SENATE BILL 149

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Antonio Maestas and Joshua N. Hernandez

 

 

 

 

 

AN ACT

RELATING TO CRIME; CREATING THE CRIME OF CYBERBULLYING; PROVIDING PENALTIES.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of Chapter 30, Article 6 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] CYBERBULLYING--PENALTIES.--

          A. Cyberbullying consists of a person communicating directly or indirectly, in writing or electronically, with a public school or private school student with reckless disregard that the communication may have the effect of:

                (1) placing the student in reasonable fear of physical harm;

                (2) causing a substantially detrimental effect on the student's physical or mental health;

                (3) substantially interfering with the student's academic performance; or

                (4) substantially interfering with the student's ability to participate in or benefit from the services, activities or privileges provided by a school.

          B. Whoever commits cyberbullying is guilty of a misdemeanor.

          C. Whoever commits cyberbullying when the cyberbullying results in physical harm or great psychological harm is guilty of a fourth degree felony.

          D. Whoever commits cyberbullying when the cyberbullying results in great physical harm is guilty of a third degree felony.

          E. Whoever commits cyberbullying when the cyberbullying results in death is guilty of a second degree felony.

          F. As used in this section:

                (1) "great physical harm" means physical harm of a type that causes physical loss of a bodily member or organ or functional loss of a bodily member or organ for a prolonged period of time;

                (2) "great psychological harm" means psychological harm that causes mental or emotional incapacitation for a prolonged period of time or that causes extreme behavioral change or severe physical symptoms that require psychological or psychiatric care;

                (3) "physical harm" means an injury to the body that causes substantial pain or incapacitation; and

                (4) "student" means any resident of New Mexico who is enrolled in a public or private school as defined in Subsection K or L of Section 22-1-2 NMSA 1978."

- 3 -