Aggravated burglary
Applied in 10 court decisions — leading case Lucero v. Kerby (1998)
Most recently applied in United States v. Turrieta (November 2017)
1953 Comp., § 40A-16-4, enacted by Laws 1963, ch. 303, § 16-4.
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Aggravated burglary consists of the unauthorized entry of any vehicle, watercraft, aircraft, dwelling or other structure, movable or immovable, with intent to commit any felony or theft therein and the person either:
A. is armed with a deadly weapon;
B. after entering, arms himself with a deadly weapon;
C. commits a battery upon any person while in such place, or in entering or leaving such place.
Whoever commits aggravated burglary is guilty of a second degree felony.
Official source: NMOneSource (New Mexico Compilation Commission). Reproduced from public-domain New Mexico statutes; confirm against the official source for the current text. Not legal advice.