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.
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.
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