reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 9 - Sexual Offenses › Section 30-9-2 - Prostitution.

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 not there is any emission.
Whoever commits prostitution is guilty of a petty misdemeanor, unless such crime is a second or subsequent conviction, in which case such person is guilty of a misdemeanor.
History:
1953 Comp., § 40A-9-11, enacted by Laws 1963, ch. 303, § 9-11; 1981, ch. 233, § 1; 1989, ch. 132, § 1.
ANNOTATIONS
The 1989 amendment,
effective June 16, 1989, substituted "a sexual act" for "sexual penetration" in the first and second paragraphs, and inserted "masturbation of another" in the second paragraph.
Constitutionality.
— This section does not violate the equal protection clause of the fourteenth amendment of the United States constitution or the equal rights amendment of the New Mexico constitution.
State v. Sandoval
, 1982-NMCA-091, 98 N.M. 417, 649 P.2d 485.
"Masturbation" construed.
— A jury instruction defining masturbation to include erotic stimulation of the genital organs by the alternative means of "sexual fantasies" extended the scope of criminal conduct prohibited by this section and constituted reversible error.
State v. Mayfield
, 1995-NMCA-077, 120 N.M. 198, 900 P.2d 358.
Possession of woman for unlawful purposes.
— The having in possession of a woman for purposes of unlawful sexual intercourse was criminal.
State v. Chenault
, 1915-NMSC-024, 20 N.M. 181, 147 P. 283 (decided under prior law).
Law reviews.
— For symposium, "The Impact of the Equal Rights Amendment on the New Mexico Criminal Code," see 3 N.M.L. Rev. 106 (1973).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 63A Am. Jur. 2d Prostitution §§ 1 to 30.
Entrapment defense in sex offense prosecutions, 12 A.L.R.4th 413.
Laws prohibiting or regulating "escort services," "outcall entertainment" or similar services used to carry on prostitution, 15 A.L.R.5th 900.
73 C.J.S. Prostitution and Related Offenses §§ 2 to 20.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 9 - Sexual Offenses › Section 30-9-3 - Patronizing prostitutes.

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, to engage in a sexual act with the actor or another.
As used in this section, "a 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 an anal opening of another whether or not there is any emission.
Whoever commits patronizing prostitutes is guilty of a petty misdemeanor, unless such crime is a second or subsequent conviction, in which case such person is guilty of a misdemeanor.
History:
1953 Comp., § 40A-9-12, enacted by Laws 1963, ch. 303, § 9-12; 1981, ch. 233, § 2; 1989, ch. 132, § 2.
ANNOTATIONS
The 1989 amendment,
effective June 16, 1989, substituted "a sexual act" for "sexual penetration" throughout the section, in Subsection B inserted "or one believed by the offeror to be a prostitute", inserted "masturbation of another" in the next-to-last undesignated paragraph, and substituted "an anal" for "oral" in the next-to-last undesignated paragraph.
Law reviews.
— For symposium, "The Impact of the Equal Rights Amendment on the New Mexico Criminal Code," see 3 N.M.L. Rev. 106 (1973).
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 9 - Sexual Offenses › Section 30-9-4.1 - Accepting earnings of a prostitute.

Accepting the earnings of a prostitute consists of accepting, receiving, levying or appropriating money or anything of value, without consideration, from the proceeds of the earnings of a person engaged in prostitution with the knowledge that the person is engaged in prostitution and that the earnings are derived from engaging in prostitution, or knowingly owning or knowingly managing a house or other place where prostitution is practiced or allowed and living or deriving support or maintenance, in whole or in part, from the earnings or proceeds of a person engaged in prostitution at that house or place.
Whoever commits accepting the earnings of a prostitute is guilty of a fourth degree felony.
History:
Laws 1981, ch. 233, § 4.
ANNOTATIONS
Sufficient evidence to support conviction.
— Where defendant was convicted of human trafficking, promoting prostitution, accepting earnings from a prostitute, contributing to the delinquency of a minor, and conspiracy, defendant's conviction for accepting earnings of a prostitute was supported by substantial evidence where trial testimony from the victim established that defendant knew that the victim was engaged in prostitution and that the victim gave defendant money she received as a result of various sexual transactions.
State v. Jackson
, 2018-NMCA-066, cert. denied.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 63A Am. Jur. 2d Prostitution §§ 24 to 26.
73 C.J.S. Prostitution §§ 17, 18.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 9 - Sexual Offenses › Section 30-9-5 - Order for medical examination and treatment.

