§ 28-73. Use of telephone to terrify or harass.

(a)

It is unlawful to:

(1)

Telephone another with intent to terrify, intimidate, threaten, harass, annoy or offend, 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;

(2)

Attempt by telephone to extort money or other thing of value from any other person, or to otherwise disturb by repeated anonymous telephone calls the peace, quiet or right of privacy of any other person at the place where the telephone call was made or calls were received;

(3)

Maliciously make a telephone call, whether or not conversation ensues, with intent to annoy or disturb another, or to disrupt the telecommunications of another;

(4)

Call for emergency services knowing that no emergency requiring those services exists; or

(5)

Make a call to the emergency services line for a purpose other than reporting an emergency.

(b)

Using obscene, lewd or profane language or making a threat or statement as set forth in subsection (a)(1) of this section shall be prima facie evidence of intent to terrify, intimidate, threaten, harass, annoy or offend. For the purpose of article III, chapter 18 of this Code, the offense is deemed to have been committed at the place where the telephone calls originated or at the place where the calls were received.

(c)

This section does not apply to second or subsequent offenses, which offenses are subject to prosecution under NMSA 1978, § 30-20-12(d).

(Ord. No. 74-78, § 10-1-18, 1983; Code 1985, § 9.08.030; Ord. No. 02-245, § 4, 9-30-2014)

State law reference

Similar provisions, NMSA 1978, § 30-20-12.