45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO CRIMINAL LAW; CHANGING THE ELEMENTS OF CERTAIN CRIMINAL OFFENSES PERPETRATED AGAINST MINORS; AMENDING SECTIONS OF THE NMSA.

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

Section 1. Section 30-9-11 NMSA 1978 (being Laws 1975, Chapter 109, Section 2, as amended) is amended to read:

"30-9-11. CRIMINAL SEXUAL PENETRATION.--

A. Criminal sexual penetration is the unlawful and intentional causing of a person to engage in sexual intercourse, cunnilingus, fellatio or anal intercourse or the causing of penetration, to any extent and with any object, of the genital or anal openings of another, whether or not there is any emission.

B. Criminal sexual penetration does not include medically indicated procedures.

C. Criminal sexual penetration in the first degree consists of all sexual penetration perpetrated:

(1) on a child under thirteen years of age; or

(2) by the use of force or coercion that results in great bodily harm or great mental anguish to the victim.

Whoever commits criminal sexual penetration in the first degree is guilty of a first degree felony.

D. Criminal sexual penetration in the second degree consists of all criminal sexual penetration perpetrated:

(1) on a child thirteen to [sixteen] eighteen years of age when the perpetrator is in a position of authority over the child and uses this authority to coerce the child to submit;

(2) on a child thirteen to eighteen years of age when the perpetrator is a licensed school employee, an unlicensed school employee, a school contract employee, a school health service provider or a school volunteer, and when the perpetrator is at least eighteen years of age and is at least four years older than the child and not the spouse of that child;

[(2)] (3) on an inmate confined in a correctional facility or jail when the perpetrator is in a position of authority over the inmate;

[(3)] (4) by the use of force or coercion that results in personal injury to the victim;

[(4)] (5) by the use of force or coercion when the perpetrator is aided or abetted by one or more persons;

[(5)] (6) in the commission of any other felony; or

[(6)] (7) when the perpetrator is armed with a deadly weapon.

Whoever commits criminal sexual penetration in the second degree is guilty of a second degree felony.

E. Criminal sexual penetration in the third degree consists of all criminal sexual penetration perpetrated through the use of force or coercion.

Whoever commits criminal sexual penetration in the third degree is guilty of a third degree felony.

F. Criminal sexual penetration in the fourth degree consists of all criminal sexual penetration not defined in Subsections C through E of this section perpetrated on a child thirteen to sixteen years of age when the perpetrator is at least eighteen years of age and is at least four years older than the child and not the spouse of that child.

Whoever commits criminal sexual penetration in the fourth degree is guilty of a fourth degree felony."

Section 2. Section 30-9-13 NMSA 1978 (being Laws 1975, Chapter 109, Section 4, as amended) is amended to read:

"30-9-13. CRIMINAL SEXUAL CONTACT OF A MINOR.--Criminal sexual contact of a minor is the unlawful and intentional touching of or applying force to the intimate parts of a minor or the unlawful and intentional causing of a minor to touch one's intimate parts. For the purposes of this section, "intimate parts" means the primary genital area, groin, buttocks, anus or breast.

A. Criminal sexual contact of a minor in the third degree consists of all criminal sexual contact of a minor perpetrated:

(1) on a child under thirteen years of age; or

(2) on a child thirteen to eighteen years of age when:

(a) the perpetrator is in a position of authority over the child and uses this authority to coerce the child to submit;

(b) the perpetrator is a licensed school employee, an unlicensed school employee, a school contract employee, a school health service provider or a school volunteer, and when the perpetrator is at least eighteen years of age and is at least four years older than the child and not the spouse of that child;

[(b)] (c) the perpetrator uses force or coercion which results in personal injury to the child;

[(c)] (d) the perpetrator uses force or coercion and is aided or abetted by one or more persons; or

[(d)] (e) the perpetrator is armed with a deadly weapon.

Whoever commits criminal sexual contact in the third degree is guilty of a third degree felony.

B. Criminal sexual contact of a minor in the fourth degree consists of all criminal sexual contact, not defined in Subsection A of this section, of a child thirteen to eighteen years of age perpetrated with force or coercion.

Whoever commits criminal sexual contact in the fourth degree is guilty of a fourth degree felony."

Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2001.