New Mexico Attorney General Raúl Torrez announced during a news conference Thursday that he is backing two bills that would criminalize cyberbullying and hazing.
Citing the rapid evolution of technology and a rise in high-profile incidents at schools and universities throughout the state, Torrez said it is “far past time for New Mexico to move on these issues,” the Santa Fe New Mexican reports.
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Senator Moe Maestas (D-Albuquerque) will carry the bills during the 60-day session, which started Jan. 21 and goes through March 22. Under the bills, the severity of criminal charges an offender can face will vary based on harm caused. Charges would range from a misdemeanor for engaging in cyberbullying or hazing to a second-degree felony for an incident causing death.
New Mexico’s Proposed Anti-Hazing Law
New Mexico is one of six states that does not have an anti-hazing law, Torrez wrote in a 70-page report in December. A previous effort to making hazing a crime failed during the 2024 legislative session.
The proposed “Anti-Hazing Act” defines hazing as intentionally or recklessly causing physical or psychological injuries — or creating risk of them — as part of an initiation into a student organization. Activities listed in the bill include whipping, beating, shocking or placing a harmful substance on someone’s body, causing sleep deprivation or confining a person in a small space, forcing someone to consume food, alcohol or drugs, and forcing someone to perform sexual acts.
If passed, post-secondary institutions would be required to implement a code of conduct, establish hazing prevention committees, and provide accessible hazing prevention education, according to Las Cruces Sun News. Consent or sanctioning of a hazing practice by a school or student organization would no longer be able to be used as a defense. Hazing victims would also be allowed to sue their hazers, the school, and its employees.
Organizations that knew or should have known about the practice but failed to act would also have to forfeit any official recognition or approval granted by their schools, and students convicted of hazing would have to forfeit any state-funding grants, scholarships, and awards.
Hazing Incidents at New Mexico State University, Santa Fe High School
New Mexico made headlines for hazing when three members of the New Mexico State University’s men’s basketball team were charged with sexually assaulting teammates during the 2022-23 season.
An investigation into the allegations and subsequent report completed by Torrez’s office alleged three players held “younger players and student staff against their will while they violated them” and “violently grabbing [victims’] genital areas.” The report led to the firing of longtime athletic director Mario Moccia. One of the alleged victims claimed neither the coaches nor support staff did anything to intervene despite the assaults being common knowledge within the team.
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A spokesperson for Torrez’s office said two of the accused players accepted a plea deal that calls for them to testify against the third accused player. The trial is set for Feb. 10.
More recently, in October, at least three members of the Santa Fe High School football team were accused of hazing a teammate. Head coach Andrew Martinez subsequently resigned in November. The Santa Fe Police Department investigated the allegations, characterizing the incident as a sexual offense. However, no charges have been filed.
“The SVU Sergeant shared the guardian of the victim has expressed to the investigator they will not respond to follow up questions on the investigation, nor inquiries from JPO or the District Attorney’s Office. With this being said, the investigator is going to share the case with JPO and the District Attorney’s Office to determine if it can proceed without the assistance of the victim,” Santa Fe Police Deputy Chief Ben Valdez wrote in an email Thursday to the Santa Fe New Mexican. “We respect the position of the victim’s guardian, and continue to be available to assist with the investigation so the victim can receive justice.”
New Mexico’s Proposed Anti-Cyberbullying Law
Under the second proposed bill, cyberbullying is defined as communicating with a student in ways that cause harm to their physical or mental health or lead to fear, academic performance issues, or interference with the student’s participation in school activities or services.
Torrez said cyberbullying is also characterized in the bill as being motivated by a “reckless disregard” for the harm it causes, which will allow prosecutors to hold offenders accountable, particularly in cases where bullying prompts victims to harm themselves.
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Maestas said his proposed bill will “send a message to every teenager, every mom, every community that this is not acceptable behavior.”
According to the 2023 Youth Risk and Resiliency Survey, 12.4% of high schoolers in New Mexico reported being cyberbullied that year.
