Welcome to the Stalking Resource Center

The mission of the Stalking Resource Center is to enhance the ability of professionals, organizations, and systems to effectively respond to stalking.

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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