HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR

HOUSE BILL 287

57th legislature - STATE OF NEW MEXICO - first session, 2025

 

 

 

 

 

 

 

AN ACT

RELATING TO CRIME; AMENDING THE CRIME OF THE USE OF A TELEPHONE TO TERRIFY, INTIMIDATE, THREATEN, HARASS, ANNOY OR OFFEND TO INCLUDE ELECTRONIC COMMUNICATION.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 30-20-12 NMSA 1978 (being Laws 1967, Chapter 120, Section 2) is amended to read:

     "30-20-12. USE OF [TELEPHONE] ELECTRONIC COMMUNICATION TO TERRIFY, INTIMIDATE, THREATEN, HARASS, ANNOY OR OFFEND--PENALTY.--

          A. It [shall be] is unlawful for any person, with intent to terrify, intimidate, threaten, harass, annoy or offend, to [telephone] contact another by electronic communication and use any obscene, lewd or profane language or suggest any lewd, criminal or lascivious act or threaten to inflict injury or physical harm to the person or property of any person. It [shall] is also [be] unlawful for [any] a person to attempt by [telephone] use of electronic communication to extort money or other thing of value from any other person, or to otherwise disturb by repeated anonymous [telephone calls] electronic communication the peace, quiet or right of privacy of any other person at the place where the [telephone call or calls were] electronic communication was received, or to maliciously make [a telephone call] an electronic communication, whether or not conversation ensues, with intent to annoy or disturb another, or to disrupt the telecommunications of another.

          B. The use of obscene, lewd or profane language or the making of a threat or statement as set forth in Subsection A of this section shall be prima facie evidence of intent to terrify, intimidate, threaten, harass, annoy or offend.

          C. Any offense committed by use of [a telephone] an electronic communication as set forth in this section shall be deemed to have been committed at either the place where the [telephone call or calls] electronic communication originated or at the place where the [telephone call or calls were] electronic communication was received.

          D. [Whosoever] Whoever violates this section is guilty of a misdemeanor, unless such person has previously been convicted of such offense or of an offense under the laws of another state or of the United States [which] that would have been an offense under this section if committed in this state, in which case such person is guilty of a fourth degree felony.

          E. As used in this section:

                (1) "electronic communication" means:

                     (a) a wire line, cable, wireless or cellular telephone call;

                     (b) a social media post;

                     (c) a text message; or

                     (d) an instant message or electronic mail; and

                (2) "social media" means a website or internet medium that:

                     (a) permits a person to become a registered user, establish an account or create a profile for the purpose of allowing the person to create, share or view user-generated content through users' accounts or profiles;

                     (b) enables one or more than one user to generate content that can be viewed by other users of the medium; and

                     (c) primarily serves as a medium for users to interact with content generated by other users of the medium."

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