A. Aggravated battery against a household member consists of the unlawful
touching or application of force to the person of a household member with intent to
injure that person or another.
B. Whoever commits aggravated battery against a household member is guilty of a
misdemeanor if the aggravated battery against a household member is committed by
inflicting an injury to that person that is not likely to cause death or great bodily harm,
but that does cause painful temporary disfigurement or temporary loss or impairment of
the functions of any member or organ of the body.
C. Whoever commits aggravated battery against a household member is guilty of a
third degree felony if the aggravated battery against a household member is committed:
(1) by inflicting great bodily harm;
(2) with a deadly weapon;
(3) by strangulation or suffocation; or
(4) in any manner whereby great bodily harm or death can be inflicted.
D. Upon conviction pursuant to Subsection B of this section, an offender shall be
required to participate in and complete a domestic violence offender treatment or
intervention program approved by the children, youth and families department pursuant
to rules promulgated by the department that define the criteria for such programs.
E. Notwithstanding any provision of law to the contrary, if a sentence imposed
pursuant to the provisions of Subsection B of this section is suspended or deferred in
whole or in part, the period of probation may extend beyond three hundred sixty-four
days but may not exceed two years. If an offender violates a condition of probation, the
court may impose any sentence that the court could originally have imposed and credit
shall not be given for time served by the offender on probation; provided that the total
period of incarceration shall not exceed three hundred sixty-four days and the combined
period of incarceration and probation shall not exceed two years.
History: Laws 1995, ch. 221, § 7; 2007, ch. 221, § 2; 2008, ch. 16, § 3; 2018, ch. 30, §
2.
ANNOTATIONS
The 2018 amendment, effective July 1, 2018, provided that aggravated battery against
a household member may be committed by strangulation or suffocation; in Subsection
B, after "household member", added "is guilty of a misdemeanor if the aggravated
battery against a household member is committed", and after "organ of the body",
deleted "is guilty of a misdemeanor"; and in Subsection C, after "household member",
added "is guilty of a third degree felony if the aggravated battery against a household
member is committed", added the paragraph designations "(1)" and "(2)", in Paragraph
C(1), after "harm", deleted "or doing so", in Paragraph C(2), after "weapon", deleted "or
doing so", added a new paragraph C(3) and the new paragraph designation "(4)", and in
Paragraph C(4), after "can be inflicted", deleted "is guilty of a third degree felony".
The 2008 amendment, effective July 1, 2008, provided for participation in intervention
programs in Subsection D.
The 2007 amendment, effective July 1, 2007, added Subsections D and E.
Intent to injure victim required. — Defendant's conviction for aggravated battery on a
household member was reversed where there was no direct testimony supporting the
trial court's finding that he acted with the specific intent to harm the victim and there was
not sufficient circumstantial evidence to support a finding of intent. State v. Wynn, 2001-
NMCA-020, 130 N.M. 381, 24 P.3d 816.
Application of force. — Defendant's act of striking a window with sufficient force to
propel the glass inward and against the victim constituted the application of force to the
victim within the meaning of section. State v. Wynn, 2001-NMCA-020, 130 N.M. 381, 24
P.3d 816.
Notes of Decisions
Cited in
73
cases (
33 in the last 5 years), 1998–2025 · leading case:
State v. Phillips, 548 P.3d 51 (N.M. 2024).
State v. Phillips, 548 P.3d 51 (N.M. 2024).
· cites it 5× “See NMSA 1978, § 30-3-16 (2008, amended 2018) (aggravated battery against a household member); § 31-18-16 (1993) (firearm enhancement).”
State v. Jackson, 2020-NMCA-034, 468 P.3d 901.
· cites it 8× “Because neither the aggravated battery against a household member statute nor the CSC statute expressly provide for multiple punishments, see § 30-9-12; § 30-3-16, we begin by applying the Blockburger test to determine whether each statutory provision requires proof of a fact…”
State v. Wynn, 2001-NMCA-020, 24 P.3d 816.
· cites it 6× “” NMSA 1978, § 30-3-16(A) (1995) (emphasis added).”
State v. Romero, 2007-NMSC-013, 156 P.3d 694.
· cites it 4× “{1} The State appeals from an opinion by the Court of Appeals remanding a judgment and sentence following Defendant's convictions of aggravated battery against a household member, contrary to NMSA 1978, § 30-3-16(C) (1995); aggravated assault against a household member with a…”
State v. Phillips, 2021-NMCA-062, 499 P.3d 648.
· cites it 8× “and the lesser included offenses of second-degree murder, contrary to NMSA 1978, Section 30-2-1 (1994), and manslaughter, contrary to NMSA 1978, Section 30-2-3 (1994) (Count 1); two counts of aggravated battery (deadly weapon), contrary to NMSA 1978, Section 30-3-5 (1969)…”
State v. Bennett, 2003-NMCA-147, 82 P.3d 72.
· cites it 5× “The offense Defendant committed, third degree aggravated battery on a household member under Section 30-3-16, is not specifically listed in Section 33-2-34(L)(4).”
State v. Ocon, 493 P.3d 448 (N.M. Ct. App. 2021).
· cites it 2× “See generally NMSA 1978, § 30-3-16(A), (C) (2008). While we note that neither aggravated battery against a household member nor any other form of battery is explicitly listed as a “violent felony” in Section 30-3-14(A), we need not decide whether that crime qualifies as a…”
State v. Ocon, 2021-NMCA-032.
· cites it 2× “See generally NMSA 1978, § 30-3-16(A), (C) (2008). While we note that neither aggravated battery against a household member nor any other form of battery is explicitly listed as a “violent felony” in Section 30-3-14(A), we need not decide whether that crime qualifies as a…”
State v. Maestas, 412 P.3d 79 (N.M. 2018).