In addition to its general sentencing authority, the court may order any defendant convicted of prostitution or patronizing prostitutes to be examined for venereal disease and shall sentence any diseased defendant to submit to medical treatment until he is discharged from treatment as noninfectuous [noninfectious]. If the defendant is without funds to pay for medical treatment, it shall be provided by the state department of public health [department of health].
History:
1953 Comp., § 40A-9-14, enacted by Laws 1963, ch. 303, § 9-14.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Section 12-1-2, 1953 Comp. (Laws 1937, ch. 39, § 2), creating the state department of health, was repealed by Laws 1968, ch. 37, § 7. Laws 1968, ch. 37, § 3, (former 12-1-28, 1953 Comp.), transferred all powers, duties, etc. of the department of public health to the health and social services department, which department was abolished by Laws 1977, ch. 253, § 5. Section 4 of the 1977 act established the health and environment department, consisting of several divisions. Laws 1991, ch. 25, § 16 repealed former 9-7-4 NMSA 1978, relating to the health and environment department, and enacted a new 9-7-4 NMSA 1978, creating the department of health.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 9 - Sexual Offenses › Section 30-9-6 - Testimony of witnesses to prostitution and lewdness.

In any investigation, proceeding, preliminary hearing or trial before any court, magistrate or grand jury concerning a violation of or an attempt to commit any crime in violation of Sections 9-11, 9-12 and 9-13 [30-9-2, 30-9-3 and 30-9-4 NMSA 1978] of this article, no person shall be excused from giving testimony or producing documentary or other evidence material to such investigation, proceeding, preliminary hearing or trial on the ground that the testimony or evidence required of him is incriminating evidence; provided that, any person who is so subpoenaed and ordered to testify or produce evidence concerning such crimes shall be immune to prosecution or conviction for any violation of such crimes about which he may testify.
History:
1953 Comp., § 40A-9-15, enacted by Laws 1963, ch. 303, § 9-15.
ANNOTATIONS
Cross references.
— For protection against self-incrimination,
see
N.M. Const., art. II, § 15.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 9 - Sexual Offenses › Section 30-9-7 - Evidence.

In any proceeding under Article 9 [30-9-1 to 30-9-9 NMSA 1978] or action to abate a public nuisance under Article 8 [30-8-1 to 30-8-4, 30-8-8 to 30-8-13 NMSA 1978], testimony about the following circumstances is admissible in evidence:
A. the general reputation of the place;
B. the reputation of the persons who reside in or frequent the place;
C. the frequency, timing and length of visits by nonresidents; and
D. prior convictions of the defendant or persons who reside in or frequent the place under Sections 9-11, 9-12 and 9-13 [30-9-2, 30-9-3 and 30-9-4 NMSA 1978] of this article or Sections 40-34-1 through 40-34-5 New Mexico Statutes Annotated, 1953 Compilation, or of any other offense of like nature wherever committed.
History:
1953 Comp., § 40A-9-16, enacted by Laws 1963, ch. 303, § 9-16.
ANNOTATIONS
Cross references.
— For general rule on admissibility of evidence of other crimes,
see
Paragraph B of Rule 11-404 NMRA.
Compiler's notes.
— Sections 40-34-1 through 40-34-5, 1953 Comp., relating to prostitution, which are referred to in Subsection D, were repealed by Laws 1963, ch. 303, § 30-1.
Proof not restricted.
— Evidence by which an establishment might be proved a house of prostitution was not limited to a proof of facts mentioned in statute.
Territory v. McGrath
, 1911-NMSC-026, 16 N.M. 202, 114 P. 364.
Admissibility of prior conviction.
— Proof of a prior conviction for keeping a house of prostitution should have been restricted to a conviction previously had under the provisions of current act (Laws 1921, ch. 69) and not of a prior act.
State v. Snyder
, 1923-NMSC-022, 28 N.M. 388, 212 P. 736 (decided under prior law).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 24 Am. Jur. 2d Disorderly Houses §§ 29 to 32; 63A Am. Jur. 2d Prostitution § 28.
Admissibility, in prosecution for sexual offense, of evidence of other similar offense, 77 A.L.R.2d 841, 2 A.L.R.4th 330.
Admissibility, at criminal prosecution, of expert testimony on rape trauma syndrome, 42 A.L.R.4th 879.
Admissibility of expert testimony as to criminal defendant's propensity toward sexual deviation, 42 A.L.R.4th 937.
Admissibility, in rape case, of evidence that accused raped, or attempted to rape person other than prosecutrix - prior offenses, 86 A.L.R.5th 59.
Admissibility, in rape case, of evidence that accused raped or attempted to rape person other then prosecutrix - subsequent acts, 87 A.L.R.5th 181.
Admissibility, in rape case, of evidence that accused raped, or attempted to rape, person other than prosecutrix - offenses unspecified as to time, 88 A.L.R.5th 429.
27 C.J.S. Disorderly Houses § 14 (1-5); 73 C.J.S. Prostitution and Related Offenses § 6.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 9 - Sexual Offenses › Section 30-9-8 - House of prostitution; public nuisance.

