HOUSE BILL 174

51st legislature - STATE OF NEW MEXICO - second session, 2014

INTRODUCED BY

Vicki Perea

AN ACT

RELATING TO CRIMINAL LAW; INCREASING THE CRIMINAL PENALTY FOR ENTICEMENT OF A CHILD.

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

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

     "30-9-1. ENTICEMENT OF CHILD.--

          A. Enticement of child consists of:

                [A.] (1) enticing, persuading or attempting to persuade a child under the age of sixteen 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.] (2) having possession of a child under the age of sixteen 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.

          B. Whoever commits enticement of child is guilty of a [misdemeanor]:

                (1) fourth degree felony if the child is at least thirteen but under sixteen years of age; or

                (2) third degree felony if the child is under thirteen years of age."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2014.

- 2 -