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§ 30-3A-3.1 NMSA 1978

Aggravated stalking; penalties

Known as the Harassment and Stalking Act

The act spans §§ 30–30 (5 sections).

Applied in 1 court decision — leading case 312 F. App'x 122 - United States v. Tenorio (2009)

Most recently applied in 312 F. App'x 122 - United States v. Tenorio (February 2009)

Laws 1997, ch. 10, § 4.

A. Aggravated stalking consists of stalking perpetrated by a person:

(1) who knowingly violates a permanent or temporary order of protection issued by a court, except that mutual violations of such orders may constitute a defense to aggravated stalking;

(2) in violation of a court order setting conditions of release and bond;

(3) when the person is in possession of a deadly weapon; or

(4) when the victim is less than sixteen years of age.

B. Whoever commits aggravated stalking is guilty of a fourth degree felony. Upon a second or subsequent conviction, the offender is guilty of a third degree felony.

C. In addition to any punishment provided pursuant to the provisions of this section, the court shall order a person convicted of aggravated stalking to participate in and complete a program of professional counseling at his own expense.

Official source: NMOneSource (New Mexico Compilation Commission). Reproduced from public-domain New Mexico statutes; confirm against the official source for the current text. Not legal advice.