As used in this section "house of prostitution" means a building, enclosure or place that is used for the purpose of prostitution as that crime is defined in Section 30-9-2 NMSA 1978. A house of prostitution is a public nuisance per se.
History:
1953 Comp., § 40A-9-17, enacted by Laws 1963, ch. 303, § 9-17; 1989, ch. 114, § 2.
ANNOTATIONS
Cross references.
— For abatement of public nuisance,
see
30-8-8 NMSA 1978.
The 1989 amendment,
effective March 28, 1989, added the first sentence.
Criminal proceeding.
— Former statute providing for injunction and abatement of nuisance and forfeiture of premises on proof that lewdness, assignation or prostitution existed was criminal in nature and the complaint was an action in the nature of a criminal proceeding.
State ex rel. Murphy v. Morley
, 1957-NMSC-087, 63 N.M. 267, 317 P.2d 317.
Crime not enjoinable as such.
— Where a ground of equitable jurisdiction to enjoin otherwise exists, the claim to such relief is not to be denied merely because the act complained of constitutes a crime, but a crime may not in and of itself be made an independent ground for injunction; hence, trial court could not extend authority of its restraint against defendant from maintaining a certain premises for purposes of lewdness, assignation or prostitution throughout entire county, and its attempt to do so fell squarely within the interdiction that equity may not be employed to forestall the commission of a crime.
State v. Robertson
, 1957-NMSC-060, 63 N.M. 74, 313 P.2d 342.
Sufficiency of complaint.
— Where the nuisance complained of is a nuisance per se, and denounced as such in the statute, it is sufficient for the complaint to allege its existence in the language of the statute.
State v. Robertson
, 1957-NMSC-060, 63 N.M. 74, 313 P.2d 342.
Bond as enforcement device.
— A trial judge has both the statute and the discretion inherent in his broad equitable powers to draw upon in providing means for the enforcement of order restraining defendant, from using, occupying or maintaining a certain premises for purposes of lewdness, assignation or prostitution, by requiring a bond of defendant, so long as its effect is confined to the premises in question.
State v. Robertson
, 1957-NMSC-060, 63 N.M. 74, 313 P.2d 342.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Validity of statutes or ordinances requiring sex-oriented businesses to obtain operating licenses, 8 A.L.R.4th 130.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 9 - Sexual Offenses › Section 30-9-9 - Remedy of lessor.

