Sex Crimes: Definitions and Penalties
New Mexico

All criminal sexual penetration perpetrated:

• on a child under 13 years of age; or
• by the use of force or coercion that results in great bodily harm or great mental anguish to the victim.

• If felony results in the death of a child, the penalty is life in prison and a possible fine up to $17,500.
• If the felony does not result in a death, the penalty is 18 years in prison and a possible fine up to $15,000.
• In general, if the conviction is for separate second violent sexual offense (i.e., criminal sexual penetration in the first or second degree), mandatory life sentence.

• “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.  Criminal sexual penetration does not include medically indicated procedures.
• “Force or coercion” means:
• the use of physical force or physical violence;
• 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;
• the use of threats, including threats of physical punishment, kidnapping, extortion or retaliation directed against the victim or another when the victim believes that there is an ability to execute the threats;
• the perpetration of criminal sexual penetration or criminal sexual contact when the perpetrator knows or has reason to know that the victim is unconscious, asleep or otherwise physically helpless or suffers from a mental condition that renders the victim incapable of understanding the nature or consequences of the act; or
• the perpetration of criminal sexual penetration or criminal sexual contact by a psychotherapist on his patient, with or without the patient’s consent, during the course of psychotherapy or within a period of one year following the termination of psychotherapy.
• Physical or verbal resistance of the victim is not an element of force or coercion.
• “Great mental anguish” means psychological or emotional damage that requires psychiatric or psychological treatment or care, either on an inpatient or outpatient basis, and is characterized by extreme behavioral change or severe physical symptoms.
• The Supreme Court of New Mexico has determined that § 30-9-11 is ambiguous as to the unit of prosecution.  Thus, when a defendant is charged with multiple counts of criminal sexual penetration, the court must consider whether there are sufficient “indicia of distinctness” to justify multiple punishments under the statue. The state must offer details about the temporal proximity of each act as well as the location of the victim during each act, the sequencing of the acts, and the existence of any intervening events.  State v. Urquidi-Martinez, --- P.3d ---, 2024 WL 5116692 (N.M. Ct. App.)

• N.M. Stat. Ann. § 30-9-11(D); see also § 30-9-10 (definitions); see also § 31-18-15 (penalties)

All criminal sexual penetration perpetrated:

• by the use of force or coercion on a child 13 to 18 years of age;
• on an inmate confined in a correctional facility or jail when the perpetrator is in a position of authority over the inmate;
• by the use of force or coercion that results in personal injury to the victim;
• by the use of force or coercion when the perpetrator is aided or abetted by one or more persons;
• in the commission of any other felony; or
• when the perpetrator is armed with a deadly weapon.

• If felony results in the death of a human being, the penalty is 18 years in prison and a possible fine up to $12,500. 
• If the felony results in a sexual offense against a child, the penalty is 15 years in prison and a possible fine up to $12,500.
• If the felony involves sexual exploitation of a child, the penalty is 12 years in prison and a possible fine up to $5,000.
• If the felony does not result in a death, a sexual offense against a child, or sexual exploitation of a child, the penalty is 9 years in prison and a possible fine up to $10,000.
• If the victim is a child between 13 and 18 years of age, mandatory minimum sentence of 3 years.
• In general, if the conviction is for separate second violent sexual offense, mandatory life sentence.

• See definitions of “criminal sexual penetration” and “force or coercion” under Criminal Sexual Penetration in the First Degree
• “Position of authority” means that position occupied by a parent, relative, household member, teacher, employer or other person who, by reason of that position, is able to exercise undue influence over a child.
• “Personal injury” means bodily injury to a lesser degree than great bodily harm and includes, but is not limited to, disfigurement, mental anguish, chronic or recurrent pain, pregnancy or disease or injury to a sexual or reproductive organ.

• N.M. Stat. Ann. § 30-9-11(E); see also § 30-9-10 (definitions); see also § 31-18-15 (penalties)

• All criminal sexual penetration perpetrated through the use of force or coercion not otherwise specified in § 30-9-11.

• If felony results in the death of a human being or a sexual offense against a child, the penalty is 6 years in prison and a possible fine up to $5,000.
• If the felony involves sexual exploitation of a child, the penalty is 11 years in prison and a possible fine up to $5,000.
• If the felony does not result in a death or a sexual offense against a child, the penalty is 3 years in prison and a possible fine up to $5,000.

• See definitions of “criminal sexual penetration” and “force or coercion” under Criminal Sexual Penetration in the First Degree.

• N.M. Stat. Ann. § 30-9-11(F); see also § 30-9-10 (definitions); see also § 31-18-15 (penalties)

All criminal sexual penetration:

• Which is not defined as Criminal Sexual Penetration in the 1st, 2nd or 3rd degree which is perpetrated on a child 13 to 16 years of age when the perpetrator is at least 18 years of age and is at least 4 years older than the child and not the spouse of that child; or
• perpetrated on a child 13 to 18 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 18 years of age and is at least 4 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.

• If felony involves sexual exploitation of children, the penalty is 10 years in prison and a possible fine up to $5,000.
• Otherwise, the penalty is 18 months in prison and a possible fine up to $5,000.

• See definition of “criminal sexual penetration” under Criminal Sexual Penetration in the First Degree.

