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 of the Criminal Code; or B. having possession of a child under […]
As used in Sections 30-9-10 through 30-9-16 NMSA 1978: A. “force or coercion” means: (1) the use of physical force or physical violence; (2) the use of threats to use physical violence or physical force against the victim or another when the victim believes that there is a present ability to execute the threats; (3) […]
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 […]
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 […]
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 […]
A. Indecent exposure consists of a person knowingly and intentionally exposing his primary genital area to public view. B. As used in this section, “primary genital area” means the mons pubis, penis, testicles, mons veneris, vulva or vagina. C. Whoever commits indecent exposure is guilty of a misdemeanor. D. In addition to any punishment provided […]
Indecent dancing consists of a person knowingly and intentionally exposing his intimate parts to public view while dancing or performing in a licensed liquor establishment. “Intimate parts” means the mons pubis, penis, testicles, mons veneris, vulva, female breast or vagina. As used in this section, “female breast” means the areola, and “exposing” does not include […]
Indecent waitering consists of a person knowingly and intentionally exposing his intimate parts to public view while serving beverage or food in a licensed liquor establishment. “Intimate parts” means the mons pubis, penis, testicles, mons veneris, vulva, female breast or vagina. As used in this section, “female breast” means the areola and “exposing” does not […]
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 […]
The testimony of a victim need not be corroborated in prosecutions under Sections 2 through 5 [30-9-11 to 30-9-14 NMSA 1978] of this act and such testimony shall be entitled to the same weight as the testimony of victims of other crimes under the Criminal Code. History: 1953 Comp., § 40A-9-25, enacted by Laws 1975, […]
A. As a matter of substantive right, in prosecutions pursuant to the provisions of Sections 30-9-11 through 30-9-15 NMSA 1978, evidence of the victim’s past sexual conduct, opinion evidence of the victim’s past sexual conduct or of reputation for past sexual conduct, shall not be admitted unless, and only to the extent that the court […]
A. In any prosecution for criminal sexual penetration or criminal sexual contact of a minor, upon motion of the district attorney and after notice to the opposing counsel, the district court may, for a good cause shown, order the taking of a videotaped deposition of any alleged victim under the age of sixteen years. The […]
A law enforcement officer, prosecuting attorney or other government official shall not ask or require an adult, youth or child victim of a sexual offense provided in Sections 30-9-11 through 30-9-13 NMSA 1978 to submit to a polygraph examination or other truth-telling device as a condition for proceeding with the investigation, charging or prosecution of […]
In any prosecution for criminal sexual penetration or criminal sexual contact of a minor, if the alleged victim is under thirteen years of age, the court may hold an evidentiary hearing to determine whether to order a psychological evaluation of the alleged victim on the issue of competency as a witness. If the court determines […]
A. By October 1, 2017, every law enforcement agency shall develop and implement a policy that: (1) prescribes how the agency handles a sample of biological material collected pursuant to a medical examination of a sexual assault victim who reported the sexual assault to law enforcement that is received by the agency; (2) provides how […]
Prostitution consists of knowingly engaging in or offering to engage in a sexual act for hire. As used in this section “sexual act” means sexual intercourse, cunnilingus, fellatio, masturbation of another, anal intercourse or the causing of penetration to any extent and with any object of the genital or anal opening of another, whether or […]
A. Voyeurism consists of intentionally using the unaided eye to view or intentionally using an instrumentality to view, photograph, videotape, film, webcast or record the intimate areas of another person without the knowledge and consent of that person: (1) while the person is in the interior of a bedroom, bathroom, changing room, fitting room, dressing […]
A. A health care provider who examines and collects a sexual assault examination kit from a survivor of sexual assault shall: (1) obtain contact information for the survivor; (2) provide the survivor with: (a) a consent form by which the survivor may authorize the release of the kit to the relevant law enforcement agency and […]
Patronizing prostitutes consists of: A. entering or remaining in a house of prostitution or any other place where prostitution is practiced, encouraged or allowed with intent to engage in a sexual act with a prostitute; or B. knowingly hiring or offering to hire a prostitute, or one believed by the offeror to be a prostitute, […]
Promoting prostitution consists of any person, acting other than as a prostitute or patron of a prostitute: A. knowingly establishing, owning, maintaining or managing a house of prostitution or a place where prostitution is practiced, encouraged or allowed, or participating in the establishment, ownership, maintenance or management thereof; B. knowingly entering into any lease or […]
