Stalking
New Mexico Domestic Violence, Harassment, and Stalking Act
1.The Harassment and Stalking Act defines the crimes of harassment and stalking and provides criminal penalties. Generally, harassment is a pattern of conduct that is intended to annoy, alarm or terrorize someone and would cause a reasonable person to suffer substantial emotional distress. Stalking is a pattern of conduct, with specified acts, that would cause a reasonable person to feel frightened, intimidated or threatened.
2. This Act does not require that the victim be a family or household member of the perpetrator.
Harassment
1. Harassment consists of knowingly pursuing a pattern of conduct that:
a. Is intended to annoy, seriously alarm or terrorize another person;
b. Would cause a reasonable person to suffer substantial emotional distress; and
c. Serves no lawful purpose.
2. Penalty
This crime is a misdemeanor.
Stalking
1. Stalking consists of knowingly pursuing a pattern of conduct that:
a. Would cause a reasonable person to feel frightened, intimidated or threatened;
b. Is intended to:
i. place another person in reasonable apprehension of death, bodily harm, sexual assault, confinement or restraint, or
ii. cause a reasonable person to fear for his or her safety or the safety of a household member; and
c. Includes the commission of one or more of the following acts on more than one occasion:
i. following another person in a place other than the stalker's residence;
ii. placing another person under surveillance by being outside the person's residence, school, workplace, vehicle or any other place frequented by the person, other than the stalker's residence; or
iii. harassing another person.
2. Penalty
a. Stalking is a misdemeanor for a first offense, and a fourth degree felony for a subsequent offense.
b. In addition to any punishment imposed under this section, the court must order a person convicted of stalking to participate in and complete a program of professional counseling at his or her own expense.
Aggravated Stalking
1. The offense of stalking becomes aggravated when accompanied by any of four additional factors:
a. Knowingly violating a permanent or temporary order of protection issued by a court (except that mutual violations of such orders may constitute a defense);
b. Violating a court order setting conditions of release and bond;
c. Possessing a deadly weapon; or
d. When the victim is under sixteen years old.
2. Penalty
a. Aggravated stalking is a fourth degree felony for a first offense, and a third degree felony for a subsequent offense.
b. In addition to any punishment imposed under this section, the court must order a person convicted of aggravated stalking to participate in and complete a program of professional counseling at his or her own expense.
For more information on this Act go tohttp://jec.unm.edu/resources/benchbooks/magistrate/2-9-4.htm
To report stalking Contact
Family Abuse and Stalking (FAST) Albuquerque Police Domestic Violence and Stalking Response Team (505) 768-2300.
Resources: University of New Mexico
The Women's Resource Center offers crisis intervention and information referral. Check the WRC Calendar of Events for specific programs. Phone (505) 277-3716.
Campus Police/Security Escort Service If you are concerned about your safety leaving campus there are campus police security aides available. This service is provided on a first come first serve basis and waiting for campus police to arrive may be required. The area the escort service covers is: Student Family Housing, main, and south UNM campus. The caller must specify the pick-up location. Arrangements can be made with the UNM Child Care Center for the child to be ready upon the arrival of the parent. (505) 277-2241
Student Health & Counseling Phone (505) 277-3136
www.unm.edu/~shc1/
Counseling, Assistance & Referral Services (CARS) provide a confidential and accessible setting for faculty and staff to freely discuss concerns that affect their personal lives or job performance.
UNM Hospitals - Phone (505) 272-2111
hospitals.unm.edu/
Resources: National
Cyberangels is an all-volunteer organization dedicated to safety on the Internet, providing information on cyberstalking and online harassmenthttp://www.cyberangels.org/
Links are for information only. The WRC does not constitute
endorsement or accuracy of the information.
Updated May 17, 2011
