reglab/housing_qa huggingface dataset:
NM Stat § 30-37-3 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 37 - Sexually Oriented Material Harmful to Minors|Section 30-37-3 - Offenses; motion pictures; plays.

It is unlawful for any person knowingly to exhibit to a minor or knowingly to provide to a minor an admission ticket or pass or knowingly to admit a minor to premises whereon there is exhibited a motion picture, show or other presentation which, in whole or in part, depicts nudity, sexual conduct or sado-masochistic abuse and which is harmful to minors. History: 1953 Comp., § 40-50-3, enacted by Laws 1973, ch. 257, § 3. ANNOTATIONSLack of essential element in jury instruction resulted in fundamental error. — Where defendant was charged with unlawful exhibition of motion pictures to a minor pursuant to the Sexually Oriented Material Harmful to Minors Act (Act), in which the State was required to prove that defendant knowingly exhibited a motion picture, the exhibition was to a minor, the motion picture depicts, in whole or in part, nudity, sexual conduct or sado-masochistic abuse, and the motion picture is harmful to minors, but where the state failed to include "harmful to minors" as a separate element of the offense and failed to provide to the jury the definitions of "nudity" or "harmful to minors" as defined in the Act, a rational jury could not find that the motion picture was harmful to minors, an essential element of the offense. The district court therefore fundamentally erred in instructing the jury on the charge of unlawful exhibition of motion pictures to a minor. State v. Luna, 2018-NMCA-025, cert. denied. No bar to retrying defendant where there was sufficient evidence of unlawful exhibition of motion pictures to a minor. — Where defendant was tried and convicted on the charge of unlawful exhibition of motion pictures to a minor pursuant to the Sexually Oriented Material Harmful to Minors Act (Act), but where the district court erred in instructing the jury on the charged offense, the state was not barred from retrying defendant on that count, because there was sufficient evidence of the charged offense based on evidence that defendant showed the nine-year-old child a movie that depicted female nudity, material which lay jurors may consider harmful to minors. State v. Luna, 2018-NMCA-025, cert. denied.
NM Stat § 30-37-3.1 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 37 - Sexually Oriented Material Harmful to Minors|Section 30-37-3.1 - Outdoor theaters; offenses.

A. It is unlawful for the owner or operator of an outdoor motion picture theater to show or exhibit any motion picture which in whole or in part depicts unclothed sexual conduct in an outdoor theater unless the exhibitor can prove that the outdoor screen on which the picture is to be shown cannot be seen by any minor who has not taken extraordinary measures to view the screen or who is not within the area provided for those persons who have been admitted by a ticket or pass. B. As used in this section, "unclothed sexual conduct" means an act of masturbation, homosexuality, sodomy, sexual intercourse or physical contact with a person's unclothed genitals, pubic area or buttocks. C. The notice provisions of Section 30-37-4 NMSA 1978 shall not apply to this section. History: Laws 1983, ch. 152, § 2.
NM Stat § 30-37-3.3 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 37 - Sexually Oriented Material Harmful to Minors|Section 30-37-3.3 - Criminal sexual communication with a child; penalty.

