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Sentencing - Felony (Part 2)

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

Pursuant to §31-18-15 and §30-3A-3(D), the basic statutory sentence for felony stalking is as follows:

  • 18 months imprisonment, §31-18-15(A)(10);
  • In addition to the imposition of the basic sentence of imprisonment, the court may impose a fine not to exceed $5,000 dollars, §31-18-15(E)(9); and
  • In addition to any punishment imposed, the court must order the defendant to participate in and complete a program of professional counseling at his or her own expense.

In the judgment and sentence ordering imprisonment in a correctional facility, the judge must include a period of parole to be served in accordance with §31-21-10 following completion of any actual time in prison. Included with that parole time must be authority to require, as a condition of parole, payment by the defendant of the costs of parole services and reimbursement to a law enforcement agency or local crime stoppers program. §31-18-15(C).

The court has the authority to suspend or defer the basic sentence of imprisonment for felony stalking under §31-18-15(D). If that is done, a period of parole must still be served by the defendant in accordance with §31-21-10 for the fourth degree felony stalking conviction. Under §31-21-10(C), the period of parole is for 1 year and that must be served under the guidance and supervision of the state's parole board.

Under §31-18-15(F), the judge must specifically state in the judgment and sentence that the offense of felony stalking is not a "serious violent offense" as defined in §33-2-34(L)(4). Finally, the court must inform the defendant that his or her sentence of imprisonment is subject to the statutory provisions of §§33-2-34, 33-2-36, 33-2-37 and 33-2-38, which all deal with state correctional facilities.