The information provided is not
for commercial use it is intended only for informational use. There has been
no attempt to make a complete list of all or related statutes. There is no
guarantee of the completeness or accuracy of the information provided. Please Seek Professional Legal advice and visit the State’s official web
site and consult the Bound Volumes of the State’s Statutes for more
information.
*UNANNOTATED
30-6A-2.
Definitions.
As used in
the Sexual Exploitation of Children Act [30-6A-1 NMSA 1978]:
A. "prohibited
sexual act" means:
(1) sexual
intercourse, including genital-genital, oral-genital, anal-genital or
oral-anal, whether between persons of the same or opposite sex
(2) bestiality;
(3) masturbation;
(4) sadomasochistic
abuse for the purpose of sexual stimulation; or
(5) lewd and sexually explicit exhibition with a focus on the genitals or pubic area of any person for the purpose of sexual stimulation;
B. "visual
or print medium" means:
(1) any
film, photograph, negative, slide, computer diskette, videotape, videodisc or
any computer or electronically generated imagery; or
(2) any
book, magazine or other form of publication or photographic reproduction
containing or incorporating any film, photograph, negative, slide, computer
diskette, videotape, videodisc or any computer generated or electronically
generated imagery;
C. "performed
publicly" means performed in a place that is open to or used by the
public;
D. "manufacture" means the production, processing, copying by any means, printing, packaging or repackaging of any visual or print medium depicting any prohibited sexual act or simulation of such an act if one or more of the participants in that act is a child under eighteen years of age; and
E.
"obscene" means any material, when the content if taken as a
whole:
(1) appeals
to a prurient interest in sex, as determined by the average person applying
contemporary community standards;
(2) portrays
a prohibited sexual act in a patently offensive way; and
(3) lacks
serious literary, artistic, political or scientific value.
30-6A-3.
Sexual exploitation of children.
A. It is unlawful for a person to intentionally possess any obscene visual or print medium depicting any prohibited sexual act or simulation of such an act if that person knows or has reason to know that the obscene medium depicts any prohibited sexual act or simulation of such act and if that person knows or has reason to know that one or more of the participants in that act is a child under eighteen years of age. A person who violates the provisions of this subsection is guilty of a fourth degree felony.
B. It
is unlawful for a person to intentionally distribute any obscene visual or
print medium depicting any prohibited sexual act or simulation of such an act
if that person knows or has reason to know that the obscene medium depicts any
prohibited sexual act or simulation of such act and if that person knows or has
reason to know that one or more of the participants in that act is a child
under eighteen years of age. A person who violates the provisions of this
subsection is guilty of a third degree felony.
C. It is unlawful for a person to intentionally cause or permit a child under eighteen years of age to engage in any prohibited sexual act or simulation of such an act if that person knows, has reason to know or intends that the act may be recorded in any obscene visual or print medium or performed publicly. A person who violates the provisions of this subsection is guilty of a third degree felony, unless the child is under the age of thirteen, in which event the person is guilty of a second degree felony.
D. It
is unlawful for a person to intentionally manufacture any obscene visual or
print medium depicting any prohibited sexual act or simulation of such an act
if one or more of the participants in that act is a child under eighteen years
of age. A person who violates the provisions of this subsection is guilty of a
second degree felony.
E. The
penalties provided for in this section shall be in addition to those set out in
Section 30-9-11 NMSA 1978.
30-6A-4.
Sexual exploitation of children by prostitution.
A. Any
person knowingly receiving any pecuniary profit as a result of a child under
the age of sixteen engaging in a prohibited sexual act with another is guilty
of a second degree felony, unless the child is under the age of thirteen, in
which event the person is guilty of a first degree felony.
B. Any
person hiring or offering to hire a child over the age of thirteen and under
the age of sixteen to engage in any prohibited sexual act is guilty of a second
degree felony.
C. Any
parent, legal guardian or person having custody or control of a child under
sixteen years of age who knowingly permits that child to engage in or to assist
any other person to engage in any prohibited sexual act or simulation of such
an act for the purpose of producing any visual or print medium depicting such
an act is guilty of a third degree felony.
30-9-1.
Enticement of child.
