HB 333

                                1  HOUSE BILL 333
                                2     57TH LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 2026
                                3  INTRODUCED BY
                                4  Yanira Gurrola and Pamelya Herndon
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                                10  AN ACT
                                11   RELATING TO TORTS; PROVIDING THAT A PREVAILING DEFENDANT IN AN
                                12   ACTION FOR LIBEL, SLANDER, INVASION OF PRIVACY OR OTHER CERTAIN
                                13   TORTS MAY RECOVER DAMAGES, TREBLE DAMAGES, ATTORNEY FEES AND
                                14   COSTS FROM THE PLAINTIFF IF THE ACTION WAS BASED ON A STATEMENT
                                15   THAT IS MADE WITHOUT MALICE, FACTUALLY TRUE AND REGARDING AN
                                16   INCIDENT OF SEXUAL ASSAULT, SEXUAL HARASSMENT OR UNLAWFUL
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                                17   DISCRIMINATORY PRACTICE EXPERIENCED BY THE PREVAILING
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                                18   DEFENDANT; MAKING CONFORMING AMENDMENTS.
                                19
                                20   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
                                21        SECTION 1.     Section 41-7-1 NMSA 1978 (being Laws 1955,
                                22   Chapter 50, Section 1) is amended to read:
                                23        "41-7-1.     LIMITATION OF TORT ACTIONS FOR LIBEL, SLANDER OR
                                24   INVASION OF PRIVACY--DAMAGES RECOVERABLE.--
                                25  A.   No person shall have more than one cause of
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                                1    action for damages for libel, [or] slander, [or] invasion of
                                2    privacy or any other tort founded upon any single publication,
                                3    [or] exhibition or utterance, such as any one edition of a
                                4    newspaper, [or] book or magazine or any one presentation to an
                                5    audience, [or] any one broadcast over radio or television or
                                6    any one exhibition of a motion picture.       Recovery in any action
                                7    shall include all damages for any such tort suffered by the
                                8    plaintiff in all jurisdictions.
                                9  B.   A prevailing defendant in an action for libel,
                                10   slander, invasion of privacy or other tort based on a single
                                11   publication, exhibition or utterance may recover damages,
                                12   treble damages and reasonable attorney fees and costs from the
                                13   plaintiff if the action was based on a publication, exhibition
                                14   or utterance by the prevailing defendant that is:
                                15  (1)   made without malice;
                                16  (2)   factually true; and
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                                17  (3)   regarding an incident of sexual assault,
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                                18   sexual harassment or unlawful discriminatory practice as
                                19   provided in Section 28-1-7 NMSA 1978 that was experienced by
                                20   the prevailing defendant."
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