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Harassment Statute

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

Statute, §30-3A-2, Overview

Under §30-3A-2, harassment is a misdemeanor. Note, however, that the act of harassing someone can form the basis of stalking which can be either a misdemeanor or a felony. Despite the misdemeanor status of harassment, it constitutes a serious offense.

As provided in §30-3A-2, harassment consists of:

  • A person (defendant) knowingly pursuing a pattern of conduct;
  • The pattern of conduct is intended to annoy, seriously alarm or terrorize another person;
  • The pattern of conduct serves no lawful purpose; and
  • The conduct must be such that it would cause a reasonable person to suffer substantial emotional distress.

Key Points

Considering both §30-3A-2 and UJI 14-330, some of the critical matters to keep in mind in harassment cases include:

  • Since harassment is a misdemeanor offense, the magistrate and metropolitan courts can preside over these cases, as can the district courts.
  • Harassment must include a pattern of conduct, rather than an isolated, single event.
  • The pattern of conduct must be knowingly and maliciously pursued by the defendant.