Yes, ding dong ditching can be illegal in New Mexico because it may be considered trespassing or, in some cases, harassment, depending on the circumstances.
Trespassing Laws in New Mexico
- Trespassing is Illegal: In New Mexico, it is unlawful to enter private land without the owner’s permission. If you knowingly enter someone’s property—even just to ring the doorbell and run away—without consent, you could be charged with trespassing.
- Marked Property: If the property is clearly marked as private, entering it without permission strengthens the case for a trespassing charge.
- Remaining or Returning: Staying on the property after being asked to leave, or repeatedly returning to do the prank, can also lead to legal trouble.
Potential Charges
- Criminal Trespass: Ding dong ditching typically involves stepping onto someone’s property without authorization, which meets the definition of criminal trespass under New Mexico law.
- Disorderly Conduct or Harassment: If the prank is repeated or perceived as threatening or harassing by the homeowner, it could also be charged as disorderly conduct or harassment, especially if it disturbs the peace or causes alarm.
What Happens If You’re Caught?
- First Offense: Often, law enforcement may issue a warning, especially if minors are involved and there is no damage or further disturbance.
- Repeated or Aggravated Incidents: Repeated ding dong ditching, or doing it late at night or in a way that causes fear or significant annoyance, increases the likelihood of being charged with trespassing, disorderly conduct, or harassment.
Key Takeaways
- Ding dong ditching is not harmless in the eyes of the law—it can be prosecuted as criminal trespass in New Mexico, and, depending on the situation, as disorderly conduct or harassment.
- Homeowners have the right to call law enforcement if they feel threatened, harassed, or repeatedly disturbed by this prank.
- If you are caught, you may receive a warning for a first offense, but repeat behavior can lead to criminal charges.
Ding dong ditching in New Mexico is risky and can have legal consequences. What might seem like a harmless prank could result in a criminal record, especially if you trespass on marked private property or repeat the behavior after a warning.
Sources:
- https://www.avvo.com/legal-answers/is-it-allowed-to-ding-dong-ditch–5329846.html
- https://www.pumphreylawfirm.com/blog/is-ding-dong-ditching-as-harmless-as-pranksters-think/
- https://lizzybunkerlaw.com/blog/how-to-beat-a-trespassing-charge-in-new-mexico/
- https://www.youtube.com/watch?v=S4ksT6lvfGc