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AN ACT

RELATING TO SEXUAL EXPLOITATION OF CHILDREN; PROHIBITING THE

USE OF AN IMAGE OF A CHILD TO DEPICT THE CHILD AS

PARTICIPATING IN A SEXUAL ACT; PROVIDING PENALTIES.

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

Section 1. Section 30-6A-3 NMSA 1978 (being Laws 1984,

Chapter 92, Section 3, as amended) is amended to read:

"30-6A-3. SEXUAL EXPLOITATION OF CHILDREN.--

A. It is unlawful for a person to intentionally

possess any obscene visual or print medium depicting any

prohibited sexual act or simulation of such an act if that

person knows or has reason to know that the obscene medium

depicts any prohibited sexual act or simulation of such act

and if that person knows or has reason to know that one or

more of the participants in that act is a child under eighteen

years of age. A person who violates the provisions of this

subsection is guilty of a fourth degree felony.

B. It is unlawful for a person to intentionally

distribute any obscene visual or print medium depicting any

prohibited sexual act or simulation of such an act if that

person knows or has reason to know that the obscene medium

depicts any prohibited sexual act or simulation of such act

and if that person knows or has reason to know that one or

more of the participants in that act is a child under eighteen

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years of age. A person who violates the provisions of this

subsection is guilty of a third degree felony.

C. It is unlawful for a person to intentionally

cause or permit a child under eighteen years of age to engage

in any prohibited sexual act or simulation of such an act if

that person knows, has reason to know or intends that the act

may be recorded in any obscene visual or print medium or

performed publicly. A person who violates the provisions of

this subsection is guilty of a third degree felony, unless the

child is under the age of thirteen, in which event the person

is guilty of a second degree felony.

D. It is unlawful for a person to intentionally

manufacture any obscene visual or print medium depicting any

prohibited sexual act or simulation of such an act if one or

more of the participants in that act is a child under eighteen

years of age. A person who violates the provisions of this

subsection is guilty of a second degree felony.

E. It is unlawful for a person to intentionally

manufacture any obscene visual or print medium depicting any

prohibited sexual act or simulation of such an act if that

person knows or has reason to know that the obscene medium

depicts a prohibited sexual act or simulation of such an act

and if that person knows or has reason to know that a real

child under eighteen years of age, who is not a participant,

is depicted as a participant in that act. A person who

violates the provisions of this subsection is guilty of a

fourth degree felony.

F. It is unlawful for a person to intentionally

distribute any obscene visual or print medium depicting any

prohibited sexual act or simulation of such an act if that

person knows or has reason to know that the obscene medium

depicts a prohibited sexual act or simulation of such an act

and if that person knows or has reason to know that a real

child under eighteen years of age, who is not a participant,

is depicted as a participant in that act. A person who

violates the provisions of this subsection is guilty of a

third degree felony.

G. The penalties provided for in this section

shall be in addition to those set out in Section 30-9-11 NMSA

1978."

Section 2. EFFECTIVE DATE.--The effective date of the

provisions of this act is July 1, 2007.

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