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You are here: home stalking laws Criminal Stalking Laws by State New Mexico



 

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New Mexico

 


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.

N.M. Stat. Ann. § 30-3A-3. Stalking; penalties. (1997)

  1. Stalking consists of a person knowingly pursuing a pattern of conduct that would cause a reasonable person to feel frightened, intimidated or threatened. The alleged stalker must intend to place another person in reasonable apprehension of death, bodily harm, sexual assault, confinement or restraint or the alleged stalker must intend to cause a reasonable person to fear for his safety or the safety of a household member. In furtherance of the stalking, the alleged stalker must commit one or more of the following acts on more than one occasion:

(1)  following another person, in a place other than the residence of the alleged stalker;

(2)  placing another person under surveillance by being present outside that person's residence, school, workplace or motor vehicle or any other place frequented by that person, other than the residence of the alleged stalker; or

(3)  harassing another person.

  1. As used in this section, "household member" means a spouse, former spouse, family member, including a relative, parent, present or former step-parent, present or former in-law, child or co-parent of a child, or a person with whom the victim has had a continuing personal relationship. Cohabitation is not necessary to be deemed a household member for the purposes of this section.
  2. Whoever commits stalking is guilty of a misdemeanor. Upon a second or subsequent conviction, the offender is guilty of a fourth degree felony.
  3. 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 program of professional counseling at his own expense. 

N.M. Stat. Ann. § 30-3A-3.1. Aggravated stalking; penalties. (1997)

  1. Aggravated stalking consists of stalking perpetrated by a person:

(1)  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;

(2)  in violation of a court order setting conditions of release and bond;

(3)  when the person is in possession of a deadly weapon; or

(4)  when the victim is less than sixteen years of age.

  1. 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.
  2. 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-2. Harassment; penalties. (2009)

  1. 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.
  2. Whoever commits harassment is guilty of a misdemeanor.

N.M. Stat. Ann. § 30-3A-3. Stalking; penalties. (2009)

  1. 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.
  2. 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.

  1. 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.

  1. Whoever commits stalking is guilty of a misdemeanor. Upon a second or subsequent conviction, the offender is guilty of a fourth degree felony.
  2. 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."

N.M. Stat. Ann. § 30-3A-4. Exceptions. (1997)

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.


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For Victim Assistance, please call the National Center for Victims of Crime Helpline at
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This project was supported by Grant Nos. 2008-TA-AX-K017 and 2004-WT-K050 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this program are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.

For more information on the U.S. Department of Justice Office on Violence Against Women visit http://www.ovw.usdoj.gov.

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