If the lessee of property has been convicted of using it as a house of prostitution, or if the property has been adjudged to constitute a public nuisance for that reason, the lease by which the property is held is voidable by the lessor. The lessor shall have the same remedies for regaining possession as in the case of a tenant holding over his term.
History:
1953 Comp., § 40A-9-18, enacted by Laws 1963, ch. 303, § 9-18.
ANNOTATIONS
Cross references.
— For provisions on forcible entry and unlawful detainer,
see
35-10-1 NMSA 1978 et seq.
For Uniform Owner-Resident Relations Act,
see
47-8-1 NMSA 1978.
Recovery of rent barred.
— Where building was leased with intent that it be used as a house of prostitution, and the house was so used, the lessor could not recover rent.
McRae v. Cassan
, 1910-NMSC-038, 15 N.M. 496, 110 P. 574.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 9 - Sexual Offenses › 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 any act in which the intimate part is covered by any nontransparent material.
Whoever commits indecent dancing is guilty of a petty misdemeanor.
A liquor licensee, his transferee or their lessee or agent who allows indecent dancing on the licensed premises is guilty of a petty misdemeanor and his license may be suspended or revoked pursuant to the provisions of the Liquor Control Act [60-3A-1 NMSA 1978].
History:
Laws 1979, ch. 403, § 1; 1981, ch. 41, § 1.
ANNOTATIONS
Constitutionality.
— The state's regulatory power under the twenty-first amendment outweighs any first amendment interest in nude dancing and therefore this section is constitutional insofar as it applies to the prohibition of indecent dancing in licensed liquor establishments.
Nall v. Baca
, 1980-NMSC-138, 95 N.M. 783, 626 P.2d 1280.
Law reviews.
— For note, "Constitutional Law - Regulating Nude Dancing in Liquor Establishments - The Preferred Position of the Twenty-First Amendment - Nall v. Baca," see 12 N.M.L. Rev. 611 (1982).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Topless or bottomless dancing or similar conduct as offense, 49 A.L.R.3d 1084.
What constitutes "public place" within meaning of statutes prohibiting commission of sexual act in public place, 96 A.L.R.3d 692.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 9 - Sexual Offenses › 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 include any act in which the intimate part is covered by any nontransparent material.
Whoever commits indecent waitering is guilty of a petty misdemeanor.
A liquor licensee or his lessee or agent who allows indecent waitering on the licensed premises is guilty of a petty misdemeanor and his license may be suspended or revoked pursuant to the provisions of the Liquor Control Act [60-3A-1 NMSA 1978].
History:
Laws 1979, ch. 403, § 2; 1981, ch. 41, § 2.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— What constitutes "public place" within meaning of statutes prohibiting commission of sexual act in public place, 96 A.L.R.3d 692.
67 C.J.S. Obscenity § 5.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 9 - Sexual Offenses › 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 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.
History:
Laws 1996, ch. 84, § 2.
ANNOTATIONS
Effective dates.
— Laws 1996, ch. 84, § 3 makes the act effective on July 1, 1996.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Constitutionality of state statutes banning distribution of sexual devices, 94 A.L.R.5th 497.
What constitutes "public place" within meaning of state statute or local ordinance prohibiting indecency or commission of sexual act in public place, 95 A.L.R.5th 229.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 9 - Sexual Offenses › 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, ch. 109, § 6.
ANNOTATIONS
Compiler's notes.
— For case law requiring corroboration prior to enactment of this section,
see
notes under 30-9-11 NMSA 1978.
Weight of evidence.
— In prosecutions for criminal sexual penetration, the testimony of the victim need not be corroborated and lack of corroboration has no bearing on weight to be given to the testimony.
State v. Nichols
, 2006-NMCA-017, 139 N.M. 72, 128 P.3d 500;
State v. Hunter
, 1984-NMSC-017, 101 N.M. 5, 677 P.2d 618, cert. denied, 469 U.S. 838, 105 S. Ct. 137, 83 L. Ed. 2d 77 (1984).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 65 Am. Jur. 2d Rape §§ 94 to 99; 70A Am. Jur. 2d Sodomy §§ 70 to 76.
Modern status of admissibility, in forcible rape prosecution, of complainant's general reputation for unchastity, 95 A.L.R.3d 1181.
Modern status of rule regarding necessity for corroboration of victim's testimony in prosecution for sexual offense, 31 A.L.R.4th 120.
75 C.J.S. Rape § 78.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 9 - Sexual Offenses › 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 the offense. The victim's refusal to submit to a polygraph examination or other truth-telling device shall not prevent the investigation, charging or prosecution of the offense.
History:
Laws 2008, ch. 10, § 1.
ANNOTATIONS
Effective dates.
— Laws 2008, ch. 10, § 2 made this section effective July 1, 2008.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 9 - Sexual Offenses › Section 30-9-18 - Alleged victims who are under thirteen years of age; psychological evaluation.

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 that the issue of competency is in sufficient doubt that the court requires expert assistance, then the court may order a psychological evaluation of the alleged victim, provided however, that if a psychological evaluation is ordered it shall be conducted by only one psychologist or psychiatrist selected by the court who may be utilized by either or both parties; further provided that if the alleged victim has been evaluated on the issue of competency during the course of investigation by a psychologist or psychiatrist selected in whole or in part by law enforcement officials, the psychological evaluation, if any, shall be conducted by a psychologist or psychiatrist selected by the court upon the recommendation of the defense.
History:
Laws 1987, ch. 118, § 1.
ANNOTATIONS
Victim's past allegations against a third party.
— Where the trial court excluded evidence of the victim's past allegations against a third party which related to the victim's reputation for past sexual conduct, the victim made the allegations against the third party in the past; the circumstances of the prior incident in no way resembled the allegations that led to the charges against the defendant; the defendant did not show that the circumstances of the prior allegations were clearly relevant to any material issue in the defendant's case other than propensity; and the defendant did not show how the prior allegations related to the defendant's defense, the trial court properly excluded the evidence.
State v. Casillas
, 2009-NMCA-034, 145 N.M. 783, 205 P.3d 830, cert. denied, 2009-NMCERT-003, 146 N.M. 603, 213 P.3d 507.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Witnesses: child competency statutes, 60 A.L.R.4th 369.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 9 - Sexual Offenses › 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 room or tanning booth or the interior of any other area in which the person has a reasonable expectation of privacy; or
(2) under circumstances where the person has a reasonable expectation of privacy, whether in a public or private place.
B. Whoever commits voyeurism is guilty of a misdemeanor, except if the victim is less than eighteen years of age, the offender is guilty of a fourth degree felony.
C. As used in this section:
(1) "intimate areas" means the primary genital area, groin, buttocks, anus or breasts or the undergarments that cover those areas; and
(2) "instrumentality" means a periscope, telescope, binoculars, camcorder, computer, motion picture camera, digital camera, telephone camera, photographic camera or electronic device of any type.
History:
Laws 2007, ch. 238, § 1.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 238, § 2 made this section effective on July 1, 2007.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 9A - Animal Sexual Abuse › Section 30-9A-1 - Short title.

