New Mexico

Population

2,000,900

Population 0‑18

23.9%

Internet Users

73.9%

Home Internet Subscribers

61.2%
* Statistics provided by CIA.gov, Internet World Stats and GSMA Intellligence

2008 - The attorney general and secretary of education offered some helpful internet safety tips to the parents of children in elementary school. It was published to help parents teach their children how to utilize the internet as an educational resource while still maintaining their security. Some of the tips include never giving out any real information (address, numbers, names) and not entering online chat rooms.

2015 - Attorney General Hector Balderas is leading the fight against internet child exploitation through New Mexico’s Internet Crimes Against Children (ICAC) unit. The unit has it’s own computer lab for forensics specifically pertaining to ICAC cases and other special investigations.

2016 - New Mexico Attorney General Hector Balderas is working with the National Center for Missing and Exploited Children (NCMEC) to implement training videos for the public on internet safety. These videos are geared towards elementary, middle school and high school students to better educate them on internet safety.

2016 - New Mexico Representative David Gallegos has sponsored a piece of legislation that would require electronic companies to install filtering devices for obscene images on their devices. Known as the Human Trafficking Prevention Act, the bill is helpful in curbing the problem of online human trafficking and child pornography.

2016 - Some schools across New Mexico are actively working to address the problem of cyberbullying. There has been a firm effort among school boards to give both parents and students the tools they need to spot and prevent cases of online bullying.

This section contains details of the state’s laws as they relate to sexual offenses, children and the use of the Internet in the commission of criminal activity. Where possible, sentence details have been given, including whether an increased custodial penalty is imposed where the victim is a child.

Unless otherwise specified, felonies in the state of New Mexico are sentenced as follows:

  • First degree felony resulting in the death of a child: life imprisonment plus a possible fine of up to $17,500.
  • First degree felony: eighteen years’ imprisonment plus a possible fine of up to $15,000.
  • Second degree felony resulting in the death of a person or for a sexual offense against a child: fifteen years’ imprisonment plus a possible fine of up to $12,500.
  • Second degree felony: nine years’ imprisonment plus a possible fine of up to $10,000.
  • Third degree felony, resulting in the death of a person or for a sexual offense against a child: six years’ imprisonment plus a possible fine of up to $5,000.
  • Third degree felony: three years’ plus a possible fine of up to $5,000.
  • Fourth degree felony: maximum of eighteen months’ imprisonment plus a possible fine of up to $5,000.

  • 22-2-21 New Mexico Statutes Annotated (NMSA). Bullying Prevention Program. Requires the Education Department to establish guidelines for bullying prevention, and each local school board to promulgate a bullying prevention policy by August 2012. (6-12-7 NMAC defines bullying and specifically includes bullying via repeated electronic communication.)

  • 30-3A-2 NMSA. Harassment; Penalties. States that it is a criminal offense to pursue a course of conduct that is intended to annoy, seriously alarm or terrorize another person without lawful purpose and that causes that person emotional distress. This classed as a misdemeanor.

  • 30-3A-3 NMSA. Stalking; Penalties. This section deems it to be a crime to pursue a course of conduct that is designed to put another person in fear of death, bodily harm, sexual assault, confinement or restraint to themselves or another. This is defined as a misdemeanor for a first offense and a fourth degree felony for subsequent convictions.

  • 30-3A-3.1 NMSA. Aggravated Stalking; Penalties. The offense of stalking increases to a fourth degree felony where the victim is less than sixteen years old. Subsequent convictions for this make it a third degree felony.

  • 30-6A-3 NMSA. Sexual Exploitation of Children. This section states that it is unlawful to possess images depicting any prohibited sexual act or simulation of such an act by minors under the age of eighteen. This is a fourth degree felony. Distribution of such material is a third degree felony. Allowing or causing a child to participate in the creation of such an image is a second degree felony as is the manufacturing of such images.

