Section 30-9-20 – Voyeurism prohibited; penalties.
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 […]
Section 30-9-21 – Sexual assault survivor’s bill of rights.
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 […]
Section 30-9-14 – Indecent exposure.
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 […]
Section 30-9-14.1 – Indecent dancing.
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 […]
Section 30-9-14.2 – Indecent waitering.
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 […]
Section 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 […]
Section 30-9-15 – Corroboration.
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, […]
Section 30-9-16 – Testimony; limitations; in camera hearing.
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 […]
Section 30-9-17 – Videotaped depositions of alleged victims who are under sixteen years of age; procedure; use in lieu of direct testimony.
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 […]
Section 30-9-17.1 – Victims; polygraph examinations; prohibited actions.
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 […]