Chapter 30, Article 9A NMSA 1978 may be cited as the "Animal Sexual Abuse Act".
History:
1978 Comp., § 30-9A-1, enacted by Laws 2023, ch. 42, § 1.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 42 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 9A - Animal Sexual Abuse › Section 30-9A-2 - Definitions.

As used in the Animal Sexual Abuse Act:
A. "animal" means any wild or domestic fauna, including livestock, alive or dead, in any setting, that is not a human being;
B. "coerce" means the use of threat, physical force or violence against another person to commit an act of bestiality;
C. "manipulate" means the use of persuasion, extortion, retaliation, deceit or other acts not involving force or coercion to cause another person to commit an act of bestiality;
D. "orifice" means the mouth, vulva or anus;
E. "sexual contact with an animal" means:
(1) the intentional insertion of the genitals or mouth of an animal into an orifice of a human's body;
(2) the intentional insertion of the genitals or mouth of a human into an orifice of an animal's body;
(3) the intentional insertion of an object into the genitals or anus of an animal; and
(4) contact, handling or stimulation of the genitals or anus of an animal by a human.
"Sexual contact with an animal" does not include accepted veterinary medical practices; accepted animal husbandry, care and grooming practices in the caretaking of animals; accepted practices related to the insemination of animals for the purpose of procreation; or accepted practices related to conformation judging; and
F. "solicit" means to entice, induce, encourage or attempt to persuade another person to commit an act of bestiality.
History:
1978 Comp., § 30-9A-2, enacted by Laws 2023, ch. 42, § 2.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 42 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 9A - Animal Sexual Abuse › Section 30-9A-3 - Bestiality; aggravated bestiality; penalties.

A. Bestiality consists of a person engaging in sexual contact with an animal. A person who commits bestiality is guilty of a fourth degree felony.
B. Promoting bestiality consists of a person:
(1) coercing, soliciting or manipulating a human to commit bestiality; or
(2) selling or transferring, offering to sell or transfer, advertising for sale or transfer, purchasing or offering to purchase, possessing or otherwise obtaining an animal with the intent that the animal be used for bestiality.
A person who commits promoting bestiality is guilty of a fourth degree felony.
C. Aggravated bestiality consists of a person:
(1) committing bestiality or promoting bestiality in the presence of a minor; or
(2) committing bestiality or promoting bestiality in which a minor is a participant.
A person who commits aggravated bestiality is guilty of a third degree felony.
D. Emission by a human or animal is not required to prove sexual contact with an animal.
E. If a person has been convicted of a crime pursuant to this section, in addition to any other penalties, the sentencing court shall include in the judgment and sentence all of the following:
(1) that all animals under the direct care and control of the convicted person be seized and turned over to an agent of the New Mexico livestock board or to an animal control agency operated by the state or a local government or an animal shelter or other animal welfare organization designated by the animal control agency. The receiver of seized animals has the authority to determine the disposition of seized animals, but shall not return the animals to the convicted person; and
(2) that the convicted person shall not be allowed to own, possess, reside with or exercise control over any animal or engage in any occupation or profession, whether paid or unpaid, at any place where animals are kept or cared for, for a definite period not less than three years and not more than fifteen years; provided that the time the person spent in actual confinement serving a criminal sentence shall be excluded from the calculation of the definite period.
F. If a person has been convicted of a crime pursuant to this section, in addition to criminal penalties and other penalties specified in Subsection E of this section, the sentencing court may order:
(1) that the convicted person submit to a psychological assessment and participate in appropriate counseling; and
(2) that the convicted person pay restitution for incurred costs of veterinary care, boarding, food and other reasonable costs of care for an animal as a result of the crime.
G. A person shall not be convicted of a crime specified in this section if the person's sexual contact with an animal was coerced or manipulated.
History:
1978 Comp., § 30-9A-3, enacted by Laws 2023, ch. 42, § 3.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 42 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 10 - Marital and Familial Offenses › Section 30-10-1 - Bigamy.

