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Originally Posted by shiningstar
The police told me "Until she
committs a crime .........there's nothing they can do."
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Shiningstar, she is committing a crime! I'm not sure if you have only dealt with one officer in your local department (who may know this person and not feel as if they can act on it) or several, but the first thing to do is make sure you have gone all the way up the chain of command to the Chief (or Sheriff) with your
very valid complaint. Refer them to New Mexico State Statute 30-20-12 which states (I've highlighted the relevant sections in blue, but here's the whole law):
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30-20-12. Use of telephone to terrify, intimidate, threaten, harass, annoy or offend; penalty.
A. It shall be unlawful for any person, with intent to terrify, intimidate, threaten, harass, annoy or offend, to telephone another 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. It shall also be unlawful for any person to 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 or calls were received, or to maliciously make a telephone call, whether or not conversation ensues, with intent to annoy or disturb another, or to disrupt the telecommunications of another.
B. The use of obscene, lewd or profane language or the making of a threat or statement as set forth in Subsection A shall be prima facie evidence of intent to terrify, intimidate, threaten, harass, annoy or offend.
C. Any offense committed by use of a telephone as set forth in this section shall be deemed to have been committed at either the place where the telephone call or calls originated or at the place where the telephone call or calls were received.
D. Whosoever violates this section is guilty of a misdemeanor, unless such person has previously been convicted of such offense or of an offense under the laws of another state or of the United States which 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.
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Advise the police that if they do not act on this complaint that you will contact everyone up to the Attorney General's Office with a formal complaint. (If this occurred in New Hampshire I would go to the town's selectmen (or city council) and then the State Police first, but I am not familiar with New Mexico law.)
The Attorney General is considered the chief law enforcement officer in the state and they will at least look into it for you. The phone number for the Santa Fe Office is: (505) 827-6000 and the phone number for the Albuquerque Office is: (505) 222-9000. The Attorney General's name is Patricia A. Madrid.
Please let me know what happens with this. I work in law enforcement and am absolutely horrified that no one seems to have done anything about this.
