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A MEMORIAL

REQUESTING THE NEW MEXICO SENTENCING COMMISSION TO STUDY THE

FEASIBILITY AND APPROPRIATENESS OF INCLUDING THE CRIME OF

AGGRAVATED STALKING WHEN THE VICTIM IS LESS THAN SIXTEEN YEARS

OF AGE AS A SEX OFFENSE FOR PURPOSES OF THE SEX OFFENDER

REGISTRATION AND NOTIFICATION ACT.

WHEREAS, one of the purposes of the Sex Offender

Registration and Notification Act is to assist law enforcement

agencies to protect their communities; and

WHEREAS, the Sex Offender Registration and Notification

Act recognizes that the crimes of kidnapping and false

imprisonment when the victim is a minor by a person other

than a parent of the victim, whether or not there is a sexual

motive, have a negative impact on the well-being of the minor

victim, similar to that of a sex offense; therefore, the act

requires a person convicted of kidnapping or false

imprisonment to register as a sex offender; and

WHEREAS, the crime of aggravated stalking when the

victim is less than sixteen years old can have, like the

crimes of kidnapping or false imprisonment, a negative impact

on the well-being of the minor victim, similar to that of a

sex offense; and

WHEREAS, besides having a negative impact on the victim

that is similar to that of a sex offense, the intention

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behind the crime of aggravated stalking is often the

commission of a sex offense;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF

REPRESENTATIVES OF THE STATE OF NEW MEXICO that the New

Mexico sentencing commission be requested to study the

feasibility and appropriateness of including as a sex

offense, subject to the Sex Offender Registration and

Notification Act, the crime of aggravated stalking when the

victim is less than sixteen years of age; and

BE IT FURTHER RESOLVED that the New Mexico sentencing

commission report its findings and conclusions, and proposed

legislation if appropriate, to the appropriate interim

legislative committee dealing with corrections by October 1,

2007; and

BE IT FURTHER RESOLVED that copies of this memorial be

transmitted to the New Mexico sentencing commission and to

the New Mexico legislative council.