Section 30-3A-3.1 - Aggravated stalking; penalties. - New Mexico Statutes

30-3A-3.1. Aggravated stalking; penalties.

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.