Stalking is generally a course conduct directed toward a specific person (or the person’s family, friends, or work associates) that would cause a reasonable person to be in fear of their safety, health, or well-being. Stalking includes (1) spying on a person; (2) waiting at a location to make unwanted contact with the victim, or to monitor the victim; (3) leaving unwanted items and gifts for the victim; and (4) posting or disseminating information or rumors about the victim on the internet, in a public place, or by word of mouth.

Stalkers may also use technology to harass their victim. Common forms of cyberstalking include:

• e-mail spoofing—sending e-mails pretending to be the victim

• text messaging and sexting (sending sexually explicit text messages or photos)

• social media (Facebook, Twitter, Instagram, etc.)—creating social media accounts and posting statements to harass, threaten, or denigrate the victim, or to impersonate the victim on social media

• online impersonation of the victim through a false identity or account to place online sex ads or solicit sex

• use of GPS to track the victim, including placing a GPS device on the victim’s car.

Stalking is a crime under federal law (18 U.S.C. §2261A) and in each of the 50 states, the District of Columbia, the U.S. Territories, and many Indian Tribes. In addition to stalking laws, every state has laws addressing electronic harassment, and federal law also criminalizes the use of technology to stalk (18 U.S.C. §2261A(2)). Legal definitions for stalking and harassment vary from state to state and in the federal system—especially regarding the stalker’s intent and the nature of the victim’s fear or emotional distress caused by the stalking.

In New Mexico, stalking is defined under state law as knowingly pursuing a pattern of conduct that is directed at a specific person and would cause a reasonable person to feel frightened, intimidated, or threatened. The conduct must be such that it actually causes the victim to feel terrorized, frightened, intimidated, or threatened and must serve no legitimate purpose. This includes actions like repeatedly following someone, maintaining surveillance, or any form of communication that induces fear. New Mexico law (NMSA 1978, Section 30-3A-3) recognizes stalking as a misdemeanor or a felony, depending on the circumstances, such as the presence of a protective order or the use of a deadly weapon. Cyberstalking, which involves the use of electronic communication like email, social media, or GPS tracking to harass or frighten someone, is also covered under New Mexico's anti-stalking statutes. Additionally, federal law under 18 U.S.C. §2261A criminalizes stalking, including cyberstalking, making it a federal offense to use electronic communication to place a person in fear of death or serious bodily injury.