2006 New Mexico Statutes - Section 30-3A-3.1 — Aggravated stalking; penalties.
30-3A-3.1. Aggravated stalking; penalties.
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.
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