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Sentencing - Misdemeanor

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

Harassment

Under §30-3A-2(B), harassment is exclusively a misdemeanor offense. The harassment statute does not specify the possible sentencing range for conviction. Rather, §31-19-1 provides sentencing authority for misdemeanors in general, including harassment, as follows:

31-19-1. Sentencing authority[;] misdemeanors; imprisonment and fines; probation.

A. Where the defendant has been convicted of a crime constituting a misdemeanor, the judge shall sentence the person to be imprisoned in the county jail for a definite term less than one year or to the payment of a fine of not more than one thousand dollars ($1,000) or to both such imprisonment and fine in the discretion of the judge.

B. Where the defendant has been convicted of a crime constituting a petty misdemeanor, the judge shall sentence the person to be imprisoned in the county jail for a definite term not to exceed six months or to the payment of a fine of not more than five hundred dollars ($500) or to both such imprisonment and fine in the discretion of the judge.

C. When the court has deferred or suspended sentence, it shall order the defendant placed on supervised or unsupervised probation for all or some portion of the period of deferment or suspension.

Pursuant to §31-19-1(A), the possible statutory sentence for harassment is:

  • Imprisonment in the county jail for a definite term of less than 1 year; or
  • Payment of a fine of not more than $1,000 dollars; or
  • Both jail time and a fine.

The court may either defer or suspend these sentences. If that is done, the judge must order that the defendant be placed on either supervised or unsupervised probation for all or some portion of the specified term of deferment or suspension. §31-19-1(C).

Stalking

Under §30-3A-3(C), a first conviction for stalking is a misdemeanor offense. The stalking statute does not specify the possible sentencing range for conviction. Rather, §31-19-1 provides sentencing authority for misdemeanors in general, including stalking.

Pursuant to §31-19-1(A) and §30-3A-3(D), the possible statutory sentence for misdemeanor stalking is:

  • Imprisonment in the county jail for a definite term of less than 1 year, or;
  • Payment of a fine of not more than $1,000 dollars, or;
  • Both jail time and a fine; 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.

The court may either defer or suspend these sentences. If that is done, the judge shall order that defendant be placed on either supervised or unsupervised probation for all or some portion of the specified term of deferment or suspension. §31-19-1(C).

 
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