SENATE BILL 255

56th legislature - STATE OF NEW MEXICO - second session, 2024

INTRODUCED BY

Mark Moores

 

 

 

 

 

AN ACT

RELATING TO CRIMINAL OFFENSES; CREATING THE CRIME OF STUDENT ATHLETE HARASSMENT; DEFINING TERMS; PRESCRIBING PENALTIES.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of the Criminal Code is enacted to read:

     "[NEW MATERIAL] STUDENT ATHLETE HARASSMENT.--

          A. Student athlete harassment consists of knowingly directing threats of violence or harm at a specific student athlete in which the harassment is related to the performance of the student athlete in an intercollegiate sport and is done with the intent to place the student athlete in reasonable fear for the student athlete's safety or the safety of the student athlete's immediate family. The conduct must be such that it would cause a reasonable person to suffer substantial emotional distress.

          B. Whoever commits student athlete harassment is guilty of a misdemeanor. Upon a second or subsequent conviction for student athlete harassment, the offender is guilty of a fourth degree felony.

          C. In addition to any punishment provided pursuant to the provisions of this section, the court shall order a person convicted of student athlete harassment to participate in and complete a program of professional counseling at the person's own expense.

          D. As used in this section:

                (1) "intercollegiate sport" means a sport played at the collegiate level for which eligibility requirements for participation by a student athlete are established by a national association for the promotion or regulation of collegiate athletics; and

                (2) "student athlete" means an individual who engages in, is eligible to engage in or may be eligible in the future to engage in an intercollegiate sport."

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