HOUSE BILL 558

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

INTRODUCED BY

John Block and Rebecca Dow

 

 

 

 

 

AN ACT

RELATING TO SEXUALLY ORIENTED MATERIAL HARMFUL TO MINORS; PROHIBITING SEXUALLY EXPLICIT MATERIAL AT PUBLIC SCHOOLS, DEFINING TERMS AND PROVIDING FOR ENFORCEMENT; AMENDING SECTION 30-37-5 NMSA 1978 (BEING LAWS 1973, CHAPTER 257, SECTION 5) TO REMOVE EXCLUSIONS AND DEFENSES RELATED TO SCHOOLS FOR THE CRIMES ENUMERATED IN CHAPTER 30, ARTICLE 37 NMSA 1978; MAKING CONFORMING AMENDMENTS.

 

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

     SECTION 1. A new section of the Public School Code is enacted to read:

     "[NEW MATERIAL] PROTECTION OF STUDENTS FROM SEXUALLY EXPLICIT MATERIAL--DEFINITIONS--PROHIBITED MATERIAL AND ACTIVITIES--ENFORCEMENT.--

          A. As used in this section:

                (1) "sexual education and biology material" means medically or scientifically accurate material or content that has educational value and meets department-approved academic content and performance standards for age-appropriate sexual education, health, biology or related science courses; and

                (2) "sexually explicit material" means material or content, in any format, that is not sexual education and biology material or suitable for broadcast on radio or television in accordance with federal law or rules and regulations promulgated by the federal communications commission and includes:

                     (a) gratuitous depictions or descriptions of sexual intercourse, sexual contact or sexual acts, including sodomy, oral-genital contact, masturbation or penetration;

                     (b) nudity, genitalia or other sexual organs depicted or described in a manner intended to arouse or appeal to prurient interests;

                     (c) a writing, image or audio containing lascivious or prurient dialogue, conduct or imagery; or

                     (d) gratuitous depictions or descriptions of sexual violence, exploitation or abuse, including rape, incest, pedophilia or other nonconsensual sexual acts.

          B. Sexually explicit material shall be prohibited at public schools and shall not be used by a school employee or a public school contractor or volunteer in curricula, instruction or extracurricular activities.

          C. A school employee or a public school contractor or volunteer shall not knowingly provide, recommend or otherwise make available sexually explicit material to a student at a public school or an extracurricular activity.

          D. The department shall promulgate rules for local school boards and charter school governing bodies to enforce the provisions of this section in accordance with the following:

                (1) an unlicensed school employee who violates the provisions of Subsection B or C of this section shall be subject to termination or discharge pursuant the School Personnel Act;

                (2) a licensed school employee who violates the provisions of Subsection B or C of this section shall be subject to termination or discharge and denial, suspension or revocation of a department-issued license pursuant to the School Personnel Act and the Uniform Licensing Act; and

                (3) a public school contractor or volunteer who violates the provisions of Subsection B or C of this section shall have the contractor's or volunteer's privilege of accessing a public school revoked.

          E. The department shall seek a fine not to exceed five hundred dollars ($500) per incident from a school district or charter school that violates the provisions of Subsection B or C of this section or that fails to comply with the provisions of Subsection D of this section."

     SECTION 2. Section 30-37-5 NMSA 1978 (being Laws 1973, Chapter 257, Section 5) is amended to read:

     "30-37-5. EXCLUSIONS--DEFENSES.--No person shall be guilty of violating the provisions of [this act] Chapter 30, Article 37 NMSA 1978:

          A. where [such] the person had reasonable cause to believe that the minor involved had reached [his eighteenth birthday] eighteen years of age, and [such] the minor exhibited to [such] the person a draft card, driver's license, birth certificate or other official or apparently official document purporting to establish that [such] the minor had reached [his eighteenth birthday; or] eighteen years of age;

          B. if the minor was accompanied by [his] a parent or guardian, or the parent or guardian has in writing waived the application of [this act] Chapter 30, Article 37 NMSA 1978 either generally or with reference to the particular transaction; [or]

          C. where [such] the person had reasonable cause to believe that the person was the parent or guardian of the minor; or

          D. where [such] the person is a bona fide [school] museum or public library or is acting in [his] the capacity as an employee of [such] the organization, or as a retail outlet affiliated with and serving the educational purposes of [such] the organization."

     SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2025.

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