battery upon a school employee, inflicting great bodily harm, or does so with a deadly weapon or in any manner whereby great bodily harm or death can be inflicted, is guilty of a third degree felony.
G. Every person who assists or is assisted by one or more other persons to commit a battery upon any school employee while he is in the lawful discharge of his duties is guilty of a fourth degree felony.
Cite this article: FindLaw.com - New Mexico Statutes Chapter 30. Criminal Offenses § 30-3-9. Assault; battery; school personnel - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-30-criminal-offenses/nm-st-sect-30-3-9/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)