· cites it 2× “The grand jury returned an indictment charging Defendant with aggravated battery against a household member pursuant to NMSA 1978, Section 30-3-16 (2008) ; intimidation of a witness pursuant to NMSA 1978, Section 30-24-3(A)(3) (1997) ; child abuse pursuant to NMSA 1978, Section…”
State v. Nozie, 2009-NMSC-018, 207 P.3d 1119.
· cites it 2× “{9} Defendant was charged in an amended four-count information with (1) aggravated battery upon a peace officer, Lieutenant Meo, contrary to Section 30-22-25(B); (2) aggravated battery upon a household member, Philipita, contrary to NMSA 1978, Section 30-3-16(A), (C) (1995,…”
State v. Stein, 1999-NMCA-065, 981 P.2d 295.
· 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…”
State v. Branch, 2010-NMSC-042, 241 P.3d 602.
· cites it 2× “He was also charged with attempted first-degree murder, contrary to NMSA 1978, Section 30-28-1 (1963) and Section 30-2-1A, or in the alternative, aggravated battery against a household member with a deadly weapon, contrary to NMSA 1978, Section 30-3-16(C) (1995); aggravated…”
N.M. Stat. § 30-3-16(0): 1 case
State v. Bennett, 2003-NMCA-147, 82 P.3d 72.
“The offense Defendant committed, third degree aggravated battery on a household member under Section 30-3-16, is not specifically listed in Section 33-2-34(L)(4).”
N.M. Stat. § 30-3-16(A): 12 cases
State v. Wynn, 2001-NMCA-020, 24 P.3d 816.
“” NMSA 1978, § 30-3-16(A) (1995) (emphasis added).”
State v. Ocon, 493 P.3d 448 (N.M. Ct. App. 2021).
“See generally NMSA 1978, § 30-3-16(A), (C) (2008). While we note that neither aggravated battery against a household member nor any other form of battery is explicitly listed as a “violent felony” in Section 30-3-14(A), we need not decide whether that crime qualifies as a…”
State v. Ocon, 2021-NMCA-032.
“See generally NMSA 1978, § 30-3-16(A), (C) (2008). While we note that neither aggravated battery against a household member nor any other form of battery is explicitly listed as a “violent felony” in Section 30-3-14(A), we need not decide whether that crime qualifies as a…”
State v. Jackson, 2020-NMCA-034, 468 P.3d 901.
“Because neither the aggravated battery against a household member statute nor the CSC statute expressly provide for multiple punishments, see § 30-9-12; § 30-3-16, we begin by applying the Blockburger test to determine whether each statutory provision requires proof of a fact…”
State v. Nozie, 2009-NMSC-018, 207 P.3d 1119.
“{9} Defendant was charged in an amended four-count information with (1) aggravated battery upon a peace officer, Lieutenant Meo, contrary to Section 30-22-25(B); (2) aggravated battery upon a household member, Philipita, contrary to NMSA 1978, Section 30-3-16(A), (C) (1995,…”
N.M. Stat. § 30-3-16(B): 16 cases
State v. Jackson, 2020-NMCA-034, 468 P.3d 901.
“Because neither the aggravated battery against a household member statute nor the CSC statute expressly provide for multiple punishments, see § 30-9-12; § 30-3-16, we begin by applying the Blockburger test to determine whether each statutory provision requires proof of a fact…”
State v. Phillips, 2021-NMCA-062, 499 P.3d 648.
“and the lesser included offenses of second-degree murder, contrary to NMSA 1978, Section 30-2-1 (1994), and manslaughter, contrary to NMSA 1978, Section 30-2-3 (1994) (Count 1); two counts of aggravated battery (deadly weapon), contrary to NMSA 1978, Section 30-3-5 (1969)…”
State v. Bennett, 2003-NMCA-147, 82 P.3d 72.
“The offense Defendant committed, third degree aggravated battery on a household member under Section 30-3-16, is not specifically listed in Section 33-2-34(L)(4).”
N.M. Stat. § 30-3-16(C): 33 cases
State v. Romero, 2007-NMSC-013, 156 P.3d 694.
“{1} The State appeals from an opinion by the Court of Appeals remanding a judgment and sentence following Defendant's convictions of aggravated battery against a household member, contrary to NMSA 1978, § 30-3-16(C) (1995); aggravated assault against a household member with a…”
State v. Branch, 2010-NMSC-042, 241 P.3d 602.
“He was also charged with attempted first-degree murder, contrary to NMSA 1978, Section 30-28-1 (1963) and Section 30-2-1A, or in the alternative, aggravated battery against a household member with a deadly weapon, contrary to NMSA 1978, Section 30-3-16(C) (1995); aggravated…”
State v. Phillips, 2021-NMCA-062, 499 P.3d 648.
“and the lesser included offenses of second-degree murder, contrary to NMSA 1978, Section 30-2-1 (1994), and manslaughter, contrary to NMSA 1978, Section 30-2-3 (1994) (Count 1); two counts of aggravated battery (deadly weapon), contrary to NMSA 1978, Section 30-3-5 (1969)…”
State v. Jackson, 2020-NMCA-034, 468 P.3d 901.
“Because neither the aggravated battery against a household member statute nor the CSC statute expressly provide for multiple punishments, see § 30-9-12; § 30-3-16, we begin by applying the Blockburger test to determine whether each statutory provision requires proof of a fact…”
N.M. Stat. § 30-3-16(C)(1): 2 cases
N.M. Stat. § 30-3-16(C)(2): 4 cases
N.M. Stat. § 30-3-16(C)(3): 5 cases
N.M. Stat. § 30-3-16(D): 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.