Bigamy consists of knowingly entering into a marriage by or with a person who has previously contracted one or more marriages which have not been dissolved by death, divorce or annulment. Both parties may be principals.
Whoever commits bigamy is guilty of a fourth degree felony.
History:
1953 Comp., § 40A-10-1, enacted by Laws 1963, ch. 303, § 10-1.
ANNOTATIONS
Elements.
— Knowledge is an element of the crime of bigamy. Evidence of defendant's legal knowledge is admissible to rebut a defense that defendant did not know he was not divorced when he remarried.
State v. Ashley
, 1997-NMSC-049, 124 N.M. 1, 946 P.2d 205.
Cohabitation without marriage contrary to public policy.
— Prior to its repeal, 30-10-2 NMSA 1978 declared cohabitation a criminal offense.
In re Estate of Bivians
, 1982-NMCA-132, 98 N.M. 722, 652 P.2d 744, cert. quashed, 98 N.M. 762, 652 P.2d 1213 (decided under prior law).
Meaning clear.
— The meaning of "bigamy" as used in Code 1915, § 1775 was universally understood, and no language could have been employed which would have made clearer the intention of the legislature.
State v. Lindsey
, 1921-NMSC-004, 26 N.M. 526, 194 P. 877 (decided under prior law).
Indictment.
— It was not necessary to allege knowledge or intention in an indictment for bigamy.
State v. Lindsey
, 1921-NMSC-004, 26 N.M. 526, 194 P. 877 (decided under prior law).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 10 Am. Jur. 2d Bigamy §§ 1 to 5.
Common-law marriage, prosecution based on, 70 A.L.R. 1036.
Validation of marriage by death of former spouse, 95 A.L.R. 1292.
Mistake as to validity or effect of divorce as defense to, 56 A.L.R.2d 915.
Crimes against spouse within exception permitting testimony by one spouse against other in criminal prosecution - modern state cases, 74 A.L.R.4th 223.
10 C.J.S. Bigamy § 2 et seq.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 10 - Marital and Familial Offenses › Section 30-10-2 - Repealed.

ANNOTATIONS
Repeals.
— Laws 2001, ch. 32, § 1 repealed 30-10-2 NMSA 1978, as enacted by Laws 1963, ch. 303, § 10-2, relating to unlawful cohabitation and the penalties subscribed thereto, effective June 15, 2001. For provisions of former section,
see
the 2000 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 12 - Abuse of Privacy › Section 30-12-2 - Grounds for order of interception.

An ex parte order for wiretapping, eavesdropping or the interception of any wire or oral communication may be issued by any judge of a district court upon application of the attorney general or a district attorney, stating that there is probable cause to believe that:
A. evidence may be obtained of the commission of:
(1) the crime of murder, kidnapping, extortion, robbery, trafficking or distribution of controlled substances or bribery of a witness;
(2) the crime of burglary, aggravated burglary, criminal sexual penetration, arson, mayhem, receiving stolen property or commercial gambling, if punishable by imprisonment for more than one year; or
(3) an organized criminal conspiracy to commit any of the aforementioned crimes; or
B. the communication, conversation or discussion is itself an element of any of the above specified crimes.
History:
1953 Comp., § 40A-12-1.1, enacted by Laws 1973, ch. 369, § 2; 1979, ch. 191, § 2.
ANNOTATIONS
Law reviews.
— For survey of 1990-91 criminal procedure and evidence, see 22 N.M.L. Rev. 713 (1992).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Permissible surveillance, under state communications interception statute, by person other than state or local law enforcement officer or one acting in concert with officer, 24 A.L.R.4th 1208.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 12 - Abuse of Privacy › Section 30-12-4 - Entry of order; determination.

Upon application, the judge may enter an ex parte order, as requested or as modified, authorizing or approving wiretapping, eavesdropping or the interception of wire or oral communications within the district in which the judge is sitting, if the judge determines on the basis of the facts submitted by the applicant that:
A. there is probable cause for belief that a person is committing, has committed or is about to commit a particular offense enumerated in 30-12-2 NMSA 1978;
B. there is probable cause for belief that particular communications concerning that offense will be obtained through such interception;
C. normal investigative procedures have been tried and failed, or reasonably appear unlikely to succeed if tried, or appear to be too dangerous; and
D. there is probable cause for belief that the facilities from which, or the place where, the wire or oral communications are to be intercepted is being used or is about to be used in connection with the commission of such offense, or is leased to, listed in the name of or commonly used by the person alleged to be involved in the commission of the offense.
History:
1953 Comp., § 40A-12-1.3, enacted by Laws 1973, ch. 369, § 4.
ANNOTATIONS
Requirement for probable cause.
— An affidavit was deficient with respect to an unnamed informant because, although it established the informant's reliability by stating that he had provided information in the past that led to a determination of probable cause for a search warrant and to arrests and prosecution of narcotics felons, the informant's basis of knowledge was lacking.
State v. Knight
, 2000-NMCA-016, 128 N.M. 591, 995 P.2d 1033, cert. denied, 128 N.M. 689, 997 P.2d 821, overruled on other grounds by
State v. Williamson
, 2009-NMSC-039, 146 N.M. 488, 212 P.3d 376.
An affidavit met the basis of the knowledge requirement because it related in detail the informant's meetings and conversations with the subject, and clearly described the underlying circumstances upon which the informant's information was based.
State v. Knight
, 2000-NMCA-016, 128 N.M. 591, 995 P.2d 1033, cert. denied, 128 N.M. 689, 997 P.2d 821,
overruled on other grounds by
State v. Williamson
, 2009-NMSC-039, 146 N.M. 488, 212 P.3d 376.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— When do facts shown as probable cause for wiretap authorization under 18 USCS § 2518(3) become "stale," 68 A.L.R. Fed. 953.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 12 - Abuse of Privacy › Section 30-12-5 - Contents of order.

