HB0508

HOUSE BILL 508

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Stephanie Maez

AN ACT

RELATING TO COMMERCIAL SEXUAL ACTIVITY; INCREASING PENALTIES FOR SEXUAL EXPLOITATION OF CHILDREN BY PROSTITUTION, PATRONIZING PROSTITUTES, PROMOTING PROSTITUTION, ACCEPTING THE EARNINGS OF A PROSTITUTE AND HUMAN TRAFFICKING.

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

SECTION 1. Section 30-6A-4 NMSA 1978 (being Laws 1984, Chapter 92, Section 4, as amended) is amended to read:

"30-6A-4. SEXUAL EXPLOITATION OF CHILDREN BY PROSTITUTION.--

A. Any person knowingly receiving any pecuniary profit as a result of a child under the age of sixteen engaging in a prohibited sexual act with another is guilty of a [second degree felony, unless the child is under the age of thirteen, in which event the person is guilty of a] first degree felony.

B. Any person hiring or offering to hire a child over the age of thirteen and under the age of sixteen to engage in any prohibited sexual act is guilty of a [second] first degree felony.

C. Any parent, legal guardian or person having custody or control of a child under sixteen years of age who knowingly permits that child to engage in or to assist any other person to engage in any prohibited sexual act or simulation of such an act for the purpose of producing any visual or print medium depicting such an act is guilty of a third degree felony."

SECTION 2. Section 30-9-3 NMSA 1978 (being Laws 1963, Chapter 303, Section 9-12, as amended) is amended to read:

"30-9-3. PATRONIZING PROSTITUTES.--

A. Patronizing prostitutes consists of:

[A.] (1) 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.] (2) 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.

B. 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.

C. 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] fourth degree felony."

SECTION 3. Section 30-9-4 NMSA 1978 (being Laws 1963, Chapter 303, Section 9-13, as amended) is amended to read:

"30-9-4. PROMOTING PROSTITUTION.--

A. Promoting prostitution consists of any person, acting other than as a prostitute or patron of a prostitute:

[A.] (1) knowingly establishing, owning, maintaining or managing a house of prostitution or a place where prostitution is practiced, encouraged or allowed, or participating in the establishment, ownership, maintenance or management thereof;

[B.] (2) knowingly entering into any lease or rental agreement for any premises [which] that a person partially or wholly owns or controls, knowing that [such] the premises are intended for use as a house of prostitution or as a place where prostitution is practiced, encouraged or allowed;

[C.] (3) knowingly procuring a prostitute for a house of prostitution or for a place where prostitution is practiced, encouraged or allowed;

[D.] (4) knowingly inducing another to become a prostitute;

[E.] (5) knowingly soliciting a patron for a prostitute or for a house of prostitution or for any place where prostitution is practiced, encouraged or allowed;

[F.] (6) knowingly procuring a prostitute for a patron and receiving compensation therefor;

[G.] (7) knowingly procuring transportation for, paying for the transportation of or transporting a person within the state with the intention of promoting that person's engaging in prostitution;

[H.] (8) knowingly procuring through promises, threats, duress or fraud any person to come into the state or causing a person to leave the state for the purpose of prostitution; or

[I.] (9) under pretense of marriage, knowingly detaining a person or taking a person into the state or causing a person to leave the state for the purpose of prostitution.

B. Whoever commits promoting prostitution is guilty of a [fourth] third degree felony."

SECTION 4. Section 30-9-4.1 NMSA 1978 (being Laws 1981, Chapter 233, Section 4) is amended to read:

"30-9-4.1. ACCEPTING EARNINGS OF A PROSTITUTE.--

A. 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.

B. Whoever commits accepting the earnings of a prostitute is guilty of a [fourth] third degree felony."

SECTION 5. Section 30-52-1 NMSA 1978 (being Laws 2008, Chapter 17, Section 1) is amended to read:

"30-52-1. HUMAN TRAFFICKING.--

A. Human trafficking consists of a person knowingly:

(1) recruiting, soliciting, enticing, transporting or obtaining by any means another person with the intent or knowledge that force, fraud or coercion will be used to subject the person to labor, services or commercial sexual activity;

(2) recruiting, soliciting, enticing, transporting or obtaining by any means a person under the age of eighteen years with the intent or knowledge that the person will be caused to engage in commercial sexual activity; or

(3) benefiting, financially or by receiving anything of value, from the labor, services or commercial sexual activity of another person with the knowledge that force, fraud or coercion was used to obtain the labor, services or commercial sexual activity.

B. The attorney general and the district attorney in the county of jurisdiction have concurrent jurisdiction to enforce the provisions of this section.

C. Whoever commits human trafficking is guilty of a [third] second degree felony; except if the victim is under the age of

[(1)] sixteen, the person is guilty of a [second] first degree felony [or

(2) thirteen, the person is guilty of a first degree felony].

D. Prosecution pursuant to this section shall not prevent prosecution pursuant to any other provision of the law when the conduct also constitutes a violation of that other provision.

E. In a prosecution pursuant to this section, a human trafficking victim shall not be charged with accessory to the crime of human trafficking.

F. A person convicted of human trafficking shall, in addition to any other punishment, be ordered to make restitution to the victim for the gross income or value of the victim's labor or services and any other actual damages in accordance with Section 31-17-1 NMSA 1978.

G. As used in this section:

(1) "coercion" means:

(a) causing or threatening to cause harm to any person;

(b) using or threatening to use physical force against any person;

(d) threatening to report the immigration status of any person to governmental authorities; or

(e) knowingly destroying, concealing, removing, confiscating or retaining any actual or purported government document of any person; and

(2) "commercial sexual activity" means any sexual act or sexually explicit exhibition for which anything of value is given, promised to or received by any person."

SECTION 6. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2015.

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