44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO CRIMINAL OFFENSES; PROVIDING FOR A RESIDENCY RESTRICTION OF CERTAIN CONVICTED SEX OFFENDERS.

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

Section 1. A new section of the Criminal Code is enacted to read:

"[NEW MATERIAL] RESIDENCY RESTRICTION--SEX OFFENDERS.--

A. A person who was convicted of a sexual offense, served a jail or prison term and has not completed the terms of his parole or probation shall not reside within four thousand eight hundred feet of a public or private primary or secondary school, daycare center, community center or facility that provides services to minors.

B. A person who willfully violates the provisions of Subsection A of this section is guilty of a misdemeanor and shall be punished by imprisonment for a definite term less than one year or a fine of not more than one thousand dollars ($1,000) or both.

C. For the purposes of this section, "sexual offense" means:

(1) criminal sexual penetration in the first, second, third or fourth degree, as provided in Section 30-9-11 NMSA 1978;

(2) criminal sexual contact in the fourth degree, as provided in Section 30-9-12 NMSA 1978;

(3) criminal sexual contact of a minor in the third or fourth degree, as provided in Section 30-9-13 NMSA 1978;

(4) sexual exploitation of children, as provided in Subsection A, B or C of Section 30-6A-3 NMSA 1978; or

(5) sexual exploitation of children by prostitution, as provided in Section 30-6A-4 NMSA 1978."