This guide provides an overview of the law of stalking. Topics covered include civil compared to criminal offenses, protective orders, cyberstalking, and links to other resources.
New Mexico USLegal Guide to Stalking
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(a) Any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family is guilty of the crime of stalking, ...
California Penal Code 646.9 PC makes it a crime to follow, harass, or threaten someone to the point they fear for their safety. In a domestic violence case, the criminal offense of stalking is a serious issue. California has some of the toughest and most comprehensive laws in the United States.
A defendant convicted of a fourth-degree felony in New Mexico generally faces up to 18 months in prison and a $5,000 fine. The maximum prison sentence is 10 years if the crime involved sexual exploitation of a child.
Section 30-3A-2 - Harassment; penalties. 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.
Stalking Laws in new Mexico Stalker must intend to cause reasonable apprehension. Stalker must follow, surveil, or harass. Aggravated stalking: stalking when it violates a restraining order, while possessing a deadly weapon, or when the victim is less than 16 yrs. old.
Stalking Intent In most states, the defendant must commit the criminal act willfully or maliciously (Cal. Penal Code § 646.9, 2011). This indicates a specific intent or purposeful conduct. However, in states that require the victim to experience harm, a different criminal intent could support the harm offense element.
Section 30-3-13 - Aggravated assault against a household member. (2) willfully and intentionally assaulting a household member with intent to commit any felony. B. Whoever commits aggravated assault against a household member is guilty of a fourth degree felony.
Under §30-3A-3.1(B), a first conviction for aggravated stalking is a fourth degree felony, and a second or subsequent aggravated stalking conviction is a third degree felony. The stalking statute does not specify what the possible sentencing range is for conviction.
