HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR

HOUSE CONSUMER AND PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR

HOUSE BILL 48

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

AN ACT

RELATING TO SEX OFFENDERS; ENACTING A NEW SECTION OF THE SEX OFFENDER REGISTRATION AND NOTIFICATION ACT FORBIDDING CERTAIN 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, whose sex offense was facilitated through the use of the internet and whose victim was under sixteen years of age, shall not knowingly or intentionally communicate with any person that the sex offender knows to be or who is represented to be under sixteen years of age when using:

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

                (2) a social networking web site.

          B. The provisions of Subsection A of this section shall apply until ten years after the sex offender has completed serving any sentence of incarceration and completed all conditions of probation or parole.

          C. A sex offender who violates a provision of Subsection A or B of this section is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-17 NMSA 1978.

          D. A sex offender who violates a provision of Subsection A or B of this section after a first or subsequent conviction for a violation of a provision of Subsection A or B of this section is guilty of a third 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.

          E. The provisions of Subsections A and B of this section do not apply to a sex offender who:

                (1) is communicating with the sex offender's own child, stepchild or adopted child; provided that such contact does not violate a condition of the sex offender's supervision or an order issued by a court; or

                (2) was under twenty-one years of age at the time of the sex offense and was no more than four years older than the person the sex offender solicited for sexual contact.

          F. 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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