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.
Stalking
Harassment
Related Offenses
Analyzing Stalking
Laws
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.
Stalking
N.M. Stat. Ann. § 30-3A-3.1.
Aggravated stalking; penalties. (1997)
A. 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.
B. 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.
C. 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)
A. 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 place the individual in reasonable apprehension of death, bodily harm,
sexual assault, confinement or restraint of the individual or another
individual.
B. As used in this
section:
(1) "lawful authority" means within
the scope of lawful employment or constitutionally protected activity;
and
(2) "pattern
of conduct" means two or more acts, on more than one occasion, in which the
alleged stalker by any action, method, device or means, directly, indirectly
or through third parties, follows, monitors, surveils, threatens or
communicates to or about a person.
C. Whoever commits stalking is
guilty of a misdemeanor. Upon a second or subsequent conviction, the
offender is guilty of a fourth degree felony.
D. 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 the person's own expense or a domestic violence
offender treatment or intervention program.
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Harassment
N.M. Stat.Ann. § 30-3A-2.
Harassment; penalties. (1997)
A. 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.
B. 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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