Section 30-3A-3 - Stalking; penalties. - New Mexico Statutes

30-3A-3. Stalking; penalties.

A.     Stalking consists of knowingly pursuing a pattern of conduct, without lawful authority, directed at a specific individual when the person intends that the pattern of conduct would place the individual in reasonable apprehension of death, bodily harm, sexual assault, confinement or restraint of the individual or another individual. 

B.     As used in this section:   

(1)     "lawful authority" means within the scope of lawful employment or constitutionally protected activity; and

(2)     "pattern of conduct" means two or more acts, on more than one occasion, in which the alleged stalker by any action, method, device or means, directly, indirectly or through third parties, follows, monitors, surveils, threatens or communicates to or about a person. 

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 the person's own expense or a domestic violence offender treatment or intervention program.