A. Criminal sexual communication with a child consists of a person knowingly and intentionally communicating directly with a specific child under sixteen years of age by sending the child obscene images of the person's intimate parts by means of an electronic communication device when the perpetrator is at least four years older than the child. B. Whoever commits sexual communication with a child is guilty of a fourth degree felony. C. As used in this section: (1) "electronic communication device" means a computer, video recorder, digital camera, fax machine, telephone, pager or any other device that can produce an electronically generated image; and (2) "intimate parts" means the primary genital area, groin, buttocks, anus or breast. History: Laws 2007, ch. 67, § 1. ANNOTATIONSEffective dates. — Laws 2007, ch. 67, § 2, made the section effective July 1, 2007. Criminal sexual communication with a child may be committed by delivering the electronic communication device directly to the child. — This section requires a person to knowingly and intelligently communicate directly with a specific child; the element of communicating directly with a child by means of an electronic communication device may occur through a third-party carrier such as social media, internet forums and message boards, online file-sharing services, text message, or email, and it may also occur by delivering the electronic communication device containing the obscene images directly to the child, so where defendant recorded himself nude and masturbating, saved the files to a digital memory card, placed the memory card in a cell phone which he handed directly to the child victim, claiming that there was a surprise for her on the phone, defendant's actions constituted the crime of criminal sexual communication with a child. State v. Tufts, 2016-NMSC-020, rev'g 2015-NMCA-075, 355 P.3d 32. Hand-delivery of obscene images not covered by statute. — Where defendant transferred obscene images of his intimate parts onto a digital memory card and then physically placed the memory card in the child-victim's cell phone, and where the obscene images were never transferred through the cell phone network or transmitted electronically, defendant was wrongly charged and convicted of 30-37-3.3 NMSA 1978, because defendant's conduct did not constitute "sending" by means of an electronic communication device. State v. Tufts, 2015-NMCA-075, cert. granted, 2015-NMCERT-006.
NM Stat § 30-37-5 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 37 - Sexually Oriented Material Harmful to Minors|Section 30-37-5 - Exclusions; defenses.

No person shall be guilty of violating the provisions of this act: A. where such person had reasonable cause to believe that the minor involved had reached his eighteenth birthday, and such minor exhibited to such person a draft card, driver's license, birth certificate or other official or apparently official document purporting to establish that such minor had reached his eighteenth birthday; or B. if the minor was accompanied by his parent or guardian, or the parent or guardian has in writing waived the application of this act either generally or with reference to the particular transaction; or C. where such person had reasonable cause to believe that the person was the parent or guardian of the minor; or D. where such person is a bona fide school, museum or public library, or is acting in his capacity as an employee of such organization, or as a retail outlet affiliated with and serving the educational purposes of such organization. History: 1953 Comp., § 40-50-5, enacted by Laws 1973, ch. 257, § 5. ANNOTATIONSCompiler's notes. — The term "this act" means Laws 1973, Chapter 257, which appears as 30-37-1, 30-37-2, 30-37-3, 30-37-4 to 30-37-8 NMSA 1978.
NM Stat § 30-37-6 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 37 - Sexually Oriented Material Harmful to Minors|Section 30-37-6 - Offenses by minor.

A. It is unlawful for any minor to falsely represent to any person mentioned in Section 2 or Section 3 [30-37-2 or 30-37-3 NMSA 1978] of this act, or to his agent, that such minor has reached his eighteenth birthday, with the intent to procure any material set forth in Section 2 of this act, or with the intent to procure such minor's admission to any motion picture, show or other presentation, as set forth in Section 3 of this act. B. It is unlawful for any person to knowingly make a false representation to any person mentioned in Section 2 or Section 3 of this act, or to his agent, that he is the parent or guardian of any minor, or that any minor has reached his eighteenth birthday, with the intent to procure any material set forth in Section 2 of this act, or with the intent to procure such minor's admission to any motion picture, show or other presentation, as set forth in Section 3 of this act. History: 1953 Comp., § 40-50-6, enacted by Laws 1973, ch. 257, § 6.
NM Stat § 30-37-7 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 37 - Sexually Oriented Material Harmful to Minors|Section 30-37-7 - Penalties.

A. A person violating Section 30-37-2, 30-37-2.1, 30-37-3 or 30-37-3.1 NMSA 1978 is guilty of a misdemeanor. B. Any person violating the provisions of Section 30-37-6 NMSA 1978 shall be guilty of a petty misdemeanor. History: 1953 Comp., § 40-50-7, enacted by Laws 1973, ch. 257, § 7; 1983, ch. 152, § 3; 1985, ch. 13, § 2. ANNOTATIONSCross references. — For sentencing for misdemeanors, see 31-19-1 NMSA 1978.
NM Stat § 30-37-8 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 37 - Sexually Oriented Material Harmful to Minors|Section 30-37-8 - Uniform application.

