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 extortion or disturbing another's peace through repeated anonymous communications.

Additionally, the bill clarifies that the use of obscene, lewd, or profane language, as well as making threats, serves as prima facie evidence of intent to commit these offenses. It also specifies that any offense committed via electronic communication is considered to have occurred at both the origin and the reception points of the communication. Violations of this section are classified as misdemeanors, with enhanced penalties for repeat offenders, who may be charged with a fourth-degree felony. The bill further defines "electronic communication" and "social media" to provide clarity on the types of interactions covered under this law.

Statutes affected:
introduced version: 30-20-12