HB287 expands New Mexico’s existing offense of using a telephone to terrify, intimidate, threaten, harass, annoy, or offend by expressly adding text messages and social media contacts to the statute. The bill updates the criminal language throughout Section 30-20-12 to cover communications made by telephone, text message, or social media when used with the intent to threaten, harass, extort, disturb privacy, or disrupt telecommunications. It also keeps the existing evidentiary rule that obscene, lewd, profane, or threatening language can serve as prima facie evidence of the required intent.
The bill preserves the current penalty structure: a first offense remains a misdemeanor, while a repeat offense, including prior qualifying convictions from other states or the federal system, is elevated to a fourth-degree felony. It also clarifies that offenses may be deemed committed either where the communication originated or where it was received, now expressly including text messages and social media contacts in that jurisdictional rule.
Impact
HB287 would amend Section 30-20-12 NMSA 1978 to modernize an existing communications-harassment statute by adding text messaging and social media to conduct already prohibited by law. The change broadens the statute’s reach to cover digital communications without creating a new offense category, and it applies the same misdemeanor and repeat-offense felony penalties to these additional methods of contact. The bill would affect individuals accused of harassing or threatening communications and would give law enforcement and prosecutors clearer statutory authority to charge conduct carried out through modern messaging platforms.
Sentiment
No committee transcripts or recorded votes were provided, so there is no direct evidence of debate, support, or opposition in the available materials. Based on the bill text alone, the measure appears to be a straightforward update to existing criminal law intended to reflect current communication technology. The caption and language suggest a public-safety framing rather than a controversial policy shift.
Contention
The main potential point of contention is the expansion of criminal liability into text messaging and social media, which could raise concerns about overbreadth, free-speech implications, and how intent is proven in digital communications. Supporters would likely view the bill as a necessary modernization to address harassment and threats delivered through newer platforms, while critics may worry about vague application to offensive but protected speech or about enforcement discretion in online contexts. Because no discussion transcript is available, the specific positions of legislators or stakeholders are not documented in the provided record.