Most of us would appreciate a little extra attention or added affection from a loved one. But if we received this kind of contact from a stranger or after a relationship has ended, it can feel threatening or possibly even dangerous. If you are being pursued or harassed to an extent that makes you frightened or intimidated, the Land of Enchantment has criminal statutes that can help punish and prevent stalking. This is a basic overview of stalking laws in Utah.
Stalking Laws in new Mexico
State stalking laws may be worded a little differently from state to state, in terms of what behavior they may prohibit and how they will be enforced. New Mexico’s anti-stalking statutes are highlighted below.
| Code Section | New Mexico Statutes 30-3A-3, et seq.: Stalking |
| Stalking Defined as | Knowingly pursuing a pattern of conduct that would cause reasonable person to feel frightened, intimidated, or threatened. Stalker must intend to cause reasonable apprehension. Stalker must follow, surveil, or harass. Aggravated stalking: stalking when it violates a restraining order, while possessing a deadly weapon, or when the victim is less than 16 yrs. old. |
| Punishment/Classification | Misdemeanor. Must also complete professional counseling. Aggravated stalking: 4th degree felony. |
| Penalty for Repeat Offense | Upon 2nd or subsequent conviction, guilty of 4th degree felony. Must also complete professional counseling. Aggravated stalking: 3rd degree felony. |
| Arrest or Restraining Order Specifically Authorized by Statute? | - |
| Constitutionally Protected Activities Exempted? | Picketing or public demonstrations |
The common definition of stalking is the unwanted pursuit of, and contact toward, another person. New Mexico defines stalking as a pattern of conduct intended to place an individual in reasonable apprehension of death, bodily harm, or confinement. This pattern can include following, monitoring, surveilling, threatening, or communicating to or about a person.
The state also has enhanced penalties for stalkers who violate issue protective orders, use a deadly weapon, or target victims under the age of 16. Protective orders can help punish stalkers and protect stalking victims, many of whom were previously in romantically relationships with their stalkers and may have been victims of domestic violence.
More Resources for Utah Stalking Laws
Protect yourself from stalking or harassment can be an emotionally and legally daunting process. For additional articles and resources on this topic, you can visit FindLaw’s sections on Criminal Charges and Domestic Violence. If you would like legal assistance with a stalking matter, you can consult with a Utah criminal law attorney.
