HOUSE BILL 48

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Nate Gentry

AN ACT

RELATING TO SEX OFFENDERS; ENACTING A NEW SECTION OF THE SEX OFFENDER REGISTRATION AND NOTIFICATION ACT FORBIDDING REGISTERED SEX OFFENDERS FROM USING INSTANT MESSAGING, CHAT ROOMS OR SOCIAL MEDIA WEB SITES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of the Sex Offender Registration and Notification Act is enacted to read:

     "[NEW MATERIAL] RESTRICTIONS ON INTERNET USE.--

          A. A sex offender required to register under Section 29-11A-4 NMSA 1978 shall not knowingly or intentionally use or access the following types of internet interfaces that the sex offender knows allow a person who is under eighteen years of age to access or use:

                (1) an instant messaging or chat room program; or

                (2) a social networking web site.

          B. A sex offender who violates a provision of Subsection A of this section is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.

          C. A sex offender who violates a provision of Subsection A of this section after a first or subsequent conviction for a violation of a provision of Subsection A of this section is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. A conviction pursuant to this subsection shall not be considered a felony for purposes of the imposition of sentencing enhancements pursuant to the provisions of Section 31-18-17 NMSA 1978.

          D. It is a defense to a prosecution under this section that the sex offender:

                (1) did not know that the social networking web site or instant messaging or chat room program allowed a person who is under eighteen years of age to access or use the web site or program; or

                (2) upon discovering that the social networking web site or instant messaging or chat room program allows a person who is under eighteen years of age to access or use the web site or program, immediately ceased further use or access of the web site or program.

          E. As used in this section:

                (1) "instant messaging or chat room program":                      (a) means a software program that: 1) requires a person to register or create an account, a username or a password to become a member or registered user of the program; and 2) allows two or more members or authorized users to communicate over the internet in real time using typed text; and 

                     (b) does not include an electronic mail program or message board program; and

                (2) "social networking web site":

                     (a) means an internet web site that: 1) facilitates the social introduction between two or more persons; 2) requires a person to register or create an account, a username or a password to become a member of the web site and to communicate with other members; 3) allows a member to create a web page or a personal profile; and 4) provides a member with the opportunity to communicate with another person; and

                     (b) does not include an electronic mail program or message board program." 

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2013.

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