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.169124.1
HOUSE MEMORIAL 71
48
TH LEGISLATURE
- STATE OF NEW MEXICO -
FIRST SESSION
, 2007
INTRODUCED BY
Jimmie C. Hall
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
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.169124.1
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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 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
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.169124.1
New Mexico legislative council.
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