HOUSE BILL 451

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Linda Serrato and John Block

AN ACT

RELATING TO SEXUAL OFFENSES; CREATING THE CRIME OF INDECENT EXPOSURE TO A CHILD OUT OF PUBLIC VIEW; PROVIDING A PENALTY.

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

     SECTION 1. A new section of Chapter 30, Article 9 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] INDECENT EXPOSURE TO A CHILD OUT OF PUBLIC VIEW--PENALTY.--

          A. Indecent exposure to a child out of public view consists of a person eighteen years of age or older knowingly and intentionally exposing the person's primary genital area to a child in a lewd and lascivious manner, when the person and child are in a nonpublic place. 

          B. As used in this section:

                (1) "child" means a person under eighteen years of age; and

                (2) "primary genital area" means the mons pubis, penis, testicles, mons veneris, vulva or vagina.

          C. Whoever commits indecent exposure to a child out of public view is guilty of a misdemeanor.

          D. This section is retroactive and applies to all actions not currently pending based on indecent exposure to a child out of public view, regardless of the date of the exposure and regardless of whether any statute of limitations on such actions expired prior to the effective date of this 2025 act."

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