A. As used in this section:
(1) "in the lawful discharge of his duties" means engaged in the performance of the duties of a sports official;
(2) "sports official" means a person who:
(a) serves as a referee, umpire linesman, timer or scorer, or who serves in a similar capacity, while working, supervising or administering a sports event; and
(b) is registered as a member of a local, state, regional or national organization that is engaged in providing education and training to sports officials.
B. Assault upon a sports official consists of:
(1) an attempt to commit a battery upon the person of a sports official while he is in the lawful discharge of his duties; or
(2) any unlawful act, threat or menacing conduct that causes a sports official while he is in the lawful discharge of his duties to reasonably believe that he is in danger of receiving an immediate battery.
C. Whoever commits assault upon a sports official is guilty of a misdemeanor.
D. Aggravated assault upon a sports official consists of unlawfully assaulting or striking at a sports official with a deadly weapon while he is in the lawful discharge of his duties.
E. Whoever commits aggravated assault upon a sports official is guilty of a third degree felony.
F. Battery upon a sports official is the unlawful, intentional touching or application of force to the person of a sports official while he is in the lawful discharge of his duties, when done in a rude, insolent or angry manner.
G. Whoever commits battery upon a sports official is guilty of a misdemeanor.
H. Aggravated battery upon a sports official consists of the unlawful touching or application of force to the person of a sports official with intent to injure that sports official while he is in the lawful discharge of his duties.
I. Whoever commits aggravated battery upon a sports official, inflicting an injury to the sports official that 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.
J. Whoever commits aggravated battery upon a sports official, 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: Laws 2001, ch. 92, § 1.
Cross references. — For interference with an athletic event, see 30-20-18 NMSA 1978.
Effective dates. — Laws 2001, ch. 92, § 2, makes the act effective on July 1, 2001.
Structure 2021 New Mexico Statutes
Chapter 30 - Criminal Offenses
Article 3 - Assault and Battery
Section 30-3-2 - Aggravated assault.
Section 30-3-3 - Assault with intent to commit a violent felony.
Section 30-3-5 - Aggravated battery.
Section 30-3-7 - Injury to pregnant woman.
Section 30-3-8 - Shooting at dwelling or occupied building; shooting at or from a motor vehicle.
Section 30-3-8.1 - Seizure and forfeiture of motor vehicle; procedure.
Section 30-3-8.2 - Court record of conviction; revocation of driver's license.
Section 30-3-9 - Assault; battery; school personnel.
Section 30-3-9.1 - Assault; battery; sports officials.
Section 30-3-9.2 - Assault; battery; health care personnel.
Section 30-3-10 - Short title.
Section 30-3-11 - Definitions.
Section 30-3-12 - Assault against a household member.
Section 30-3-13 - Aggravated assault against a household member.
Section 30-3-14 - Assault against a household member with intent to commit a violent felony.
Section 30-3-15 - Battery against a household member.
Section 30-3-16 - Aggravated battery against a household member.
Section 30-3-17 - Multiple convictions of battery or aggravated battery.