In order to provide for the uniform application of this act to all minors within this state, it is intended that the sole and only regulation of the sale, distribution or provision of any matter described in Section 2 [30-37-2 NMSA 1978], or admission to, or exhibition of, any performance described in Section 3 [30-37-3 NMSA 1978], shall be under this act, and no municipality, county or other governmental unit within this state shall make any law, ordinance or regulation relating to the sale, distribution or provision of any matter described in Section 2, or admission to any performance described in Section 3, including but not limited to criminal offenses, classification of suitable matter or performances for minors, or licenses or taxes respecting the sale, distribution, exhibition or provision of matter regulated under this act. All such laws, ordinances, regulations, taxes or licenses, whether enacted before or after this act, shall be or become void, unenforceable and of no effect upon the effective date of this act. History: 1953 Comp., § 40-50-8, enacted by Laws 1973, ch. 257, § 8. ANNOTATIONSCompiler's notes. — The term "this act" means Laws 1973, Chapter 257, which appears as 30-37-1, 30-37-2, 30-37-3, 30-37-4 to 30-37-8 NMSA 1978. "Effective date of this act". — The phrase "effective date of this act", referred to at the end of this section, means June 15, 1973, the effective date of Laws 1978, Chapter 257. Preemption by state. — So that there will be uniform application of the state plan regulating sexually oriented material harmful to minors, the state has preempted county and municipal regulation of the field. Am. Booksellers Ass'n v. Schiff, 649 F. Supp. 1009 (D.N.M. 1986), rev'd on other grounds, 868 F.2d 1199 (10th Cir. 1989). The state has preempted this field as far as it pertains to minors, and no county or municipality may enact ordinances on this subject matter. 1973 Op. Att'y Gen. No. 73-54. Sections 30-37-2 and 30-37-3 NMSA 1978 so fully cover the field that it is not conceivable that a county or municipal ordinance could be drafted that would not offend the prohibitions of this section. 1973 Op. Att'y Gen. No. 73-54. Powers retained by localities. — In enacting Laws 1973, ch. 257, the legislature intended for counties and municipalities to retain any grant of power they have to make ordinances in the obscenity field not inconsistent with the provisions of this section. 1973 Op. Att'y Gen. No. 73-54. Am. Jur. 2d, A.L.R. and C.J.S. references. — Motion pictures: exhibition of obscene motion pictures as nuisance, 50 A.L.R.3d 969. Validity of statutes or ordinances requiring sex-oriented businesses to obtain operating licenses, 8 A.L.R.4th 130.
NM Stat § 30-37-9 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 37 - Sexually Oriented Material Harmful to Minors|Section 30-37-9 - Legislative findings and purpose.

The legislature finds that children do not have the judgment necessary to protect themselves from harm and that the legislature has the inherent power to control commercial conduct within this state for the protection of minors in a manner that reaches beyond the scope of its authority to protect adults. The legislature also finds that regulation of content at outdoor theaters does not deprive adults from viewing that content at indoor theaters. History: Laws 1983, ch. 152, § 1.
NM Stat § 30-37-10 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 37 - Sexually Oriented Material Harmful to Minors|Section 30-37-10 - Offenses; certain tie-in arrangements unlawful.

A. It is unlawful for any person offering for sale, selling or distributing books, magazines or other printed material to require, as a condition for any such sale or delivery, that the purchaser or receiver of the delivery purchase or accept the delivery of any other book, magazine or other printed matter which contains sexually oriented material harmful to minors as defined in Subsection F of Section 30-37-1 NMSA 1978. Nothing in this subsection prohibits the sale or purchase on a voluntary basis of books, magazines or other printed material containing sexually oriented material. B. Any person violating the provisions of Subsection A of this section shall be guilty of a misdemeanor. History: Laws 1985, ch. 134, § 1. ANNOTATIONSCross references. — For sentencing for petty misdemeanors, see 31-19-1 NMSA 1978.
NM Stat § 30-37A-1 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 37A - Unauthorized Distribution of Sensitive Images|Section 30-37A-1 - Unauthorized distribution of sensitive images; penalties.

