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New Mexico
Stalking
This page lists the most applicable state crimes
addressing stalking. However, depending on the facts of the case, a stalker
might also be charged with other crimes, such as trespassing, intimidation of
a witness, breaking and entering, etc. Check your state code or consult with
your local prosecutor about other charges that might apply in a particular
case.
Harassment
Related Offenses
Analyzing Stalking
Laws
N.M.
Stat. Ann. § 30-3A-4. Exceptions. (2008)
The provisions of the
[Harassment and] Stalking
Act [30-3A-1
NMSA 1978] do not apply to:
A.
picketing or public
demonstrations that are lawful or that arise out of a bona fide labor dispute;
or
B.
a
peace officer in the performance of his duties.
Stalking
N.M. Stat. Ann. § 30-3A-3.1.
Aggravated stalking;
penalties. (1997)
- Aggravated stalking
consists of stalking
perpetrated by a person:
(a)
who knowingly violates a
permanent or temporary order of protection issued by a court, except that
mutual violations of such orders may constitute a defense to aggravated stalking;
(b) in violation of a court order
setting conditions of release and bond;
(c) when the person is in possession
of a deadly weapon; or
(d) when the victim is less than
sixteen years of age.
- Whoever commits aggravated
stalking
is guilty of a fourth degree felony. Upon a second or subsequent conviction,
the offender is guilty of a third degree felony.
- In addition to any punishment
provided pursuant to the provisions of this section, the court shall order a
person convicted of aggravated stalking
to participate in and complete a program of professional counseling at his
own expense.
N.M. Stat. Ann. §
30-3A-3. Stalking; penalties.
(2009)
- Stalking consists of knowingly
pursuing a pattern of conduct, without lawful authority, directed at a
specific individual when the person intends that the pattern of conduct
would cause a reasonable person to fear for person safety or the safety of a
household member.
- As used in this
section:
(1)
"household member" means a
spouse, former spouse, family member, including a relative, parent, present or
former stepparent, present or former in-law, child or co-parent of a child, or
a person with home the victim has had a continuing personal relationship.
Cohabitation is not necessary to be deemed a household member for the purposes
of this section; and
(2)
"pattern of conduct" means two
or more acts in which the alleged stalker by any action, method, device or
mean, directly, indirectly or through third parties, follows, monitors,
observes, suveils, threatens or communicates to or about a person or
interferes with a person's property.
- In a prosecution pursuant to
this section, it is not a defense that the
accused:
(1)
was
not given actual notice that the pattern of conduct was unwanted;
or
(2)
did
not intend to cause the victim fear or other emotional
distress.
- Whoever commits stalking
is guilty of a misdemeanor. Upon a second or subsequent conviction, the
offender is guilty of a fourth degree felony.
- In addition to any punishment
provided pursuant to the provisions of this section, the court shall order a
person convicted of stalking to participate in and complete a domestic
violence offender treatment or intervention
program."
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Harassment
N.M. Stat. Ann. § 30-3A-2.
Harassment; penalties. (1997)
- Harassment consists of
knowingly pursuing a pattern of conduct that is intended to annoy, seriously
alarm or terrorize another person and that serves no lawful purpose. The
conduct must be such that it would cause a reasonable person to suffer
substantial emotional distress.
- Whoever commits harassment is
guilty of a misdemeanor.
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Related Offenses
N.M. Stat. Ann. § 30-9-20.
Voyeurism prohibited; penalties. (2007)
A.
Voyeurism consists of
intentionally using the unaided eye to view or intentionally using an
instrumentality to view, photograph, videotape, film, webcast or record the
intimate areas of another person without the knowledge and consent of that
person:
(1)
while
the person is in the interior of a bedroom, bathroom, changing room, fitting
room, dressing room or tanning booth or the interior of any other area in
which the person has a reasonable expectation of privacy;
or
(2)
under
circumstances where the person has a reasonable expectation of privacy,
whether in a public or private place.
B.
Whoever commits voyeurism is
guilty of a misdemeanor, except if the victim is less than eighteen years of
age, the offender is guilty of a fourth degree
felony.
C.
As
used in this section:
(1)
"intimate areas" means the
primary genital area, groin, buttocks, anus or breasts or the undergarments
that cover those areas; and
(2)
"instrumentality" means a
periscope, telescope, binoculars, camcorder, computer, motion picture camera,
digital camera, telephone camera, photographic camera or electronic device of
any type.
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