The bill amends Section 30-20-12 of the New Mexico Statutes to expand the definition of unlawful communication intended to terrify, intimidate, threaten, harass, annoy, or offend. The term "telephone" is replaced with "electronic communication," which encompasses various forms of communication including wire line, cable, wireless or cellular calls, social media posts, text messages, instant messages, and emails. The bill establishes that it is unlawful for any person to use electronic communication to engage in such behaviors, including the use of obscene language or threats, and also addresses attempts to extort money or disturb another's peace through repeated electronic communications.

Additionally, the bill clarifies that the use of obscene language or threats serves as prima facie evidence of intent to commit these offenses. It specifies that offenses committed via electronic communication can be prosecuted at either the origin or the reception point of the communication. Violations of this section are classified as misdemeanors, with enhanced penalties for repeat offenders, who may face felony charges. The bill also introduces definitions for "electronic communication" and "social media," providing clarity on the types of communication covered under this law.

Statutes affected:
introduced version: 30-20-12
JC substitute: 30-20-12