New Mexico Statutes

N.M. Stat. § 30-3-14 (2026)

Assault against a household member with intent to commit

✓ current as of May 2026

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a violent felony.
   A. Assault against a household member with intent to commit a violent felony
consists of any person assaulting a household member with intent to kill or commit any
murder, mayhem, criminal sexual penetration in the first, second or third degree,
robbery, kidnapping, false imprisonment or burglary.

    B. Whoever commits assault against a household member with intent to commit a
violent felony is guilty of a third degree felony.

History: Laws 1995, ch. 221, § 5.

                                    ANNOTATIONS

Effective dates. — Laws 1995, ch. 221, § 8 made the Crimes Against Household
Members Act effective on July 1, 1995.

Separate punishable offenses. — Criminal sexual penetration and assault with intent
to commit criminal sexual penetration on a household member statutes create separate
punishable offenses. State v. Jensen, 2005-NMCA-113, 138 N.M. 254, 118 P.3d 762,
cert. quashed, 2005-NMCERT-011, 138 N.M. 586, 124 P.3d 564.

Double jeopardy. — Where an assault was with an intent to commit criminal sexual
penetration, followed then by criminal sexual penetration, the fear, and the acts of
penetration with resulting personal injury, are reasonably separable conduct that the
defendant was not placed in double jeopardy. State v. Jensen, 2005-NMCA-113, 138
N.M. 254, 118 P.3d 762, cert. quashed, 2005-NMCERT-011, 138 N.M. 586, 124 P.3d
564.

Notes of Decisions

Cited in 9 cases (2 in the last 5 years), 1999–2021 · leading case: State v. Jensen, 2005 NMCA 113 (N.M. Ct. App. 2005).

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State v. Jensen, 2005 NMCA 113 (N.M. Ct. App. 2005). · cites it 14× “{3} In support of his argument, Defendant states that Section 30-3-14(A) (assault with intent to commit CSP against a household member) is identical to NMSA 1978, § 30-3-3 (1977) (assault with intent to commit CSP) in elements, except for the additional element in Section…”

State v. Ocon, 493 P.3d 448 (N.M. Ct. App. 2021). · cites it 4× “{5} For the violence against Victim, the State prosecuted Defendant for assault against a household member with intent to commit a violent felony, in violation of NMSA 1978, Section 30-3-14(A) (1995); 1 false imprisonment, in violation of NMSA 1978, Section 30-4-3 (1963); and…”

State v. Ocon, 2021 NMCA 032 (N.M. Ct. App. 2021). · cites it 4× “{5} For the violence against Victim, the State prosecuted Defendant for assault against a household member with intent to commit a violent felony, in violation of NMSA 1978, Section 30-3-14(A) (1995); 1 false imprisonment, in violation of NMSA 1978, Section 30-4-3 (1963); and…”

State v. Stein, 981 P.2d 295 (N.M. Ct. App. 1999). · cites it 4× “The statute created the offenses of assault against a household member, Section 30-3-12; aggravated assault against a household member, Section 30-3-13; assault against a household member with intent to commit a violent felony, Section 30-3-14; battery against a household…”

Delgado-Hernandez v. Holder, 697 F.3d 1125 (9th Cir. 2012). “876(3) (defining “[vjiolent or sexual offense”); N.M. Stat. Ann. § 30-3-14 (A) (defining “violent felony”); N.”

State v. Jensen, 118 P.3d 762 (N.M. Ct. App. 2005). · cites it 14× “{3} In support of his argument, Defendant states that Section 30-3-14(A) (assault with intent to commit CSP against a household member) is identical to NMSA 1978, § 30-3-3 (1977) (assault with intent to commit CSP) in elements, except for the additional element in Section…”

State v. Torres, Jr. (N.M. Ct. App. 2018). · cites it 2× “appeals his convictions for false imprisonment, 2 contrary to NMSA 1978, Section 30-4-3 (1963); assault with intent to commit a 3 violent felony against a household member (kidnapping), contrary to NMSA 1978, 4 Section 30-3-14 (1995); unlawful taking of a motor vehicle, contrary…”

State v. Rael (N.M. Ct. App. 2020). · cites it 2× “{1} Mario Rael (Defendant) was found guilty of aggravated battery against a household member (great bodily harm), contrary to NMSA 1978, Section 30-3-16(C) (2008, amended 2018), assault (attempted battery) against a household member, contrary to NMSA 1978, Section 30-3-14…”

State v. Flores (N.M. Ct. App. 2020). · cites it 2× “{1} Defendant Eduardo Flores raises numerous challenges to his convictions for assault with intent to commit a violent felony against a household member (false imprisonment), contrary to NMSA 1978, Section 30-3-14 (1995), kidnapping (second degree), contrary to NMSA 1978,…”

— N.M. Stat. § 30-3-14(A) — 4 cases

State v. Ocon, 493 P.3d 448 (N.M. Ct. App. 2021). “{5} For the violence against Victim, the State prosecuted Defendant for assault against a household member with intent to commit a violent felony, in violation of NMSA 1978, Section 30-3-14(A) (1995); 1 false imprisonment, in violation of NMSA 1978, Section 30-4-3 (1963); and…”

State v. Ocon, 2021 NMCA 032 (N.M. Ct. App. 2021). “{5} For the violence against Victim, the State prosecuted Defendant for assault against a household member with intent to commit a violent felony, in violation of NMSA 1978, Section 30-3-14(A) (1995); 1 false imprisonment, in violation of NMSA 1978, Section 30-4-3 (1963); and…”

State v. Jensen, 2005 NMCA 113 (N.M. Ct. App. 2005). “{3} In support of his argument, Defendant states that Section 30-3-14(A) (assault with intent to commit CSP against a household member) is identical to NMSA 1978, § 30-3-3 (1977) (assault with intent to commit CSP) in elements, except for the additional element in Section…”

State v. Jensen, 118 P.3d 762 (N.M. Ct. App. 2005). “{3} In support of his argument, Defendant states that Section 30-3-14(A) (assault with intent to commit CSP against a household member) is identical to NMSA 1978, § 30-3-3 (1977) (assault with intent to commit CSP) in elements, except for the additional element in Section…”

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