§30-3A-3 and UJI 14-331 & 14-332

§30-3A-3, "Stalking; penalties," provides that:

"A. Stalking consists of a person knowingly pursuing a pattern of conduct that would cause a reasonable person to feel frightened, intimidated or threatened. The alleged stalker must intend to place another person in reasonable apprehension of death, bodily harm, sexual assault, confinement or restraint or the alleged stalker must intend to cause a reasonable person to fear for his safety or the safety of a household member. In furtherance of the stalking, the alleged stalker must commit one or more of the following acts on more than one occasion:

(1) following another person, in a place other than the residence of the alleged stalker;

(2) placing another person under surveillance by being present outside that person's residence, school, workplace or motor vehicle or any other place frequented by that person, other than the residence of the alleged stalker; or

(3) harassing another person.

B. As used in this section, ‘household member' means a spouse, former spouse, family member, including a relative, parent, present or former step-parent, present or former in-law, child or co-parent of a child, or a person with whom the victim has had a continuing personal relationship. Cohabitation is not necessary to be deemed a household member for the purposes of this section.

C. Whoever commits stalking is guilty of a misdemeanor. Upon a second or subsequent conviction, the offender is guilty of a fourth degree felony.

D. In addition to any punishment provided pursuant to the provisions of this section, the court shall order a person convicted of stalking to participate in and complete a program of professional counseling at his own expense."

UJI 14-331. Stalking; Essential Elements.

For you to find the defendant guilty of stalking as [charged in Count __________________], the state must prove to your satisfaction beyond a reasonable doubt each of the following elements of the crime:

1. The defendant maliciously pursued a pattern of conduct that would cause a reasonable person to feel frightened, intimidated or threatened on more than one occasion by: [(a) following __________________ (name of victim) in a place other than in the residence of the defendant;] [(b) placing __________________ (name of victim) under surveillance by being present outside _________________'s (name of victim) [school] [residence] [workplace] [vehicle] or [__________________, a place frequented by __________________ (name of victim)] [other than the defendant's residence]; [or] [(c) harassing __________________ (name of victim);]
2. The defendant intended [to place __________________ (name of victim) in reasonable apprehension of [death] [bodily harm] [sexual assault] [confinement or restraint] [or] [to cause a reasonable person to fear for the person's safety or the safety of a household member;]
3. This happened in New Mexico on or about the ____________ day of ______________, ________."

UJI 14-332. Stalking; "Household Member"; Defined.

In addition to the definition in §30-3A-3, the following Uniform Jury Instruction addresses "household member" as legally defined:

A "household member" means a spouse, former spouse, family member, including a relative, parent, present or former step-parent, present or former in-law, child or co-parent of a child, or a person with whom the threatened __________________ (name of victim) has had a continuing personal relationship. Cohabitation is not necessary for ______________ (name of victim) to be considered a household member."