Enticement
of child consists of:
A. enticing,
persuading or attempting to persuade a child under the age of sixteen years to
enter any vehicle, building, room or secluded place with intent to commit an act
which would constitute a crime under Article 9 [30-9-1 to 30-9-9 NMSA 1978] of
the Criminal Code; or
B. having
possession of a child under the age of sixteen years in any vehicle, building,
room or secluded place with intent to commit an act which would constitute a
crime under Article 9 of the Criminal Code.
Whoever
commits enticement of child is guilty of a misdemeanor.
30-9-11. Criminal sexual penetration.
A. Criminal sexual penetration is the unlawful and
intentional causing of a person to engage in sexual intercourse, cunnilingus,
fellatio or anal intercourse or the causing of penetration, to any extent and
with any object, of the genital or anal openings of another, whether or not
there is any emission.
B. Criminal sexual penetration does not include
medically indicated procedures.
C. Criminal sexual penetration in the first degree
consists of all sexual penetration perpetrated:
(1) on a child under thirteen years of age; or
(2) by the use of force or coercion that results in
great bodily harm or great mental anguish to the victim.
Whoever commits criminal sexual penetration in the first
degree is guilty of a first degree felony.
D. Criminal sexual penetration in the second degree
consists of all criminal sexual penetration perpetrated:
(1) on a child thirteen to eighteen years of age when
the perpetrator is in a position of authority over the child and uses this
authority to coerce the child to submit;
(2) on an inmate confined in a correctional facility
or jail when the perpetrator is in a position of authority over the
inmate;
(3) by the use of force or coercion that results in
personal injury to the victim;
(4) by the use of force or coercion when the
perpetrator is aided or abetted by one or more persons;
(5) in the commission of any other felony; or
(6) when the perpetrator is armed with a deadly
weapon.
Whoever commits criminal sexual penetration in the second
degree, is guilty of a second degree felony. Whoever commits criminal
sexual penetration in the second degree when the victim is a child who is
thirteen to eighteen years of age is guilty of a second degree felony for a
sexual offense against a child and, notwithstanding the provisions of Section
31-18-15 NMSA 1978, shall be sentenced to a minimum term of imprisonment of
three years, which shall not be suspended or deferred. The imposition of
a minimum, mandatory term of imprisonment pursuant to the provisions of this
subsection shall not be interpreted to preclude the imposition of sentencing enhancements
pursuant to the provisions of Sections 31-18-17, 31-18-25 and 31-18-26 NMSA
1978.
E. Criminal sexual penetration in the third degree
consists of all criminal sexual penetration perpetrated through the use of
force or coercion.
Whoever commits criminal sexual penetration in the third
degree is guilty of a third degree felony. Whoever commits criminal
sexual penetration in the third degree when the victim is a child who is
thirteen to eighteen years of age is guilty of a third degree felony for a
sexual offense against a child.
F. Criminal sexual penetration in the fourth degree
consists of all criminal sexual penetration:
(1) not defined in Subsections C through E of this
section perpetrated on a child thirteen to sixteen years of age when the
perpetrator is at least eighteen years of age and is at least four years older
than the child and not the spouse of that child; or
(2) perpetrated on a child thirteen to eighteen years
of age when the perpetrator, who is a licensed school employee, an unlicensed
school employee, a school contract employee, a school health service provider
or a school volunteer, and who is at least eighteen years of age and is at
least four years older than the child and not the spouse of that child, learns
while performing services in or for a school that the child is a student in a
school.
Whoever commits criminal sexual penetration in the fourth
degree is guilty of a fourth degree felony.
30-9-12.
Criminal sexual contact.
A. Criminal
sexual contact is the unlawful and intentional touching of or application of
force, without consent, to the unclothed intimate parts of another who has
reached his eighteenth birthday, or intentionally causing another who has
reached his eighteenth birthday to touch one's intimate
parts.
B. Criminal
sexual contact does not include touching by a psychotherapist on his patient
that is:
(1) inadvertent;
(2) casual
social contact not intended to be sexual in nature; or
(3)
generally recognized by mental health professionals as being a legitimate
element of psychotherapy.
C. Criminal
sexual contact in the fourth degree consists of all criminal sexual contact
perpetrated:
(1) by the
use of force or coercion that results in personal injury to the
victim;
(2) by the
use of force or coercion when the perpetrator is aided or abetted by one or
more persons; or
(3) when
the perpetrator is armed with a deadly weapon.