  • 30-6A-4 NMSA. Sexual Exploitation of Children by Prostitution. Constitutes that anyone benefitting from the prostitution of a child under the age of sixteen is guilty of a second degree felony, unless the child is under thirteen which makes the offense a first degree felony. Anyone hiring or offering to hire a child aged thirteen or above but under sixteen for the purpose of engaging in prostitution is also guilty of a second degree felony.

  • 30-9-1 NMSA. Enticement of Child. States that it is a misdemeanor where a child under sixteen is enticed or lured into a vehicle, room or secluded place with intent to commit a crime against them.

  • 30-9-11 NMSA. Criminal Sexual Penetration. The offense is defined as the unlawful and intentional causing of a person to engage in sexual intercourse, cunnilingus, fellatio or anal intercourse. Aggravated criminal sexual penetration consists of all sexual penetration against a child of under thirteen with an intent to kill, this is a first degree felony with a maximum sentence of life imprisonment. Sexual penetration with a child under thirteen is defined as criminal sexual penetration in the first degree and is a first degree felony offense. Where the child is between thirteen and eighteen it is a felony in the second degree and carries a minimum sentence of three years’ imprisonment. Where the child is between thirteen and sixteen years old and the offender is at least four years older this is classed as a fourth degree felony.

  • 30-9-12 NMSA. Criminal Sexual Contact. Defined as the unlawful and intentional touching of or application of force to the unclothed intimate parts of another without consent. This section applies only to those who are over eighteen. This is a misdemeanor unless physical injury results in which case it is a fourth degree felony.

  • 30-9-13 NMSA. Criminal Sexual Contact of a Minor. This section states that it is a crime to touch, or encourage a minor to touch, their genital area, groin, buttocks, anus or breast. It is a second degree felony where the child is under thirteen or where the child is between thirteen and injury results to the child. This comes with a minimum term of imprisonment of three years. It is a third degree felony where sexual contact is made with the minor. All other sexual contact situations are fourth degree felonies.

  • 30-9-14 NMSA. Indecent Exposure. States that it is a crime for a person to intentionally expose their primary genital area to public view. This is a misdemeanor.

  • 30-9-14.3 NMSA. Aggravated Indecent Exposure. The offense of indecent exposure is aggravated when the exposure is to a child who is less than eighteen or is carried out as part of the commission of another offense, including criminal sexual penetration and abuse of a child. This is a fourth degree felony.

  • 30-9-20 NMSA. Voyeurism Prohibited; Penalties. It is defined as an offense to view, film, photograph or webcast the intimate areas of another person without consent when they have a reasonable expectation of privacy. This is a misdemeanor except where the victim is less than eighteen in which case it is a fourth degree felony.

  • 30-37-2 NMSA. Offenses; Books; Pictures. This section states that it is a crime to knowingly sell, deliver, distribute or display for sale any picture, photograph, book etc which depicts nudity, sexual conduct, sexual excitement or sadomasochistic abuse and which is harmful to minors. This is a misdemeanor as are similar offenses relating to obscene films and performances.

  • 30-37-3.2 NMSA. Child Solicitation by Electronic Communication Device. It is unlawful to solicit a child under sixteen by means of an electronic communication device, to engage in sexual intercourse, sexual contact or in a sexual or obscene performance, or to engage in any other sexual conduct when the perpetrator is at least four years older than the child. This is a fourth degree felony rising to a third degree offense where the child is under thirteen. Where the offender actually arranges and is present at a meeting with the child it is a third degree felony unless the child is under thirteen in which case it is a second degree offense.

  • 30-37-3.3 NMSA. Criminal Sexual Communication with a Child; Penalty. Defines the offense of electronically communicating directly with a child under the age of sixteen by sending them obscene images of the offender’s intimate parts when the offender is at least four years older than the child. This is a fourth degree felony.

  • 30-52-1 NMSA. Human Trafficking. This section states, among other things, that anyone who recruits, solicits, entices, transports or obtains, by any means, a minor under the age of eighteen with intent that he/she will be caused to engage in commercial sexual activity is guilty of a third degree felony. Where the victim is under the age of sixteen this is elevated to a second degree felony, and further to a first degree where the victim is under the age of thirteen.