HOUSE BILL 101

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

David M. Gallegos

AN ACT

RELATING TO CRIMINAL LAW; REVISING PENALTIES FOR SEXUAL EXPLOITATION OF CHILDREN BY PROSTITUTION.

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

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

     "30-6A-1. SHORT TITLE.--[Sections 1 through 4 of this act] Chapter 30, Article 6A NMSA 1978 may be cited as the "Sexual Exploitation of Children Act"."

     SECTION 2. 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 years of age or younger engaging in a prohibited sexual act with another is guilty of a second degree felony, unless the child is [under the age of] thirteen years of age or younger, in which event the person is guilty of a first degree felony.

          B. Any person hiring or offering to hire a child who is thirteen years of age or younger to engage in any prohibited sexual act is guilty of a first degree felony.

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

          [C.] D. Any parent, legal guardian or person having custody or control of a child under sixteen 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 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2015.

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