A. Aggravated stalking consists of stalking perpetrated by a person:

Attorney's Note

Under the New Mexico Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
third degree felonyup to 3 yearsup to $5,000
fourth degree felonyup to 18 monthsup to $5,000
For details, see N.M. Stat. Ann. § 31-18-15

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Terms Used In New Mexico Statutes 30-3A-3.1

  • Conviction: A judgement of guilt against a criminal defendant.

(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.