HB 287 — TELEPHONE, TEXT & SOCIAL MEDIA CRIMES

HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR HOUSE BILL 287 57TH LEGISLATURE -STATEOFNEWMEXICO- FIRST SESSION, 2025 INTRODUCED4 BY Andrea Reeb and John Block 6 8 10 AN ACT RELATING TO CRIME;

AMENDING THE CRIME OF THE USE OF A TELEPHONE TO TERRIFY, INTIMIDATE, THREATEN, HARASS, ANNOY OR OFFEND TO INCLUDE TEXTELECTRONIC MESSAGESCOMMUNICATION. AND SOCIAL MEDIA.

USE OF TELEPHONE,[TELEPHONE] TEXTELECTRONIC MESSAGECOMMUNICATION ORTO SOCIAL MEDIA = = 19 a l TO TERRIFY, INTIMIDATE, THREATEN, HARASS, ANNOY OR OFFEND-- i a e r 20 PENALTY.-- a t m m 21 A.

It [shall be] is unlawful for any person, with d r e 22 intent to terrify, intimidate, threaten, harass, annoy or c e s k 23 offend, to telephone,[telephone] [another]contact textanother messageby orelectronic contact via e a n b 24 socialcommunication media, and use any obscene, lewd or profane language or u [ suggest any lewd, criminal or lascivious act or threaten to .230055.1.231363.2 HJC/HB 287 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 telephone,electronic textcommunication message or contact via social media to extort money or other thing of value from any other person, or to otherwise disturb by repeated anonymous telephone[telephone calls,calls] textelectronic messagescommunication or contact via social media the peace, quiet or right of privacy of any other person at the place where the telephone[telephone [callcall or]or calls [were],were] textelectronic messagescommunication or contact via social media was received, or to maliciously make a[a telephone call,call] sendan aelectronic textcommunication, message or contact via social media, whether or not conversation ensues, with intent to annoy or disturb another, or to disrupt the telecommunications of another.

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 e t 17 terrify, intimidate, threaten, harass, annoy or offend.

we lt n17 d 18 C.

Any offense committed by use of a[a telephone,telephone] aan =w = 19 a l textn messaged or18 socialelectronic mediacommunication as set forth in this section shall ibe a= e= r19 20 be deemed to have been committed at either the place where the a tl mi ma 21e telephoner [call20 or][telephone calls,call text messages or contactcalls] viaelectronic socialcommunication doriginated ra et 22m mediam originated21 or at the place where the telephone[telephone [callcall or]or c e s k 23 calls [were],were] textd messagesr or contact via social media was e a22 nelectronic bcommunication 24was received.

uc [e s k 23 D.

[Whosoever] Whoever violates this section is .230055.1e -a 2n -b 24 guilty of a misdemeanor, unless such person has previously been u [ convicted of such offense or of an offense under the laws of .231363.2 - 2 - HJC/HB 287 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."felony. - 3 - 8 10 12 14 16 e t 17 w l n d 18 = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .230055.1

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 e t 17 user-generated content through users' accounts or profiles;

w l n d 18 (b) enables one or more than one user to = = 19 generate content that can be viewed by other users of the a l i a e r 20 medium;

and a t m m 21 (c) primarily serves as a medium for d r e 22 users to interact with content generated by other users of the c e s k 23 medium." e a n b 24 - 3 - u [ .231363.2