N.M. Stat. » N.M. Stat. / Chapter 30 / Article 22
New Mexico Statutes

N.M. Stat. § 30-22-25 (2026)

Aggravated battery upon peace officer.

✓ current as of May 2026
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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 he is in the lawful discharge of his duties.

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

   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 third degree felony.
History: 1953 Comp., § 40A-22-24, enacted by Laws 1971, ch. 265, § 5.

                                       ANNOTATIONS

Cross references. — For definitions of deadly weapon and great bodily harm, see 30-
1-12 NMSA 1978.

For aggravated battery, see 30-3-5 NMSA 1978.

Knowledge of the victim’s identity as a peace officer. — Knowledge of the victim’s
identity as a peace officer is an essential element of the crime of aggravated battery
upon a peace officer, which the state has the burden to prove beyond a reasonable
doubt. State v. Nozie, 2009-NMSC-018, 146 N.M. 142, 207 P.3d 1119, aff'g 2007-
NMCA-131, 142 N.M. 626, 168 P.3d 756.

Sufficient evidence of aggravated battery on a peace officer based on a theory of
accessory liability. — Where police officers attempted to execute a search of
defendant’s residence pursuant to a warrant, and where, as officers approached a
camper on the property, the officers heard and saw gunfire coming from the camper,
striking one of the officers, evidence that defendant owned the camper and was inside
the camper at the time of the gunfire, and that DNA tests performed on several of the
firearms retrieved from the camper found that defendant was either a major contributor
of the DNA or could not be eliminated as a contributor, was sufficient for a reasonable
jury to infer that defendant either shot at the officers himself, or, given the availability of
firearms and ammunition inside his camper, defendant encouraged, helped, or caused
others to shoot at the officers. State v. Uribe-Vidal, 2018-NMCA-008.

Convictions of aggravated battery upon a peace officer and attempted first
degree murder violated double jeopardy. — Where defendant, who was imprisoned
in a county detention center, attacked and stabbed a correctional officer five times with
a metal shank, defendant’s convictions for attempted murder and aggravated battery of
a peace officer did not violate double jeopardy. State v. Urquizo, 2012-NMCA-113, 288
P.3d 919, cert. granted, 2012-NMCERT-011.

Although the defendant’s mental state, rather than the victim’s conduct, is the
touchstone of the defendant’s knowledge that the victim is a peace officer, the
defendant’s intent to commit aggravated battery on a peace officer may be established
by circumstantial evidence, which may include the fact that the victim was in full
uniform, had a badge visibly displayed, was driving a marked police vehicle, or had
identified himself or herself as a police officer. State v. Nozie, 2009-NMSC-018, 146
N.M. 142, 207 P.3d 1119, aff'g 2007-NMCA-131, 142 N.M. 626, 168 P.3d 756.

Battery under Section 30-3-4 NMSA 1978 is a lesser included offense of
aggravated battery upon a peace officer. State v. Nozie, 2009-NMSC-018, 146 N.M.
142, 207 P.3d 1119, aff'g 2007-NMCA-131, 142 N.M. 626, 168 P.3d 756.
Claim of self-defense negates a specific element of battery upon a peace officer.
State v. Flores, 2005-NMCA-135, 138 N.M. 636, 124 P.3d 1175, cert. denied, 2005-
NMCERT-011, 138 N.M. 636, 124 P.3d 564.

Lesser offense. — The offense of aggravated battery upon a peace officer is a lesser
included offense of the crime of assault with intent to commit a violent felony upon a
peace officer (30-22-23 NMSA 1978). State v. Bojorquez, 1975-NMCA-075, 88 N.M.
154, 538 P.2d 796, cert. denied, 88 N.M. 318, 540 P.2d 248.