• N.M. Stat. Ann. § 30-9-11(G); see also § 30-9-10 (definitions); see also § 31-18-15 (penalties)

• All criminal sexual penetration perpetrated on a child under 13  years of age with an intent to kill or with a depraved mind regardless of human life.

• Life in prison and a possible fine up to $17,500.

• See definition of “criminal sexual penetration” under Criminal Sexual Penetration in the First Degree.

N.M. Stat. Ann. § 30-9-11(C); see also  § 30-9-10 (definitions); see also § 31-18-15 (penalties)

• All criminal sexual contact that is perpetrated:
• by the use of force or coercion that results in personal injury to the victim;
• by the use of force or coercion when the perpetrator is aided or abetted by one or more persons; or
• when the perpetrator is armed with a deadly weapon.

• 18 months in prison and a possible fine up to $5,000.

• “Criminal sexual contact” is the unlawful and intentional touching of or application of force, without consent, to the unclothed intimate parts (primary genital area, groin, buttocks, anus or breast) of another who has reached his 18th birthday, or intentionally causing another who has reached his 18th birthday to touch one’s intimate parts.  Criminal sexual contact does not include touching by a psychotherapist on a 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. 
• See definition of “force or coercion” under Criminal Sexual Penetration – 1^st Degree and “personal injury” under Criminal Sexual Penetration – 2^nd Degree.
• Criminal sexual contact in the fourth degree is a fourth degree felony.

• N.M. Stat. Ann. § 30-9-12(C); see also  § 30-9-10 (definitions); see also § 31-18-15 (penalties)

• Criminal sexual contact that is perpetrated with the use of force or coercion.

• Not more than 1 year in the county jail, a fine of up to $1,000, or both

• See definition of “criminal sexual contact” under “Criminal Sexual Contact in the Fourth Degree”

• N.M. Stat. Ann. § 30-9-12(D); see also § 30-9-10 (definitions); see also § 31-19-1 (penalties)

• Criminal sexual contact of the unclothed intimate parts (primary genital area, groin, buttocks, anus or breast) of a minor when perpetrated:
• on a child under 13 years of age; or
• on a child 13 to 18 years of age when:
• the perpetrator is in a position of authority over the child and uses that authority to coerce the child to submit;
• the perpetrator uses force or coercion that results in personal injury to the child;
• the perpetrator uses force or coercion and is aided or abetted by one or more persons; or
• the perpetrator is armed with a deadly weapon.

• 15 years in prison and a possible fine up to $12,500. Mandatory minimum sentence of 3 years.

• “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 (primary genital area, groin, buttocks, anus or breast).
• See definition of “position of authority” under Criminal Sexual Penetration in the Second Degree and definition of “personal injury” under Criminal Sexual Penetration in the Second Degree.
• Criminal sexual contact of a minor in the second degree is a second degree felony for a sexual offense against a child.
• For purposes of criminal sexual contact of a minor when the perpetrator is in a position of authority and uses that authority to coerce the child to submit, a person in a position of authority does not have to use threats or physical force to “coerce” a child to submit to sexual contact.  State v. Arvizo, 417 P.3d 384, 389 (N.M. 2018).

• N.M. Stat. Ann. § 30-9-13(B); see also § 30-9-10 (definitions); see also § 31-18-15 (penalties)

• Criminal sexual contact of a minor when perpetrated:
• on a child under 13 years of age; or
• on a child 13 to 18 years of age when:
• the perpetrator is in a position of authority over the child and uses that authority to coerce the child to submit;
• the perpetrator uses force or coercion that results in personal injury to the child;
• the perpetrator uses force or coercion and is aided or abetted by one or more persons; or
• the perpetrator is armed with a deadly weapon.

• 6 years in prison and a possible fine up to $5,000.

• See definition of “criminal sexual contact of a minor” under Criminal Sexual Contact of a Minor in the Second Degree.
• See definition of “position of authority” under Criminal Sexual Penetration in the Second Degree and definition of “personal injury” under Criminal Sexual Penetration in the Second Degree.
• Criminal sexual contact of a minor in the third degree is a third degree felony for a sexual offense against a child.
• For purposes of criminal sexual contact of a minor, when the perpetrator is in a position of authority and uses that authority to coerce the child to submit, a person in a position of authority does not have to use threats or physical force to “coerce” a child to submit to sexual contact.  State v. Arvizo, 417 P.3d 384, 389 (N.M. 2018).

• N.M. Stat. Ann. § 30-9-13(C); see also § 30-9-10 (definitions); see also § 31-18-15 (penalties)

• All criminal sexual contact:
• not defined as Criminal Sexual Contact of a Minor in the 3rd degree, perpetrated with force or coercion, on a child 13 to 18 years of age; or
• of a minor perpetrated on a child 13 to 18 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 18 years of age and is at least 4 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.

• 18 months in prison and a possible fine up to $5,000.

• See definition of “criminal sexual contact of a minor” under Criminal Sexual Contact of a Minor in the Second Degree.
• Criminal sexual contact in the fourth degree is a fourth degree felony.
• For purposes of criminal sexual contact of a minor when the perpetrator is in a position of authority and uses that authority to coerce the child to submit, a person in a position of authority does not have to use threats or physical force to “coerce” a child to submit to sexual contact.  State v. Arvizo, 417 P.3d 384, 389 (N.M. 2018).

N.M. Stat. Ann. § 30-9-13(D); see also § 30-9-10 (definitions); see also § 31-18-15 (penalties)