STALKING IN NEW MEXICO
•
Nearly one in four women and one in fourteen men are stalked at least once in
their
lifetime
in the State of New Mexico.
•
While New Mexico law enforcement reported 162 incidents in 2007, the 2003
New
Mexico
Victimization Survey reported 17,177
individuals had been stalked a total of
245,631
times, an average of 14.3 times per year. As of December 2008, 50 Santa Fe
individuals
reported being stalked.
•
34% of stalking victims reported to law enforcement.
•
83% of stalkers are male.
•
44% of stalking victims were injured by their stalker.
•
26% of stalking victims filed an Order for Protection. In more than half of
these cases
(51%)
the PO was violated.
•
Only 5.5% of stalking crimes resulted in an arrest.
•
In 1 out of 17 cases charges were filed.
•
In 13% of cases, charges were dropped.
•
51% of defendants pled guilty.
•
54% of disposed stalking cases resulted in conviction.
•
In 31% of stalking cases, a weapon was involved, especially if the victim was
another
male.
•
Courts take stalking of males by males more seriously than stalking of females.
Males
who
stalk males were less likely to be acquitted and received longer sentences by 2
years.
•
There are 5.5% fewer arrests for stalkers than for perpetrators of domestic
violence.
•
50% of victims of domestic violence and stalking are also victims of sexual
assault.
•
Stalking behaviors begin in adolescence at twice the rate of dating violence.
Incidence and Nature of Domestic Violence In New Mexico VIII: An
Analysis of 2007 Data From The New Mexico
Interpersonal Violence Data Central Repository. Caponera, Betty.
Ph.D. Funded by: Office of Injury Prevention,Injury and Behavioral Epidemiology Bureau, Epidemiology and Response Division, New Mexico Department of Health, Through the New Mexico Coalition of Sexual Assault Programs, July 2008.
30-3A-3. Stalking; penalties. 1997.
A. Stalking consists of a person knowingly pursuing
a pattern of conduct that would cause a reasonable person to feel frightened,
intimidated or threatened. The alleged stalker must intend to place another
person in reasonable apprehension of death, bodily harm, sexual assault,
confinement or restraint or the alleged stalker must intend to cause a
reasonable person to fear for his safety or the safety of a household member.
In furtherance of the stalking, the alleged stalker must commit one or more of
the following acts on more than one occasion:
(1) following another person, in a place other than
the residence of the alleged stalker;
(2) placing another person under
surveillance by being present outside that person's residence, school,
workplace or motor vehicle or any other place frequented by that person, other
than the residence of the alleged stalker; or
(3) harassing another person.
B. As used in this section, "household
member" means a spouse, former spouse, family member, including a
relative, parent, present or former step-parent, present or former in-law,
child or co-parent of a child, or a person with whom the victim has had a
continuing personal relationship. Cohabitation is not necessary to be deemed a
household member for the purposes of this section.
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
his own expense.
§ 30-3A-2. Harassment; penalties. 1997.
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