Panel recommends updating telephone-harassment law to cover texts and social media

The House Consumer & Public Affairs Committee voted to recommend passage of House Bill 287, which would expand the state’s telephone-harassment statute to encompass text messages and social-media communications. The committee approved a do-pass recommendation on a recorded vote of 6–2.

Representative Reed presented HB 287 and deferred to Officer Burling of the Las Cruces Police Department, who described repeated cases where threatening or obscene text messages and direct messages were used to intimidate victims. “Text messaging is probably the number one [form of communication] followed shortly thereafter by social media direct messages,” Burling testified, and he gave examples including death threats, explicit images sent to neighbors, and messages used to intimidate witnesses and victims in gang or domestic-violence contexts.

A county prosecutor who spoke for prosecutors’ offices noted the telephone-harassment statute is a distinct crime in New Mexico (a misdemeanor that can escalate on repeat convictions) and said the statute historically required only a telephone call. The presenter and witnesses argued the statute should be updated to reflect modern communication platforms and to provide law enforcement and victims with an actionable remedy for severe, singular incidents of intimidation.

Supporters from victim-services organizations and the Greater Albuquerque Chamber of Commerce backed the bill, arguing technology has evolved since the statute’s adoption and digital conduct should be covered. A disability advocate also testified in support, citing the need for protections for people who may rely on electronic communication and who are vulnerable to stalking and harassment.

Committee members raised drafting issues. Representative Lord asked whether the statute would protect elected officials and witnesses confirmed the law protects any targeted person; Representative David Block asked whether emails should be included — sponsors acknowledged emails are not in the current draft and said they would consider adding them. Representative Romero suggested defining the term “social media” to avoid ambiguity. The sponsor said staff would work on drafting clarifications.

The committee adopted a do-pass recommendation on HB 287 by voice and recorded vote (6–2). Sponsors were asked to consider clarifying definitions and whether to include email in the statutory language before the bill advances.