Welcome to the National Center for Victims of Crime

We are the nation's leading resource and advocacy organization for crime victims and those who serve them. Please join us as we forge a national commitment to help victims of crime rebuild their lives.

New Mexico

Local Resources

Stalking often occurs along with other crimes, like domestic violence and sexual assault. While there are no state coalitions for victims of stalking, many domestic violence and sexual assault programs are able to provide assistance. Many of the resources can be confusing to navigate, victim advocates are available to talk to you about address confidentiality and your states criminal stalking laws. Victim advocates can also assist you with safety planning, keeping a log of stalking incidents, and how to be safe when using technology. Find services and/or an advocate in your county using the following links:

Address Confidentiality

Address confidentiality programs allow victims of stalking, sexual assault, domestic violence, or other types of crime to receive mail at a substitute address, which keeps their actual address private and prevents offenders from locating the victim through public records. Mail is sent to the legal substitute address, often a post office box, and then forwarded to the victim’s actual address. The substitute address can be provided whenever the victim’s address is required by a public agency.

Click here for more information on the Address Confidentiality Program in New Mexico.

Criminal Stalking Laws

Criminal stalking laws define when a perpetrator may be charged with the crime of stalking, and what infractions are required to bring such a charge. The laws usually define various misdemeanor and felony offenses that correlate with the severity of the transgression. Based on police investigation, a state prosecutor will determine what charges to bring against an offender, and will then file charges against the perpetrator (formally known as an indictment). A trial typically follows, and the defendant may be offered a plea agreement. The criminal statute will also delineate potential punishments, if the perpetrator is convicted, which may include probation, house arrest, and incarceration, among others. Restitution may be requested and awarded to the victim by court order following a conviction, usually at a sentencing hearing.

Click here for more information on criminal stalking laws in New Mexico.

National Resources

  • VictimConnect Resource Center - Confidential information, support and referrals for victims of crime via telephone, chat and text including safety planning and crime reporting.
  • WomensLaw.org - State-specific legal information related regarding protection orders, custody, divorce, state gun laws and more. WomensLaw.org also operates an email hotline where victims, their family/friends and advocates can write to ask legal questions.

Address Confidentiality

The New Mexico State Address Confidentiality Program assists crime victims who have relocated. Click here to find help with your application in your county. Click here to learn more about what the program in your state covers.

Contact Information

Back to Top

Criminal Stalking Laws

N.M. Stat. Ann. § 30-3A-4. Exceptions. (1997)
The provisions of the [Harassment and] Stalking Act [30-3A-1 NMSA 1978] do not apply to:

A.     picketing or public demonstrations that are lawful or that arise out of a bona fide labor dispute; or

 

B.      a peace officer in the performance of his duties.

N.M. Stat. Ann. § 30-3A-3.1. Aggravated stalking; penalties. (1997)
A. Aggravated stalking consists of stalking perpetrated by a person:

(a)   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;

(b)   in violation of a court order setting conditions of release and bond;

(c)   when the person is in possession of a deadly weapon; or

(d)   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.


N.M. Stat. Ann. § 30-3A-3. Stalking; penalties. (2009)
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.

Back to Top