SENATE BILL 166

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Peter Wirth and Bill B. O'Neill

AN ACT

RELATING TO CRIMINAL LAW; REVISING THE CRIME OF STALKING; ADDING A DEFINITION; AMENDING A SECTION OF THE CRIMINAL CODE.

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-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] without lawful authority, directed at a specific individual when the person knows or should know that the pattern of conduct would cause a reasonable person [to feel frightened, intimidated or threatened. The alleged stalker must intend to place another person in reasonable apprehension of death, bodily harm, sexual assault, confinement or restraint or the alleged stalker must intend to cause a reasonable person] to fear for [his] personal 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 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

                (3) harassing another person.]

          B. As used in this section:

                (1) "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 this section; and

                (2) "pattern of conduct" means two or more acts in which the alleged stalker by any action, method, device or means, directly, indirectly or through third parties, follows, monitors, observes, surveils, threatens or communicates to or about a person or interferes with a person's property.

          C. In a prosecution pursuant to this section, it is not a defense that the accused:

                (1) was not given actual notice that the pattern of conduct was unwanted; or

                (2) did not intend to cause the victim fear or other emotional distress.

          [C.] D. Whoever commits stalking is guilty of a misdemeanor. Upon a second or subsequent conviction, the offender is guilty of a fourth degree felony.

          [D.] E. 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] domestic violence offender treatment or intervention program."

     Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2009.

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