Battery upon officer included. — Battery upon a peace officer is a charge included
within the charge of aggravated battery upon a peace officer, and thus defendant's
conviction was for an offense included within the charge of aggravated battery of an
officer of which he had notice. State v. Kraul, 1977-NMCA-032, 90 N.M. 314, 563 P.2d
108, cert. denied, 90 N.M. 637, 567 P.2d 486.
Notes of Decisions
Cited in 29 cases (9 in the last 5 years), 1983–2026 · leading case: State v. Nozie, 207 P.3d 1119 (N.M. 2009).
Sort: Relevance Newest Treatment
State v. Nozie, 207 P.3d 1119 (N.M. 2009). · cites it 19× “Specifically, the State claims that the plain language of Section 30-22-25 requires only one mental state, intent to injure, and, therefore, “[i]t is not for the Court of Appeals to rewrite the statute to add a new [mental state].”
State v. Padilla, 1997 NMSC 22 (N.M. 1997). · cites it 5× “Section 30-22-25(B) defines aggravated battery on a peace officer as “inflicting an injury to the peace officer which is not likely to cause death or great bodily harm, but does cause painjul temporary disfigurement or temporary loss or impairment of the functions of any member…”
State v. Mantelli, 42 P.3d 272 (N.M. Ct. App. 2002). · cites it 4× “NMSA 1978, § 30-22-25 (1971) {38} We hold that Defendant submitted sufficient evidence to warrant a jury instruction on justifiable homicide by a police officer.”
State v. Uribe-Vidal, 2018 NMCA 8 (N.M. Ct. App. 2017). · cites it 4× “{1} This appeal stems from a jury verdict convicting Defendant Juan Uribe-Vidal of eleven counts of aggravated assault upon a peace officer (deadly weapon), contrary to NMSA 1978, Section 30-22-22(A)(1) (1971), and one count of aggravated battery upon a peace officer (deadly…”
State v. Montano, 2020 NMSC 009 (N.M. 2020). · cites it 4× ““A fact- finder often reviews the attendant circumstances of a crime to learn, for example, the perpetrator’s motive or intent.” Id.”
State v. Akers, 243 P.3d 757 (N.M. Ct. App. 2010). · cites it 3× “See § 30-22-1; NMSA 1978, § 30-22-5 (2003); NMSA 1978, § 30-22-25 (1971). In the first trial, Defendant was acquitted of the tampering charge, but the jury hung on the remaining charges.”
State v. Nozie, 2007 NMCA 131 (N.M. Ct. App. 2007). · cites it 4× “We therefore hold that when there is a question of fact as to whether the defendant knew the victim was a peace officer, UJI 14-2216 applies to the offense of aggravated battery on a peace officer, NMSA 1978, § 30-22-25 (1971). {4} The State argues that UJI 14-2216 should be…”
State v. Nozie, 168 P.3d 756 (N.M. Ct. App. 2007). · cites it 4× “We therefore hold that when there is a question of fact as to whether the defendant knew the victim was a peace officer, UJI 14-2216 applies to the offense of aggravated battery on a peace officer, NMSA 1978, § 30-22-25 (1971). {4} The State argues that UJI 14-2216 should be…”
State v. Flores, 2005 NMCA 135 (N.M. Ct. App. 2005). · cites it 2× “{4} Well before the second competency hearing began in May 2001, while in the LCDC awaiting trial in the capital murder case, Defendant was involved in an incident in jail which resulted in a charge against him for the crime of aggravated battery upon a peace officer contrary to…”
State v. Benally, 2021 NMSC 027 (N.M. 2021). · cites it 2× “For example, the offenses of assault by a prisoner, NMSA 1978, § 30-22-17 (1963), aggravated assault upon a peace officer with a deadly weapon, NMSA 1978, § 30-22-22 (1971), aggravated battery, NMSA 1978, § 30-3-5 (1969), and aggravated battery upon a peace officer with a deadly…”
State v. Bennett, 82 P.3d 72 (N.M. Ct. App. 2003). · cites it 2× “{9} Moreover, the EMDA definition includes as a serious violent offense “aggravated battery upon a peace officer, as provided in Section 30-22-25,” also a third degree felony.”
State v. Perez, 44 P.3d 530 (N.M. Ct. App. 2002). · cites it 3× “enses: (a) second degree murder, as provided in Section 30-2-1-NMSA1978; (b) assault with intent to commit a violent felony, as provided in Section 30-3-3 NMSA 1978; (c) kidnapping, as provided in Section 30-4-1 NMSA 1978; (d) aggravated battery, as provided in Subsection C of…”
Show all 29 citing cases →
— N.M. Stat. § 30-22-25(A) — 5 cases
State v. Nozie, 207 P.3d 1119 (N.M. 2009). “Specifically, the State claims that the plain language of Section 30-22-25 requires only one mental state, intent to injure, and, therefore, “[i]t is not for the Court of Appeals to rewrite the statute to add a new [mental state].”
State v. Montano, 2020 NMSC 009 (N.M. 2020). ““A fact- finder often reviews the attendant circumstances of a crime to learn, for example, the perpetrator’s motive or intent.” Id.”
State v. Urquizo, 2012 NMCA 113 (N.M. Ct. App. 2012).
State v. Mendez (N.M. Ct. App. 2024).
State v. Lett (N.M. Ct. App. 2023).
— N.M. Stat. § 30-22-25(B) — 10 cases
State v. Nozie, 207 P.3d 1119 (N.M. 2009). “Specifically, the State claims that the plain language of Section 30-22-25 requires only one mental state, intent to injure, and, therefore, “[i]t is not for the Court of Appeals to rewrite the statute to add a new [mental state].”
State v. Padilla, 1997 NMSC 22 (N.M. 1997). “Section 30-22-25(B) defines aggravated battery on a peace officer as “inflicting an injury to the peace officer which is not likely to cause death or great bodily harm, but does cause painjul temporary disfigurement or temporary loss or impairment of the functions of any member…”
State v. Nozie, 2007 NMCA 131 (N.M. Ct. App. 2007). “We therefore hold that when there is a question of fact as to whether the defendant knew the victim was a peace officer, UJI 14-2216 applies to the offense of aggravated battery on a peace officer, NMSA 1978, § 30-22-25 (1971). {4} The State argues that UJI 14-2216 should be…”
State v. Nozie, 168 P.3d 756 (N.M. Ct. App. 2007). “We therefore hold that when there is a question of fact as to whether the defendant knew the victim was a peace officer, UJI 14-2216 applies to the offense of aggravated battery on a peace officer, NMSA 1978, § 30-22-25 (1971). {4} The State argues that UJI 14-2216 should be…”
State v. Jones, 3 P.3d 142 (N.M. Ct. App. 2000).
— N.M. Stat. § 30-22-25(C) — 5 cases
State v. Uribe-Vidal, 2018 NMCA 8 (N.M. Ct. App. 2017). “{1} This appeal stems from a jury verdict convicting Defendant Juan Uribe-Vidal of eleven counts of aggravated assault upon a peace officer (deadly weapon), contrary to NMSA 1978, Section 30-22-22(A)(1) (1971), and one count of aggravated battery upon a peace officer (deadly…”
State v. Uribe-Vidal (N.M. Ct. App. 2017).
State v. Hernandez (N.M. Ct. App. 2022).
State v. Mendez (N.M. Ct. App. 2024).
State v. Baca, 2020 NMCA 049 (N.M. Ct. App. 2020).
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