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)
- 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.
- 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.
- 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 program of professional counseling at his own
expense.
N.M. Stat. Ann. §
30-3A-3.1. Aggravated stalking; penalties. (1997)
- 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.
- 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-2. Harassment; penalties. (2009)
- 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.
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."
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.