New Mexico Cease and Desist for Stalking
Description
How to fill out Cease And Desist For Stalking?
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FAQ
A. It shall be unlawful for any person, with intent to terrify, intimidate, threaten, harass, annoy or offend, to telephone another and use any obscene, lewd or profane language or suggest any lewd, criminal or lascivious act, or threaten to inflict injury or physical harm to the person or property of any person.
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. Punishment/Classification.
The State of New Mexico defines stalking as: knowingly pursuing a pattern of conduct that would cause a reasonable person to feel frightened, intimidated, or threatened. Stalker must intend to cause reasonable apprehension. Stalker must follow, surveil, or harass.
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.
The Legal Elements of Stalking In most States, to charge and convict a defendant of stalking, several elements must be proven beyond a reasonable doubt: a course of conduct or behavior, the presence of threats, and the criminal intent to cause fear in the victim.
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.
Examples of stalking behaviors include:Repeated, unwanted phone calls, texts, messages, etc. that may or may not be threatening. Creating fake profiles to continue contacting a person after they have been blocked on their personal account. Observing, following or coincidentally showing up wherever the person goes.
Fourth-Degree Felony Examples of fourth-degree felonies include larceny (theft) of property worth more than $500 but no more than $2,500, personal possession of some illegal drugs (including methamphetamine and opiates), and aggravated assault. (N.M. Stat. ? 30-3-2, 30-16-1, 30-31-23, 31-18-15 (2020).)
Willfully and intentionally assaulting another with intent to commit any felony. Whoever commits aggravated assault is guilty of a fourth degree felony.
