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Aggravated Stalking Statute

Tutorial on the crimes of stalking and harassment for New Mexico judges

Statute, §30-3A-3.1, Overview

Unlike harassment and stalking, aggravated stalking is a felony level offense only. The district courts, therefore, have exclusive jurisdiction to preside over these cases. Basically, aggravated stalking is stalking which is conducted in specific ways. As provided in §30-3A-3.1, aggravated stalking consists of stalking perpetrated as follows:

  • The defendant knowingly violates a permanent or temporary order of protection (except that mutual violations may constitute a defense);
  • The defendant acts in violation of a court order setting conditions of release and bond;
  • The defendant is in possession of a deadly weapon; or
  • The victim of the stalking is less than 16 years old.

Key Points

Reading §30-3A-3.1 and UJI 14-333 together, some critical things to keep in mind in aggravated stalking cases include:

  • Aggravated stalking, like harassment and stalking, must be a knowingly pursued pattern of conduct, not a single, isolated incident.
  • The stalking must involve at least one of the following factual situations to be considered aggravated stalking:
    • Knowingly violating an order of protection, or
    • Engaging in conduct which is in violation of a court's order regarding conditions of release and bond, or
    • Possessing a deadly weapon while stalking, or
    • Stalking a victim who is less 16 years of age.
  • The aggravated stalking must have the same impact on the victim as provided in the stalking statute, §30-3A-3.
  • Under §30-3A-3.1(A)(1), if the parties to an order of protection engage in conduct which constitutes mutual violations of the order, such mutual violations may constitute a defense to a charge of aggravated stalking.
  • In the UJI 14-333 language based on possession of a deadly weapon, the first alternative phrase is used only if the deadly weapon is specifically listed in §30-1-12(B), but if the object used is not listed in §30-1-12(B) as a weapon, the second alternative phrase is used. State v. Anderson, 2001-NMCA-027.