New Mexico

Stalking

• 30-3A-3.1. Aggravated stalking; penalties
• 30-3A-3. Stalking; penalties

Harassment

• 30-3A-2. Harassment; penalties

Related Offenses

• 30-9-20. Voyeurism prohibited; penalties

Analyzing Stalking Laws

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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.

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Stalking

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

1. 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.

2. 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.
3. 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)

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.

3. 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.

4. Whoever commits stalking is guilty of a misdemeanor. Upon a second or subsequent conviction, the offender is guilty of a fourth degree felony.
5. 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)

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.  

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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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