TELEPHONE CRIMES

HB0058

HOUSE BILL 58

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Andrea Reeb
and
Luis M. Terrazas
and
Joshua N. Hernandez

AN ACT

RELATING TO CRIME; AMENDING THE CRIME OF THE USE OF A TELEPHONE
TO TERRIFY, INTIMIDATE, THREATEN, HARASS, ANNOY OR OFFEND TO
INCLUDE ELECTRONIC COMMUNICATION.

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

SECTION 1.
Section 30-20-12 NMSA 1978 (being Laws 1967,
Chapter 120, Section 2) is amended to read:

"30-20-12. USE OF [
TELEPHONE
]
ELECTRONIC COMMUNICATION
TO
TERRIFY, INTIMIDATE, THREATEN, HARASS, ANNOY OR OFFEND--PENALTY.--

A. It [
shall be
]
is
unlawful for any person, with
intent to terrify, intimidate, threaten, harass, annoy or
offend, to [
telephone
]
contact
another
by electronic
communication
and use any obscene, lewd or profane language or
suggest any lewd, criminal or lascivious act or threaten to
inflict injury or physical harm to the person or property of
any person. It [
shall
]
is
also [
be
] unlawful for [
any
]
a

person to attempt by [
telephone
]
use of electronic
communication
to extort money or other thing of value from any
other person, or to otherwise disturb by repeated anonymous
[
telephone calls
]
electronic communication
the peace, quiet or
right of privacy of any other person at the place where the
[
telephone call or calls were
]
electronic communication was

received, or to maliciously make [
a telephone call
]
an
electronic communication
, whether or not conversation ensues,
with intent to annoy or disturb another, or to disrupt the
telecommunications of another.

B. The use of obscene, lewd or profane language or
the making of a threat or statement as set forth in Subsection
A
of this section
shall be prima facie evidence of intent to
terrify, intimidate, threaten, harass, annoy or offend.

C. Any offense committed by use of [
a telephone
]
an
electronic communication
as set forth in this section shall be
deemed to have been committed at either the place where the
[
telephone call or calls
]
electronic communication
originated
or at the place where the [
telephone call or calls were
]

electronic communication was
received.

D. [
Whosoever
]
Whoever
violates this section is
guilty of a misdemeanor, unless such person has previously been
convicted of such offense or of an offense under the laws of
another state or of the United States [
which
]
that
would have
been an offense under this section if committed in this state,
in which case such person is guilty of a fourth degree felony.

E. As used in this section:

(1) "electronic communication" means:

(a) a wire line, cable, wireless or
cellular telephone call;

(b) a social media post;

(c) a text message; or

(d) an instant message or electronic
mail; and

(2) "social media" means a website or internet
medium that:

(a) permits a person to become a
registered user, establish an account or create a profile for
the purpose of allowing the person to create, share or view
user-generated content through users' accounts or profiles;

(b) enables one or more than one user to
generate content that can be viewed by other users of the
medium; and

(c) primarily serves as a medium for
users to interact with content generated by other users of the
medium.
"

- 3 -