NMSU hazing scandal prompts attorney general to propose new crime

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ALBUQUERQUE – The New Mexico Department of Justice announced on Jan. 16 that it would spearhead legislation to make hazing a criminal offense following a report detailing the administrative breakdown in 2023 on the New Mexico State men’s basketball team. 

The bill would make it a crime to engage in ritualistic hazing of any kind, and depending on the severity of the incident, it could lead to jail time and a criminal record.

Attorney General Raúl Torrez, who led the news conference, argued that the current laws are inadequate for the digital age. Torrez announced the proposal at a news conference in Albuquerque alongside state Sen. Antonio “Moe” Maestas, D-Albuquerque; New Mexico Parent Teacher Association board vice president Renata Witte, and 8th Judicial District Attorney Marcus Montoya.

The group also proposed legislation that would make cyberbullying a state crime. 

“It's time to take a stand and protect our children in the digital space, just as we do in the real world,” Maestas, who will be sponsoring the bill, told reporters. 

In the NMDOJ’s report on NMSU, the Attorney General’s Office found that several systemic and institutional failures led to three basketball players being sexually assaulted by their teammates as their coaches did nothing.

The men accused of the assault have been criminally charged, and some have pled guilty. However, Torrez said he still felt that the current law doesn’t provide prosecutors with enough flexibility to criminally punish perpetrators of hazing. 

"They just simply don't map onto the existing sexual assault charges in a way that … takes full account of all that went into it,” Torrez said. “Because, again, in the usual situation where sexual assault occurred, none of the other exigent social circumstances and dynamics are coming into play.”

The severity of the criminal penalty would depend on the hazing outcome and ranges from a misdemeanor crime to a second-degree felony in the event of a person’s death. 

"We think it's a balanced approach. We think it's a necessary element of any comprehensive package," Torrez said, referring to the escalating penalties. "But I do want to stress the fact that it's far past time for New Mexico to move on these issues."

The law also features what anti-hazing advocates call a “consent clause,” which means that even when a person agrees to participate in a hazing ritual, those conducting the ritual can still be charged and convicted. 

New Mexico is one of just six states without a specific hazing crime, according to StopHazing, an anti-hazing advocacy and research organization.

The other states are Alaska, Hawaii, Montana, South Dakota and Wyoming. However, according to StopHazing, only 29 states with hazing laws have a consent clause.

Torrez said the consent clause was key because of the power imbalance inherent in hazing rituals. 

“It's easy enough to say this person hit me, assaulted me, engaged in this activity, and you wouldn't consent to that in any normal situation. But there are situations where a member of a team, because they're trying to be a part of a team, would appear to go along with something because they feel pressured to do that,” Torrez said. “And that's what makes this unique.” 

Answering questions from the Las Cruces Bulletin during the news conference, Torrez also addressed the possible outcomes of saddling young people and children with criminal charges and convictions. 

Research shows that kids and young adults who go through the criminal justice system are less able to find steady housing and steady employment and are more likely to commit more crimes. 

Torrez said he was aware of that reality. But he said that as attorney general, it was his responsibility to push for laws that reflect the will of the people. And he said increasing the government's ability to jail and punish children and young people accused of crimes was the will of the people. 

"If you showed this, including the proposed criminal penalties, to the citizens of this community and citizens of this state, without seeing one bit of polling, I'll bet you right now they're in alignment and support with this,” Torrez said. 

New Mexico Department of Justice, hazing, criminal offense, cyberbullying

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