A. Unauthorized distribution of sensitive images consists of distributing, publishing or otherwise making available, by an electronic communications device or other means, sensitive images of a person, with or without information identifying that person, without that person's consent: (1) with the intent to: (a) harass, humiliate or intimidate that person; (b) incite another to harass, humiliate or intimidate that person; (c) cause that person to reasonably fear for that person's own or family members' safety; (d) cause that person to suffer unwanted physical contact or injury; or (e) cause that person to suffer substantial emotional distress; and (2) where the conduct is such that it would cause a reasonable person to suffer substantial emotional distress. B. For the purpose of this section: (1) "electronic communications device" means a computer, an internet web site or page, a video recorder, a digital camera, a fax machine, a telephone, a cellular telephone, a pager or any other device that can produce an electronically generated image, message or signal; (2) "information service" means a service offering the capability of generating, acquiring, storing, transforming, processing, publishing, retrieving, utilizing or making available information; (3) "interactive computer service" means any information service, system or access software provider that provides or enables computer access by multiple users; (4) "intimate act" has the same meaning as "sexual act", as that term is defined in Section 30-9-2 NMSA 1978; (5) "sensitive images" means images, photographs, videos or other likenesses depicting or simulating an intimate act or depicting any portion of a person's genitals, or of a woman's breast below the top of the areola, that is either uncovered or visible through less-than-fully opaque clothing, which images may reasonably be considered to be private, intimate or inappropriate for distribution or publication without that person's consent; and (6) "telecommunications provider" has the same meaning as set forth in Section 63-7-23 NMSA 1978. C. Whoever commits unauthorized distribution of sensitive images is guilty of a misdemeanor. Upon a second or subsequent conviction, the offender is guilty of a fourth degree felony. D. Nothing in this section shall be construed to impose liability on: (1) an interactive computer service, an information service or a telecommunications provider for content provided by another person; or (2) a person who reproduces, distributes, exhibits, publishes, transmits or otherwise disseminates content in furtherance of a legitimate public purpose, including the compilation or dissemination of news by newspapers and licensed broadcasters. History: Laws 2015, ch. 42, § 1. ANNOTATIONSEffective dates. — Laws 2015, ch. 42, § 2 made Laws 2015, ch. 42, § 1 effective July 1, 2015.
NM Stat § 30-38-1 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 38 - Exhibiting Obscene Films Outdoors|Section 30-38-1 - Outdoor motion picture theatres; prohibited from showing obscene films.

A. It is unlawful for the owner or operator of an outdoor motion picture theatre to exhibit any obscene film in an outdoor theatre. B. For purposes of this section, "obscene film" means a film that: (1) the average person applying contemporary community standards would find that, when considered or taken as a whole, appeals to the prurient interests; (2) the material depicts or describes sexual conduct in a patently offensive way by representations of ultimate sexual acts, normal or perverted, actual or simulated; masturbation, excretory functions or lewd exhibitions of the genitals of oneself or another; tactile stimulation of the genitals of oneself or another; and (3) the work when considered or taken as a whole lacks serious literary, artistic, political or scientific value. C. It is unlawful for any person to violate the provisions of Subsection A of this section. In the event a person violates the provisions of Subsection A of this section any representative of the local government involved may, upon notice to the offending person, seek an injunction in the district court to enjoin the showing of the offending film. History: 1953 Comp., § 49-5-23, enacted by Laws 1977, ch. 241, § 1. ANNOTATIONSCross references. — For issuance of injunctions, see Rules 1-065 and 1-066 NMRA. Am. Jur. 2d, A.L.R. and C.J.S. references. — Validity and application of statute authorizing forfeiture of use or closure of real property from which obscene materials have been disseminated or exhibited, 25 A.L.R.4th 395.
NM Stat § 30-38-2 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 38 - Exhibiting Obscene Films Outdoors|Section 30-38-2 - Applicability.

The provisions of Section 1 [30-38-1 NMSA 1978] of this act shall only be enforced in those political subdivisions that have adopted by ordinance the provisions of Section 1 of this act. Any ordinance that has been adopted by a political subdivision that is in conflict with the provisions of Section 1 of this act shall be void. In the event a county adopts by ordinance the provisions of Section 1 of this act, those provisions shall not be enforceable by the county within the territorial boundaries of any incorporated municipality located in the county. History: 1953 Comp., § 49-5-24, enacted by Laws 1977, ch. 241, § 2.
NM Stat § 30-39-1 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 39 - False Reporting|Section 30-39-1 - False report; penalty.

