1. A. Making a bomb scare consists of intentionally and maliciously stating to another person that a bomb or other explosive has been placed in such a position that property or persons are likely to be injured or destroyed.

2. B. Making a shooting threat consists of intentionally and maliciously communicating to another person a serious expression of an intent to bring a firearm to a property or use the firearm and an intent to:

   1. (1) place a person or group of persons in fear of great bodily harm, and a person or group of persons was placed in fear of great bodily harm;
   2. (2) prevent or interrupt the occupation or use of a public building, and the occupation or use of a public building was prevented or interrupted; or
   3. (3) cause a response to the threat by a law enforcement official or volunteer agency organized to deal with emergencies, and the threat caused a response by a law enforcement official or volunteer agency organized to deal with emergencies.
3. C. Whoever commits making a bomb scare is guilty of a fourth degree felony.
4. D. Whoever commits making a shooting threat is guilty of a fourth degree felony.
5. E. A court may order a person convicted for the offense of making a bomb scare or shooting threat to reimburse the victim of the offense for economic harm caused by that offense.

6. F. As used in this section, "economic harm" means all direct, incidental and consequential financial harm suffered by a victim of the offense of making a bomb scare or shooting threat. "Economic harm" includes:

   1. (1) wages, salaries or other compensation lost as a result of the commission of the offense of making a bomb scare or shooting threat;
   2. (2) the cost of all wages, salaries or other compensation paid to employees for time that those employees are prevented from working as a result of the commission of the offense of making a bomb scare or shooting threat; and
   3. (3) overhead costs incurred for the period of time that a business is shut down as a result of the commission of the offense of making a bomb scare or shooting threat.

History: 1953 Comp., § 40A-20-13, enacted by Laws 1975, ch. 285, § 1; 1981, ch. 15, § 1; 2003, ch. 35, § 1; 2022, ch. 56, § 24; 2025, ch. 4, § 16.

ANNOTATIONS

The 2025 amendment, effective June 20, 2025, increased the penalty for making a shooting threat, and clarified certain language in the statute; in Subsection A, after "consists of", deleted "falsely" and added "intentionally"; in Subsection B, in the introductory clause, after "consists of intentionally", added "and maliciously", and after "another person", added "a serious expression", in Paragraph B(1), after "great bodily harm", added "and a person or group of persons was placed in fear of great bodily harm", in Paragraph B(2), after "public building", added "and the occupation or use of a public building was prevented or interrupted", and in Paragraph B(3), after "emergencies", added "and the threat caused a response by a law enforcement official or volunteer agency organized to deal with emergencies"; and in Subsection D, after "guilty of a", deleted "misdemeanor" and added "fourth degree felony".

The 2022 amendment, effective May 18, 2022, made making a shooting threat unlawful, and provided a penalty; in the section heading, added "and shooting threats"; added a new Subsection B and redesignated former Subsection B as Subsection C; added a new Subsection D and redesignated former Subsection C and D as Subsections E and F, respectively; in Subsections E and F, after each occurrence of "bomb scare", added "or shooting threat"; and deleted former Subsection E.

The 2003 amendment, effective July 1, 2003, designated the former first and second paragraphs as Subsections A and B; added Subsections C, D and E; and substituted "commits making" for "makes" following "Whoever" at the beginning of Subsection B.

Restitution. — Although the trial court may request that an inquiry into defendant's ability to pay be made by a probation officer, it is mandatory that the actual determination of defendant's ability to pay be made by the court. Trial court may not delegate to probation officer determination of defendant's ability to pay obligations imposed by court. Amount of restitution and time of payment must be set by court and not be left to discretion of probation authorities. State v. Carrasco, 1997-NMCA-123, 124 N.M. 320, 950 P.2d 293

Am. Jur. 2d, A.L.R. and C.J.S. references. — Validity and construction of terroristic threat statutes, 45 A.L.R.4th 949.

Imposition of state or local penalties for threatening to use explosive devices at schools or other buildings, 79 A.L.R.5th 1.

Validity, construction, and application of 18 U.S.C.A. § 844(e), prohibiting use of mail, telephone, telegraph, or other instrument of commerce to convey bomb threat, 160 A.L.R. Fed. 625.