HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR
HOUSE BILL 496
46th legislature - STATE OF NEW MEXICO - second session, 2004
AN ACT
RELATING TO CRIMINAL LAW; AMENDING ELEMENTS OF THE CRIMES OF HARASSMENT AND STALKING; PROVIDING PENALTIES; AMENDING AND ENACTING SECTIONS OF THE HARASSMENT AND STALKING ACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 30-3A-1 NMSA 1978 (being Laws 1997, Chapter 10, Section 1) is amended to read:
"30-3A-1. SHORT TITLE.--[Sections 1 through 5 of this act] Chapter 30, Article 3A NMSA 1978 may be cited as the "Harassment and Stalking Act"."
Section 2. Section 30-3A-2 NMSA 1978 (being Laws 1997, Chapter 10, Section 2) is amended to read:
"30-3A-2. HARASSMENT--[PENALTIES] PENALTY.--
A. Harassment consists of a person knowingly pursuing a pattern of conduct:
(1) 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; or
(2) with an electronic communication device that is intended to 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.
B. Whoever commits harassment is guilty of a misdemeanor."
Section 3. Section 30-3A-3 NMSA 1978 (being Laws 1997, Chapter 10, Section 3) is amended to read:
"30-3A-3. STALKING--PENALTIES.--
A. Stalking consists of a person knowingly pursuing a pattern of conduct that would cause a reasonable person to feel frightened, intimidated or threatened. The alleged stalker must [intend to place another] intentionally act in a way that would place a reasonable person in reasonable apprehension of death, bodily harm, sexual assault, confinement or restraint or the alleged stalker must [intend to] intentionally act in a way that would cause a reasonable person to fear for his safety or the safety of a household member. In furtherance of the stalking, the alleged stalker must commit one or more of the following acts on more than one occasion:
(1) following another person, in a place other than the residence of the alleged stalker;
(2) placing another person under surveillance:
(a) by being present outside that person's residence, school, workplace or motor vehicle or any other place frequented by that person, other than the residence of the alleged stalker; or
(b) in a remote manner by means of an electronic communication device;
(3) harassing another person; or
(4) using any combination of written communication, verbal communication or an electronic communication device to publish, display or distribute information in a manner that would substantially increase the risk of harm or violence to the victim of stalking by a third party.
[B. As used in this section, "household member" means a spouse, former spouse, family member, including a relative, parent, present or former step-parent, present or former in-law, child or co-parent of a child, or a person with whom the victim has had a continuing personal relationship. Cohabitation is not necessary to be deemed a household member for the purposes of this section.
C.] B. Whoever commits stalking is guilty of a misdemeanor. Upon a second or subsequent conviction, the offender is guilty of a fourth degree felony.
[D.] C. In addition to any punishment provided pursuant to the provisions of this section, the court shall order a person convicted of stalking to participate in and complete a program of professional counseling at his own expense."
Section 4. A new section of the Harassment and Stalking Act is enacted to read:
"[NEW MATERIAL] DEFINITIONS.--As used in the Harassment and Stalking Act:
A. "electronic communication device" includes a computer, video recorder, digital camera, fax machine, pager, audio equipment or any device that can produce an electronically generated image, message or signal; and
B. "household member" means a spouse, former spouse, family member, including a relative, parent, present or former stepparent, present or former in-law, child or co-parent of a child, or a person with whom the victim has had a continuing personal relationship. Cohabitation is not necessary to be deemed a household member for the purposes of the Harassment and Stalking Act."
Section 5. A new section of the Harassment and Stalking Act is enacted to read:
"[NEW MATERIAL] LOCATION OF AN OFFENSE.--When a person commits harassment or stalking by using an electronic communication device, the offense may be deemed to have been committed either at the place where the electronic communication was originated or at the place where the electronic communication was received."
Section 6. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2004.
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