It is unlawful for any person to intentionally make a report to a law enforcement agency or official, which report he knows to be false at the time of making it, alleging a violation by another person of the provisions of the Criminal Code [30-1-1 NMSA 1978]. Any person violating the provisions of this section is guilty of a misdemeanor. History: Laws 1979, ch. 145, § 1. ANNOTATIONSIntent. — Section 30-39-1 NMSA 1978 refers to a false accusation of another. The purpose for making a false report is immaterial. The act alone is unlawful, and it is a misdemeanor offense. But when a false report is given which not only interrupts or hinders official investigation or activity, but is done with the opprobrious intention of aiding an offender to escape the criminal process, that intentional conduct rises to the magnitude of a felony. State v. Rogers, 1980-NMCA-059, 94 N.M. 527, 612 P.2d 1338, cert. denied, 94 N.M. 629, 614 P.2d 546. Applicability. — By its plain language, this section applies only if a person falsely alleges a criminal violation by someone other than the person making the allegation. The statute does not apply to situations where an individual falsely assumes the responsibility for a criminal offense. State v. Gardner, 1991-NMCA-058, 112 N.M. 280, 814 P.2d 458, cert. denied, 112 N.M. 235, 814 P.2d 103.
NM Stat § 30-40-1 (2021)
2021 New Mexico Statutes|Chapter 30 - Criminal Offenses|Article 40 - Public Assistance|Section 30-40-1 - Failing to disclose facts or change of circumstances to obtain public assistance.

A. Failing to disclose facts or change of circumstances to obtain public assistance consists of a person knowingly failing to disclose a material fact known to be necessary to determine eligibility for public assistance or knowingly failing to disclose a change in circumstances for the purpose of obtaining or continuing to receive public assistance to which the person is not entitled or in amounts greater than that to which the person is entitled. B. Whoever commits failing to disclose facts or change of circumstances to obtain public assistance when the value of the assistance wrongfully received is two hundred fifty dollars ($250) or less in any twelve consecutive months is guilty of a petty misdemeanor. C. Whoever commits failing to disclose facts or change of circumstances to obtain public assistance when the value of the assistance wrongfully received is more than two hundred fifty dollars ($250) but not more than five hundred dollars ($500) in any twelve consecutive months is guilty of a misdemeanor. D. Whoever commits failing to disclose facts or change of circumstances to obtain public assistance when the value of the assistance wrongfully received is more than five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500) in any twelve consecutive months is guilty of a fourth degree felony. E. Whoever commits failing to disclose facts or change of circumstances to obtain public assistance when the value of the assistance wrongfully received is more than two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000) in any twelve consecutive months is guilty of a third degree felony. F. Whoever commits failing to disclose facts or change of circumstances to obtain public assistance when the value of the assistance wrongfully received exceeds twenty thousand dollars ($20,000) in any twelve consecutive months is guilty of a second degree felony. History: Laws 1979, ch. 170, § 1; 1987, ch. 121, § 12; 2006, ch. 29, § 18. ANNOTATIONSThe 2006 amendment, effective July 1, 2006, increased the value of the assistance in Subsection B from $100 to $250; increased the value of the assistance in Subsection C from more than $100, but not more than $250, and to more than $250, but not more than $500; increased the value of the assistance in Subsection D from more than $250 to more than $500; and provided in Subsections E and F that the value of the assistance is measured in a twelve consecutive month period. ANNOTATIONS This section is not unconstitutionally vague. State v. Fleming, 2006-NMCA-149, 140 N.M. 797, 149 P.3d 113, cert. denied, 2006-NMCERT-012, 141 N.M. 104, 151 P.3d 65. The term "public assistance" includes public housing benefits. State v. Fleming, 2006-NMCA-149, 140 N.M. 797, 149 P.3d 113, cert. denied, 2006-NMCERT-012, 141 N.M. 104, 151 P.3d 65.