CRIME OF DIGITAL SABOTAGE OF A BUSINESS

HB0046

HOUSE BILL 46

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Kathleen Cates
and
John Block

AN ACT

RELATING TO CRIME; AMENDING AND ENACTING SECTIONS OF THE
COMPUTER CRIMES ACT; CREATING THE CRIME OF DIGITAL SABOTAGE OF
A BUSINESS; PROVIDING PENALTIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
Section 30-45-2 NMSA 1978 (being Laws 1989,
Chapter 215, Section 2) is amended to read:

"30-45-2. DEFINITIONS.--As used in the Computer Crimes
Act:

A. "access" means to program, execute programs on,
intercept, instruct, communicate with, store data in, retrieve
data from or otherwise make use of any computer resources,
including data or programs of a computer, computer system,
computer network or database;

B. "computer" includes an electronic, magnetic,
optical or other high-speed data processing device or system
performing logical, arithmetic or storage functions and
includes any property, data storage facility or communications
facility directly related to or operating in conjunction with
such device or system. The term does not include an automated
typewriter or typesetter or a single display machine in and of
itself, designed and used solely within itself for word
processing, or a portable hand-held calculator or any other
device [
which
]
that
might contain components similar to those
in computers but in which the components have the sole function
of controlling the device for the single purpose for which the
device is intended;

C. "computer network" means the interconnection of
communication lines and circuits with a computer or a complex
consisting of two or more interconnected computers;

D. "computer program" means a series of
instructions or statements, in a form acceptable to a computer,
[
which
]
that
permits the functioning of a computer system in a
manner designed to provide appropriate products from a computer
system;

E. "computer property" includes [
a
] financial
[
instrument
]
instruments
, data, databases, computer software,
computer programs,
domain name systems
, documents associated
with computer systems and computer programs, or copies, whether
tangible or intangible, and data while in transit;

F. "computer service" includes computer time; the
use of the computer system, computer network, computer programs
or data prepared for computer use; data contained within a
computer network; and data processing and other functions
performed, in whole or in part, by the use of computers,
computer systems, computer networks or computer software;

G. "computer software" means a set of computer
programs, procedures and associated documentation concerned
with the operation and function of a computer system;

H. "computer system" means a set of related or
interconnected computer equipment, devices and software;

I. "data" means a representation of information,
knowledge, facts, concepts or instructions [
which
]
that
are
prepared and are intended for use in a computer, computer
system or computer network;

J. "database" means any data or other information
classified, processed, transmitted, received, retrieved,
originated, switched, stored, manifested, measured, detected,
recorded, reproduced, handled or utilized by a computer,
computer system, computer network or computer software; [
and
]

K. "digital resource" means a computer, computer
system, computer network, domain name system or software
application;

L. "domain name system" means a software system
that converts a human language-based location name on a
computer network into a numerical designation in accordance
with the protocol used by the internet and other computer
networks and allows:

(1) a business to establish a human language-based term to name the business's location on the internet or
other network that uses the internet protocol; and

(2) potential customers to search that network
using human language-based terms to find the business's
location and then to transmit data sets between the business
and the potential customer; and

[
K.
]
M.
"financial instrument" includes any check,
draft, warrant, money order, note, certificate of deposit,
letter of credit, bill of exchange, credit or debit card,
transaction, authorization mechanism, marketable security or
any other computerized representation thereof."

SECTION 2.
A new section of the Computer Crimes Act,
Section 30-45-3.1 NMSA 1978, is enacted to read:

"30-45-3.1. [
NEW MATERIAL
] DIGITAL SABOTAGE OF A
BUSINESS--PENALTIES.--

A. Digital sabotage of a business consists of a
person knowingly and willfully and without authorization of a
business using or modifying a digital resource that is used by
that business to:

(1) direct a person searching for that
business on an internet protocol network to a different network
location;

(2) damage the functioning of a digital
resource or the operations of the business; or

(3) damage the reputation of the business by
providing false or misleading information.

B. A person who commits digital sabotage of a
business is guilty of:

(1) a petty misdemeanor when the damage caused
by the digital sabotage is two hundred fifty dollars ($250) or
less;

(2) a misdemeanor when the damage caused by
the digital sabotage is in an amount greater than two hundred
fifty dollars ($250) but not greater than five hundred dollars
($500);

(3) a fourth degree felony when the damage
caused by the digital sabotage is in an amount greater than
five hundred dollars ($500) but not greater than two thousand
five hundred dollars ($2,500);

(4) a fourth degree felony when the damage
caused by the digital sabotage is not greater than five hundred
dollars ($500) if within the previous ten years the person has
incurred two prior convictions pursuant to Paragraph (1) or (2)
of this subsection;

(5) a third degree felony when the damage
caused by the digital sabotage is in an amount greater than two
thousand five hundred dollars ($2,500) but not greater than
twenty thousand dollars ($20,000); and

(6) a second degree felony when the damage
caused by the digital sabotage is in an amount greater than
twenty thousand dollars ($20,000).

C. A person who commits three or more separate
offenses of digital sabotage of a business that each cause
damage of five hundred dollars ($500) or less within a ten-year
period is guilty of a fourth degree felony.

D. For the purposes of this section, "business"
includes a corporation, a partnership, an individual, a joint
venture, an association or other private legal entity."

SECTION 3.
EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2026.

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