A. Each order authorizing or approving wiretapping, eavesdropping or interception of wire or oral communications shall specify:
(1) the identity, if known, of the person whose communications are to be intercepted;
(2) the nature and location of the communication facilities as to which, or the place where, authority to intercept is granted;
(3) a particular description of the type of communication sought to be intercepted and a statement of the particular offense to which it relates;
(4) the identity of the agency authorized to intercept the communications, and of the person authorizing the application; and
(5) the period of time during which such interception is authorized, including a statement as to whether the interception automatically terminates when the described communication has been first obtained.
B. An order authorizing the interception of a wire or oral communication shall, upon request of the applicant, direct that a communication common carrier, landlord, custodian or other person shall furnish the applicant forthwith all information, facilities and technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services that such carrier, landlord, custodian or person is according the person whose communications are to be intercepted. Any communication common carrier, landlord, custodian or other person furnishing such facilities or technical assistance shall be compensated therefor by the applicant at the prevailing rates.
History:
1953 Comp., § 40A-12-1.4, enacted by Laws 1973, ch. 369, § 5.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 12 - Abuse of Privacy › Section 30-12-6 - Order; extension; requirements.

No order entered under this act [30-12-1 to 30-12-11 NMSA 1978] may authorize or approve the interception of any wire or oral communication for any period longer than is necessary to achieve the objective of the authorization, nor in any event longer than thirty days. Extensions of an order may be granted, but only upon application for an extension, made in accordance with Section 30-12-3 NMSA 1978, and if the court makes the findings required by Section 30-12-4 NMSA 1978. The period of extension shall be no longer than the authorizing judge deems necessary to achieve the purpose for which it was granted, and in no event longer than thirty days. Every order and extension thereof shall contain a provision that the authorization to intercept shall be executed as soon as practicable, shall be conducted in such a way as to minimize the interception under this act and shall terminate upon attainment of the authorized objective, or in any event within thirty days. Whenever an order authorizing interception is entered pursuant to this act, the order may require reports to be made to the judge who issued the order, showing what progress has been made toward achievement of the authorized objective and the need for continued interception. The reports shall be made at such times as the judge may require.
History:
1953 Comp., § 40A-12-1.5, enacted by Laws 1973, ch. 369, § 6.
ANNOTATIONS
Interception of nonrelevant conversations.
— This section does not forbid interception of all nonrelevant conversations, but, like the federal statute, mandates the government to conduct the surveillance so as to minimize the interception of such conversations. Factors to be considered in determining whether the government acted reasonably in a given case may include, but are not limited to, the complexity of the criminal operation, whether the callers are using ambiguous or coded language, whether the applicable telephone is public or residential, the length of time of the wiretap and of the telephone calls, and the extent of judicial supervision.
State v. Manes
, 1991-NMCA-025, 112 N.M. 161, 812 P.2d 1309, cert. denied, 112 N.M. 77, 811 P.2d 575, and cert. denied, 502 U.S. 942, 112 S. Ct. 381, 116 L. Ed. 2d 332 (1991).
The defendant argued that the police, who wiretapped his phone, failed to properly minimize the interception of unauthorized communications, those involving his wife, mother, and children. To prevail, he had to show a pattern of interception of innocent conversations which developed over the period of the wiretap; it was insufficient if he merely identified particular calls which he contended should not have been intercepted.
State v. Manes
, 1991-NMCA-025, 112 N.M. 161, 812 P.2d 1309, cert. denied, 112 N.M. 77, 811 P.2d 575, and cert. denied, 502 U.S. 942, 112 S. Ct. 381, 116 L. Ed. 2d 332 (1991).
Law reviews.
— For survey of 1990-91 criminal procedure and evidence, see 22 N.M.L. Rev. 713 (1992).
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 12 - Abuse of Privacy › Section 30-12-9 - Disclosure; when and by whom allowed.

