2021 New Mexico Statutes
Chapter 30 - Criminal Offenses
Article 3A - Harassment and Stalking
Section 30-3A-2 - Harassment; penalties.
A. Harassment consists of knowingly pursuing a pattern of conduct that is intended to annoy, seriously alarm or terrorize another person and that serves no lawful purpose. The conduct must be such that it would cause a reasonable person to suffer substantial emotional distress.
B. Whoever commits harassment is guilty of a misdemeanor.
History: 1978 Comp., § 30-3A-2, enacted by Laws 1997, ch. 10, § 2.
ANNOTATIONSRepeals and reenactments. — Laws 1997, ch. 10, § 7, repealed 30-3A-2 NMSA 1978, as enacted by Laws 1993, ch. 86, § 2, and Laws 1997, ch. 10, § 2, enacted a new section, effective July 1, 1997.
Constitutionality. — This section, as applied to defendant who repeatedly trespassed on victim's property, looked in her windows, and followed her both on and off her property, was not unconstitutionally vague; a person of ordinary intelligence would have known that such behavior was unlawful and would inflict substantial emotional distress upon the victim. State v. Duran, 1998-NMCA-153, 126 N.M. 60, 966 P.2d 768, cert. denied, 126 N.M. 533, 972 P.2d 352, overruled on other grounds, State v. Laguna, 1999-NMCA-152, 128 N.M. 345, 992 P.2d 896, cert. denied, 128 N.M. 149, 990 P.2d 823.
Double jeopardy. — When the defendant had been convicted of contempt, a misdemeanor, for violating a domestic violence protective order and sentenced to jail time, double jeopardy did not bar prosecution of the defendant for the offenses of stalking and harassment stemming from the same conduct that gave rise to the contempt adjudication. State v. Gonzales, 1997-NMCA-039, 123 N.M. 337, 940 P.2d 185, cert. denied, 123 N.M. 229, 938 P.2d 204.
Where the state relies on identical acts of an accused involving the same course of conduct to prove both the offenses of harassment and of stalking, double jeopardy provisions preclude multiple punishment, and the offense of harassment is subsumed into the offense of misdemeanor stalking. State v. Duran, 1998-NMCA-153, 126 N.M. 60, 966 P.2d 768, cert. denied, 126 N.M. 533, 972 P.2d 352, overruled on other grounds, State v. Laguna, 1999-NMCA-152, 128 N.M. 345, 992 P.2d 896, cert. denied, 128 N.M. 149, 990 P.2d 823.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Construction and application of § 2A6.1 of United States Sentencing Guidelines (USSG § 2A6.1), pertaining to sentence to be imposed for making threatening communications, 148 A.L.R. Fed. 501.
