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§ 30-22-25 NMSA 1978

Aggravated battery upon a peace officer

Applied in 1 court decision — leading case Heckard v. Tafoya (2007)

Most recently applied in Heckard v. Tafoya (January 2007)

1953 Comp., § 40A-22-24, enacted by Laws 1971, ch. 265, § 5; 2026, ch. 15, § 1.

A. Aggravated battery upon a peace officer consists of the unlawful touching or application of force to the person of a peace officer with intent to injure that peace officer while the officer is in the lawful discharge of the officer's duties.

B. Whoever commits aggravated battery upon a peace officer, inflicting an injury to the peace officer that 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.

C. Whoever commits aggravated battery upon a peace officer 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 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.