SENATE BILL 79

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

INTRODUCED BY

Jacob R. Candelaria and Tim D. Lewis

AN ACT

RELATING TO PROSTITUTION; INCLUDING ELECTRONIC AND ONLINE ACTIVITY AS A FORM OF PROMOTING PROSTITUTION.

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

     SECTION 1. Section 30-9-4 NMSA 1978 (being Laws 1963, Chapter 303, Section 9-13, as amended) is amended to read:

     "30-9-4. PROMOTING PROSTITUTION.--

          A. Promoting prostitution consists of any person, acting other than as a prostitute or patron of a prostitute:

                [A.] (1) knowingly establishing, owning, maintaining or managing a house of prostitution or a place where prostitution is practiced, encouraged or allowed, or participating in the establishment, ownership, maintenance or management thereof;

                [B.] (2) knowingly entering into any lease or rental agreement for any premises [which] that a person partially or wholly owns or controls, knowing that [such] the premises are intended for use as a house of prostitution or as a place where prostitution is practiced, encouraged or allowed;

                [C.] (3) knowingly procuring a prostitute for a house of prostitution or for a place where prostitution is practiced, encouraged or allowed;

                [D.] (4) knowingly inducing another to become a prostitute;

                [E.] (5) knowingly soliciting a patron for a prostitute or for a house of prostitution or for any place where prostitution is practiced, encouraged or allowed;

                [F.] (6) knowingly procuring a prostitute for a patron and receiving compensation therefor;

                [G.] (7) knowingly procuring transportation for, paying for the transportation of or transporting a person within the state with the intention of promoting that person's engaging in prostitution;

                [H.] (8) knowingly procuring through promises, threats, duress or fraud any person to come into the state or causing a person to leave the state for the purpose of prostitution; or

                [I.] (9) under pretense of marriage, knowingly detaining a person or taking a person into the state or causing a person to leave the state for the purpose of prostitution.

          B. Promoting prostitution also consists of using an electronic, virtual or online forum or an internet web site to engage in any of the conduct described in Subsection A of this section.

          C. For the purposes of this section, a "place where prostitution is practiced, encouraged or allowed" means a physical location, a computer, an internet web site or any other virtual or online forum.

          D. Whoever commits promoting prostitution is guilty of a fourth degree felony."

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

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