§30-3A-3.1 and UJI 14-333

New Mexico aggravated stalking statute and corresponding Uniform Jury Information (UJI)

§30-3A-3.1, "Aggravated Stalking; penalties," provides that:

"A. Aggravated stalking consists of stalking perpetrated by a person: (1) who knowingly violates a permanent or temporary order of protection issued by a court, except that mutual violations of such orders may constitute a defense to aggravated stalking; (2) in violation of a court order setting conditions of release and bond; (3) when the person is in possession of a deadly weapon; or (4) when the victim is less than sixteen years of age.

B. Whoever commits aggravated stalking is guilty of a fourth degree felony. Upon a second or subsequent conviction, the offender is guilty of a third degree felony.

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

UJI 14-333. Aggravated Stalking; Essential Elements.

For you to find the defendant guilty of aggravated 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. __________________ (name of defendant) committed the crime of stalking;

2. At the time of the offense: [__________________ (name of defendant) knowingly violated a permanent or temporary order of protection issued by a court (and the victim did not also violate the court order);] [or] [__________________ (name of defendant) violated a court order setting conditions of release and bond;] [or] __________________ (name of defendant) was in possession of a [__________________] [__________________ (name of object) with the intent to use it as a weapon and a __________________ (name of object), when used as a weapon, is capable of inflicting death or great bodily harm]; [or] [the victim was less than sixteen years of age;]"