Whoever
commits criminal sexual contact in the fourth degree is guilty of a fourth
degree felony.
D. Criminal
sexual contact is a misdemeanor when perpetrated with the use of force or
coercion.
E. For
the purposes of this section, "intimate parts" means the primary
genital area, groin, buttocks, anus or breast.
30-9-13.
Criminal sexual contact of a minor.
A. Criminal
sexual contact of a minor is the unlawful and intentional touching of or
applying force to the intimate parts of a minor or the unlawful and intentional
causing of a minor to touch one’s intimate parts. For the purposes of
this section, “intimate parts” means the primary genital area, groin, buttocks,
anus or breast.
B. Criminal
sexual contact of a minor in the second degree consists of all criminal sexual
contact of the unclothed intimate parts of a minor perpetrated:
(1) on
a child under thirteen years of age; or
(2) on
a child thirteen to eighteen years of age when:
(a) the
perpetrator is in a position of authority over the child and uses that
authority to coerce the child to submit; (b) the perpetrator
uses force or coercion that results in personal injury to the child;
(c) the
perpetrator uses force or coercion and is aided or abetted by one or more
persons; or
(d) the
perpetrator is armed with a deadly weapon.
Whoever
commits criminal sexual contact of a minor in the second degree is guilty of a
second degree felony for a sexual offense against a child and, notwithstanding
the provisions of Section 31-18-15 NMSA 1978, shall be sentenced to a minimum
term of imprisonment of three years, which shall not be suspended or
deferred. The imposition of a minimum, mandatory term of imprisonment
pursuant to the provisions of this subsection shall not be interpreted to
preclude the imposition of sentencing enhancements pursuant to the provisions
of Sections 31-18-17, 31-18-25 and 31-18-26 NMSA 1978.
C. Criminal
sexual contact of a minor in the third degree consists of all criminal sexual
contact of a minor perpetrated:
(1) on
a child under thirteen years of age; or
(2) on
a child thirteen to eighteen years of age when:
(a) the
perpetrator is in a position of authority over the child and uses this
authority to coerce the child to submit;
(b) the
perpetrator uses force or coercion which results in personal injury to the
child;
(c) the
perpetrator uses force or coercion and is aided or abetted by one or more
persons; or
(d) the
perpetrator is armed with a deadly weapon.
Whoever
commits criminal sexual contact of a minor in the third degree is guilty of a
third degree felony for a sexual offense against a child.
D. Criminal
sexual contact of a minor in the fourth degree consists of all criminal sexual
contact:
(1) not
defined in Subsection C of this section, of a child thirteen to eighteen years
of age perpetrated with force or coercion; or
(2) of
a minor perpetrated on a child thirteen to eighteen years of age when the
perpetrator, who is a licensed school employee, an unlicensed school employee,
a school contract employee, a school health service provider or a school
volunteer, and who is at least eighteen years of age and is at least four years
older than the child and not the spouse of that child, learns while performing
services in or for a school that the child is a student in a school.
Whoever
commits criminal sexual contact in the fourth degree is guilty of a fourth
degree felony.
30-9-14.3.
Aggravated indecent exposure.
A. Aggravated
indecent exposure consists of a person knowingly and intentionally exposing his
primary genital area to public view in a lewd and lascivious manner, with the
intent to threaten or intimidate another person, while committing one or more
of the following acts or criminal offenses:
(1) exposure
to a child less than eighteen years of age;
(2) assault,
as provided in Section 30-3-1 NMSA 1978;
(3) aggravated
assault, as provided in Section 30-3-2 NMSA 1978;
(4) assault
with intent to commit a violent felony, as provided in Section 30-3-3 NMSA
1978;
(5) battery,
as provided in Section 30-3-4 NMSA 1978;
(6) aggravated
battery, as provided in Section 30-3-5 NMSA 1978;
(7) criminal
sexual penetration, as provided in Section 30-9-11 NMSA 1978;
or
(8) abuse
of a child, as provided in Section 30-6-1 NMSA 1978.
B. As
used in this section, "primary genital area" means the mons pubis,
penis, testicles, mons veneris, vulva or vagina.
