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SENATE BILL 149
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Antonio Maestas
AN ACT
RELATING TO CRIME; CREATING THE CRIME OF CYBERBULLYING;
PROVIDING PENALTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of Chapter 30, Article 6 NMSA
1978 is enacted to read:
"[NEW MATERIAL] CYBERBULLYING--PENALTIES.--
A. Cyberbullying consists of a person communicating
directly or indirectly, in writing or electronically, with a
public school or private school student with reckless disregard
that the communication may have the effect of:
(1) placing the student in reasonable fear of
physical harm;
(2) causing a substantially detrimental effect
on the student's physical or mental health;
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(3) substantially interfering with the
student's academic performance; or
(4) substantially interfering with the
student's ability to participate in or benefit from the
services, activities or privileges provided by a school.
B. Whoever commits cyberbullying is guilty of a
misdemeanor.
C. Whoever commits cyberbullying when the
cyberbullying results in physical harm or great psychological
harm is guilty of a fourth degree felony.
D. Whoever commits cyberbullying when the
cyberbullying results in great physical harm is guilty of a
third degree felony.
E. Whoever commits cyberbullying when the
cyberbullying results in death is guilty of a second degree
felony.
F. As used in this section:
(1) "great physical harm" means physical harm
of a type that causes physical loss of a bodily member or organ
or functional loss of a bodily member or organ for a prolonged
period of time;
(2) "great psychological harm" means
psychological harm that causes mental or emotional
incapacitation for a prolonged period of time or that causes
extreme behavioral change or severe physical symptoms that
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require psychological or psychiatric care;
(3) "physical harm" means an injury to the
body that causes substantial pain or incapacitation; and
(4) "student" means any resident of New Mexico
who is enrolled in a public or private school as defined in
Subsection K or L of Section 22-1-2 NMSA 1978."
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