Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance

committees of the NM Legislature. The LFC does not assume responsibility for the accuracy of these reports

if they are used for other purposes.

Current FIRs (in HTML & Adobe PDF formats) are a vailable on the NM Legislative Website (legis.state.nm.us).

Adobe PDF versions include all attachments, whereas HTML versions may not. Previously issued FIRs and

attachments may be obtained from the LFC in Suite 101 of the State Capitol Building North.

F I S C A L I M P A C T R E P O R T

SPONSOR SPAC

ORIGINAL DATE

LAST UPDATED

2/19/07

2/28/07 HB

SHORT TITLE

Child Solicitation by Electronic Devices

SB 735/SPACS

ANALYST C. Sanchez

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to HB 520 and 578, and SB 439, 450, 468 and 528

Duplicates HB 663

SOURCES OF INFORMATION

LFC Files

Responses Received From

Administrative Office of the Courts (AOC)

Public Defenders Department (PDD)

Corrections Department (CD)

Public Education Department (PED)

SUMMARY

Synopsis of Bill

The Senate Public Affairs Committee substitute for SB 735 amends Section 30-37-3.2 NMSA.

Child solicitation by an electronic communication device is defined as knowingly and

intentionally soliciting a child under sixteen years of age by means of an electronic

communication device to engage in sexual intercourse, sexual contact or in a sexual or obscene

performance, or to engage in other sexual contact with the perpetrator who is at least four years

older than the child. In the current statute the age difference need only be three years.

An electronic communication device is defined as a computer, video recorder, digital camera, fax

machine, telephone, cellular telephone, pager, audio equipment, or any device that can produce

an electronically generated image message or signal.

Senate Bill 735/SPACS – Page

2

The criminal degree varies based on the age of the victim and the actions of the perpetrator.

•

Fourth degree felony, if the child is between 13 and 16 years old.

•

Third degree felony, if the child is less than 13 years old.

•

Third degree felony, if the child is between 13 and 16 years old and the person who

commits the solicitation also appears, attends, or is present at a meeting with the person

arranged through the solicitation

•

Second degree felony if the child is less than 13 years old and the person who commits

the solicitation also appears, attends, or is present at a meeting with the person arranged

through the solicitation

The committee substitute adds this offense to those offenses included in:

•

Sex Offender Registration and Notification Act, § 29-11A-3 and §29-11A-5 NMSA 1978

and

•

Terms and conditions for parole for sex offenders, §31-21-10.1 NMSA 1978

The effective date of the Act is July 1, 2007.

SIGNIFICANT ISSUES

The Act is recognizing and responding to technological advancements in electronic

communication devices.

PERFORMANCE IMPLICATIONS

The courts are participating in performance-based budgeting. This bill may have an impact on

the measures of the district courts in the following areas:

•

Cases disposed of as a percent of cases filed

•

Percent change in case filings by case type

This bill could impact the Corrections Department’s programs if there were more than just a few

additional convictions.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

Relates to HB 520 and 578, and SB 439, 450, 468 and 528.

Duplicates HB 663

OTHER SUBSTANTIVE ISSUES

According to the Administrative Office of the Courts, it is not clear in section 30-37-3.2 B. what

the legislation is attempting to make a 2nd degree felony. The question is does this definition

only apply to a “meeting" that actually occurs between the perpetrator and a child. The term

“meeting" could be construed as the section only applying when the perpetrator and child

actually meet and no other situation. This could prove problematic when a child is in the same

location as the perpetrator but there has not been a “meeting" or the officer posing as a child is

not at the “meeting".

Senate Bill 735/SPACS – Page

3

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL

The offense of child solicitation by computer will not be amended to include all electronic

communication devices, and the offense will not be added to the list of offenses enumerated

under the Sex Offender Registration and Notification Act.

CS/nt