2. STALKING AND HARASSMENT LAW

New Mexico Statutes

The New Mexico "Harassment and Stalking Act" (the Act) appears in §§30-3A-1 to 30-3A-4. The New Mexico legislature adopted separate statutes and penalties for "harassment" and "stalking." In addition, harassing a person is also included as a particular form of stalking.

An important component of New Mexico stalking and harassment law is that the statutes deal with the actions of the perpetrator as well as their impact on the victim. This dual focus differs from a significant number of other criminal offense statutes which focus primarily, and sometimes exclusively, on the actions and intent of the perpetrator.

Harassment, §30-3A-2

Under §30-3A-2, harassment is a misdemeanor. Note, however, that the act of harassing someone can form the basis of stalking which can be either a misdemeanor or a felony. Despite the misdemeanor status of harassment, it constitutes a serious offense.

As provided in §30-3A-2, harassment consists of:

• A person (defendant) knowingly pursuing a pattern of conduct;
• The pattern of conduct is intended to annoy, seriously alarm or terrorize another person;
• The pattern of conduct serves no lawful purpose; and
• The conduct must be such that it would cause a reasonable person to suffer substantial emotional distress.

continue >