A. Any investigative or law enforcement officer who, by any means authorized by this act [30-12-1 to 30-12-11 NMSA 1978], has obtained knowledge of the contents of any wire or oral communication, or evidence derived therefrom, may:
(1) disclose such contents to another investigative or law enforcement officer to the extent that such disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure; or
(2) use such contents to the extent such use is appropriate in the official performance of his official duties.
B. Any person who has received, by any means authorized by this act, any information concerning a wire or oral communication, or evidence derived therefrom, intercepted in accordance with the provisions of this act, may disclose the contents of that communication or such derivative evidence while giving testimony in any criminal proceeding in any court of this state or in any grand jury proceeding.
History:
1953 Comp., § 40A-12-1.8, enacted by Laws 1973, ch. 369, § 9.
ANNOTATIONS
Right of press to copies of evidentiary material arises where materials become public.
— The right of the press to copies of evidentiary materials does not arise until the materials become part of the public record or are played in open court.
State ex rel. Bingaman v. Brennan
, 1982-NMSC-059, 98 N.M. 109, 645 P.2d 982.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 12 - Abuse of Privacy › Section 30-12-10 - Interception of privileged or unauthorized communications.

A. No otherwise privileged wire or oral communication intercepted in accordance with, or in violation of, the provisions of this act [30-12-1 to 30-12-11 NMSA 1978] shall lose its privileged character.
B. When an investigative or law enforcement officer, while engaged in intercepting wire or oral communications in the manner authorized in this act, intercepts wire or oral communications relating to offenses other than those specified in the order of authorization or approval, the contents thereof and evidence derived therefrom may be disclosed or used as provided in Subsection A of Section 30-12-9 NMSA 1978. Such contents and evidence derived therefrom may be used under Subsection B of Section 30-12-9 NMSA 1978 when authorized or approved by a judge of competent jurisdiction, when such judge finds on subsequent application that the contents were otherwise intercepted in accordance with the provisions of this act. Such application shall be made as soon as practicable.
History:
1953 Comp., § 40A-12-1.9, enacted by Laws 1973, ch. 369, § 10.
ANNOTATIONS
Determination of whether evidence subject to public inspection.
— Any determination of whether items of evidence are properly subject to public inspection and copying must necessarily consider the likelihood of injury to parties not involved in the particular case at bar.
State ex rel. Bingaman v. Brennan
, 1982-NMSC-059, 98 N.M. 109, 645 P.2d 982.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Propriety of governmental eavesdropping on communications between accused and his attorney, 44 A.L.R.4th 841.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 12 - Abuse of Privacy › Section 30-12-13 - Defacing tombs.

Defacing tombs consists of either:
A. intentionally defacing, breaking, destroying or removing any tomb, monument or gravestone erected to any deceased person or any memento, memorial or marker upon any place of burial of any human being or any ornamental plant, tree or shrub appertaining to the place of burial of any human being; or
B. intentionally marking, defacing, injuring, destroying or removing any fence, post, rail or wall of any cemetery or graveyard or erected within any cemetery or graveyard or any marker, memorial or funerary object upon any place of burial of any human being.
Whoever commits defacing a tomb is guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for a definite term less than one year or both.
History:
1953 Comp., § 40A-12-3, enacted by Laws 1963, ch. 303, § 12-3; 1989, ch. 267, § 4.
ANNOTATIONS
The 1989 amendment,
effective June 16, 1989, substituted "memorial or marker upon any place of burial of any human being" for "any memorial" in Subsection A, added all of the language of Subsection B beginning with "or any marker", and substituted all of the language of the undesignated last paragraph beginning with "misdemeanor" for "petty misdemeanor".
Multiple counts.
— Damage to ten gravestones during a single criminal episode, with a single intent, constitutes only ten violations of the statute. Each gravestone represents distinct interests protected by the statute. Injury to each gravestone causes injury to the memory of a different person and is likely to cause emotional distress to a different collection of living persons. That circumstance is a strong indicator that destruction to each gravestone is a distinct offense.
State v. Morro
, 1999-NMCA-118, 127 N.M. 763, 987 P.2d 420.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 14 Am. Jur. 2d Cemeteries § 44.
Liability for desecration of graves and tombstones, 77 A.L.R.4th 108.
14 C.J.S. Cemeteries §§ 34, 35.
2023 New Mexico Statutes › Chapter 30 - Criminal Offenses › Article 12 - Abuse of Privacy › Section 30-12-14 - Unlawful burial.

Unlawful burial consists of the using of any land or lands as a burial place of interment within fifty yards from either side of the bank or border of any stream, river or any body of water, by a person or persons, society of persons, order, corporation or corporations.
Whoever commits unlawful burial is guilty of a misdemeanor.
History:
1953 Comp., § 40A-12-4, enacted by Laws 1963, ch. 303, § 12-4.
ANNOTATIONS
Cross references.
— For burial of unclaimed dead,
see
24-12-1 to 24-12-3 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 22A Am. Jur. 2d Dead Bodies § 46.
Liability of cemetery in connection with conducting or supervising burial services, 42 A.L.R.4th 1059.
25A C.J.S. Dead Bodies § 10.