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in
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SPONSOR |
HJC |
DATE TYPED |
|
HB |
496/ HJCS |
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|
SHORT
TITLE |
Create Crime of Incitement to Commit Stalking |
SB |
|
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|
|
ANALYST |
Koplik |
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APPROPRIATION
|
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
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|
FY04 |
FY05 |
FY04 |
FY05 |
||
|
|
|
|
Minimal |
|
|
|
|
|
|
|
|
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(Parenthesis
( ) Indicate Expenditure Decreases)
LFC Files
Responses
Received From
Administrative
Office of the Courts
Public
Defender Department
SUMMARY
Synopsis of Bill
The
proposed legislation amends §30-3A-1 NMSA 1978, known as the Harassment and
Stalking Act. The bill is outlined as follows:
Section
2 - Harassment
Penalty. The definition of harassment is
changed to stipulate that it applies to the actions of a person. Harassment through the use of an electronic
communication device is added to the statute.
The bill retains the current definition of harassment, while adding a new
type of conduct. A person who knowingly
pursues a pattern of behavior with an electronic communication device that is
intended to seriously alarm or terrorize another person and that serves no
lawful purpose may be charged with harassment based on this bill. This conduct must cause a reasonable person
to suffer substantial emotional distress.
Section
3 –
Stalking Penalties. This section changes the definition of stalking. Currently, the alleged stalker must “intend
to place another” person in reasonable apprehension of death, bodily harm,
sexual assault, confinement or restraint.
The bill changes the language stipulating that the alleged stalker must
“intentionally act in a way that would place a reasonable” person in apprehension
of the above dangers. It adds
surveillance in a remote manner by means of an electronic communication device
(§30-3A-3A 2(b)) as another method of stalking, and then further defines
methods of stalking as any combination of written, verbal, or electronic
communication.
Section
3 states that the publishing, display or distribution of information “that
would increase the risk of harm or violence to the victim of stalking by a
third party” is a misdemeanor offense, and anyone convicted of stalking shall
participate in a program of profession counseling.
Section
4 –
Definitions. An electronic communication
device is defined as a computer, video recorder, digital camera, fax machine,
pager, audio equipment, or any device that can produce an electronically
generated image, message or signal. The
definition of a household member is moved to this new section.
Section
5 - Location
of Offense. This new section addresses
the locality of electronic stalking. It allows
harassment or stalking to be deemed to have been committed either at the place
where the electronic communication originated or where it was received.
Significant Issues
The proposed legislation creates a new form of harassment and stalking, through the
use of electronic communication.
FISCAL IMPLICATIONS
While some costs may increase, most fiscal impact would be
proportional to the enforcement of this law and commenced prosecutions. The estimated number of new cases is unknown.
TECHNICAL
ISSUES
The
definition of harassment varies between §30-3A-2A (1) and (2). The word “annoy” is deleted in the second
definition of harassment. Otherwise the
two paragraphs are in accordance with each other.
SK/dm