This bill amends the definitions of burglary and aggravated burglary in New Mexico law to provide a clearer understanding of what constitutes a "structure" in these contexts. The new legal language specifies that burglary includes the unauthorized entry into a vehicle, watercraft, aircraft, dwelling, or other movable or immovable structures with the intent to commit a felony or theft. Additionally, it introduces a definition of "structure" as a protected space that is enclosed to the extent that it can confine people or property, creating an expectation of privacy against unauthorized intrusion.

For aggravated burglary, the bill similarly expands the definition to include the unauthorized entry into the same types of structures with the intent to commit a felony or theft, while also detailing specific circumstances that elevate the crime to aggravated burglary, such as being armed with a deadly weapon or committing a battery. The amendments clarify the legal consequences for these offenses, with burglary classified as a third or fourth degree felony depending on the circumstances, and aggravated burglary as a second degree felony.

Statutes affected:
introduced version: 30-16-3, 30-16-4
JU substitute: 30-16-3, 30-16-4