HOUSE BILL 346

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Debbie A. Rodella

AN ACT

RELATING TO PROSTITUTION; RAISING THE AGE OF SEXUAL EXPLOITATION OF CHILDREN BY PROSTITUTION AND ENTICEMENT OF CHILD FROM SIXTEEN TO EIGHTEEN.

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

     SECTION 1. Section 30-6A-4 NMSA 1978 (being Laws 1984, Chapter 92, Section 4, as amended) is amended to read:

     "30-6A-4. SEXUAL EXPLOITATION OF CHILDREN BY PROSTITUTION.--

          A. Any person knowingly receiving any pecuniary profit as a result of a child under the age of [sixteen] eighteen engaging in a prohibited sexual act with another is guilty of a second degree felony, unless the child is under the age of thirteen, in which event the person is guilty of a first degree felony.

          B. Any person hiring or offering to hire a child over the age of thirteen and under the age of [sixteen] eighteen to engage in any prohibited sexual act is guilty of a second degree felony.

          C. Any parent, legal guardian or person having custody or control of a child under [sixteen] eighteen years of age who knowingly permits that child to engage in or to assist any other person to engage in any prohibited sexual act or simulation of such an act for the purpose of producing any visual or print medium depicting such an act is guilty of a third degree felony."

     SECTION 2. Section 30-9-1 NMSA 1978 (being Laws 1963, Chapter 303, Section 9-10) is amended to read:

     "30-9-1. ENTICEMENT OF CHILD.--Enticement of child consists of:

          A. enticing, persuading or attempting to persuade a child under the age of [sixteen] eighteen years to enter any vehicle, building, room or secluded place with intent to commit an act [which] that would constitute a crime under Chapter 30, Article 9 [of the Criminal Code] NMSA 1978; or

          B. having possession of a child under the age of [sixteen] eighteen years in any vehicle, building, room or secluded place with intent to commit an act [which] that would constitute a crime under Chapter 30, Article 9 [of the Criminal Code] NMSA 1978.

     Whoever commits enticement of child is guilty of a misdemeanor."

     SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2013.

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