C. Whoever
commits aggravated indecent exposure is guilty of a fourth degree
felony.
D. In
addition to any punishment provided pursuant to the provisions of this section,
the court shall order a person convicted for committing aggravated indecent
exposure to participate in and complete a program of professional counseling at
his own expense.
30-10-3.
Incest.
Incest
consists of knowingly intermarrying or having sexual intercourse with persons
within the following degrees of consanguinity: parents and children including
grandparents and grandchildren of every degree, brothers and sisters of the
half as well as of the whole blood, uncles and nieces, aunts and
nephews.
Whoever
commits incest is guilty of a third degree felony.
30-1-7. Degrees of felonies.
Felonies under the Criminal Code [30-1-1 NMSA 1978] are classified as follows:
A. capital felonies;
B. first degree felonies;
C. second degree felonies;
D. third degree felonies; and
E. fourth degree felonies.
A felony is a capital, first, second, third or fourth degree felony when it is so designated under the Criminal Code [30-1-1 NMSA 1978]. A crime declared to be a felony, without specification of degree, is a felony of the fourth degree.
30-1-8. Time limitations for commencing
prosecution.
No person shall be
prosecuted, tried or punished in any court of this state unless the indictment
is found or information or complaint is filed therefore within the time as
provided:
A. for a second degree
felony, within six years from the time the crime was committed;
B. for a third or fourth
degree felony, within five years from the time the crime was committed;
C. for a misdemeanor,
within two years from the time the crime was committed;
D. for a petty misdemeanor,
within one year from the time the crime was committed;
E. for any crime against
or violation of Section 51-1-38 NMSA 1978, within three years from the time the
crime was committed;
F. for a felony pursuant
to Sections 7-1-72 or 7-1-73 NMSA 1978 or Section 4 of this 2005 act, within
five years from the time the crime was committed; provided that for a series of
crimes involving multiple filing periods within one calendar year, the
limitation shall begin to run on December 31 of the year in which the crimes
occurred;
G. for any crime not
contained in the Criminal Code [30-1-1 NMSA 1978] or where a limitation is not
otherwise provided for, within three years from the time the crime was
committed; and
H. for a capital felony
or a first degree violent felony, no limitation period shall exist and
prosecution for these crimes may commence at any time after the occurrence of
the crime.
30-1-9. Tolling of time limitation for
prosecution for crimes.
A. If after any crime has been committed the defendant shall conceal himself, or shall flee from or go out of the state, the prosecution for such crime may be commenced within the time prescribed in Section 1-8 [30-1-8 NMSA 1978], after the defendant ceases to conceal himself or returns to the state. No period shall be included in the time of limitation when the party charged with any crime is not usually and publicly a resident within the state.
B. When
(1) an indictment, information or
complaint is lost, mislaid or destroyed;
(2) the judgment is arrested;
(3) the indictment, information or complaint is
quashed, for any defect or reason; or
(4) the prosecution is dismissed because of
variance between the allegations of the indictment, information or complaint
and the evidence; and a new indictment, information or complaint is thereafter
presented, the time elapsing between the preferring of the first indictment,
information or complaint and the subsequent indictment, information or
complaint shall not be included in computing the period limited for the
prosecution of the crime last charged; provided that the crime last charged is
based upon and grows out of the same transaction upon which the original
indictment, information or complaint was founded, and the subsequent indictment,
information or complaint is brought within five years from the date of the
alleged commission of the original crime.
30-1-9.1. Offenses against children; tolling of
statute of limitations.
The applicable time period for commencing prosecution pursuant to Section 30-1-8 NMSA 1978 shall not commence to run for an alleged violation of Section 30-6-1, 30-9-11 or 30-9-13 NMSA 1978 until the victim attains the age of eighteen or the violation is reported to a law enforcement agency, whichever occurs first.
30-1-9.2. Criminal sexual penetration; tolling
of statute of limitations.
A. When DNA evidence is available and a suspect has not been identified, the applicable time period for commencing a prosecution pursuant to Section 30-1-8 NMSA 1978 shall not commence to run for an alleged violation of Section 30-9-11 NMSA 1978 until a DNA profile is matched with a suspect.
B. As used in
this section, "DNA" means deoxyribonucleic acid."
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Revised
11/06