0001|                           HOUSE BILL 1177
    |
0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
    |
0003|                            INTRODUCED BY
    |
0004|                            THOMAS P. FOY
    |
0005|     
    |
0006|                                   
    |
0007|     
    |
0008|                                   
    |
0009|     
    |
0010|                                AN ACT
    |
0011|     RELATING TO CRIMINAL LAW; CHANGING AN ELEMENT OF CRIMINAL
    |
0012|     SEXUAL PENETRATION IN THE SECOND DEGREE AND CRIMINAL SEXUAL
    |
0013|     PENETRATION IN THE FOURTH DEGREE; AMENDING A SECTION OF THE
    |
0014|     NMSA 1978.
    |
0015|     
    |
0016|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
    |
0017|          Section 1.  Section 30-9-11 NMSA 1978 (being Laws 1975,
    |
0018|     Chapter 109, Section 2, as amended) is amended to read:
    |
0019|          "30-9-11.  CRIMINAL SEXUAL PENETRATION.--
    |
0020|               A.  Criminal sexual penetration is the unlawful and
    |
0021|     intentional causing of a person to engage in sexual
    |
0022|     intercourse, cunnilingus, fellatio or anal intercourse or the
    |
0023|     causing of penetration, to any extent and with any object, of
    |
0024|     the genital or anal openings of another, whether or not there
    |
0025|     is any emission.
    |
0001|               B.  Criminal sexual penetration does not include
    |
0002|     medically indicated procedures.
    |
0003|               C.  Criminal sexual penetration in the first degree
    |
0004|     consists of all sexual penetration perpetrated:
    |
0005|                    (1)  on a child under thirteen years of age; or
    |
0006|                    (2)  by the use of force or coercion that
    |
0007|     results in great bodily harm or great mental anguish to the
    |
0008|     victim. 
    |
0009|          Whoever commits criminal sexual penetration in the first
    |
0010|     degree is guilty of a first degree felony.
    |
0011|               D.  Criminal sexual penetration in the second degree
    |
0012|     consists of all criminal sexual penetration perpetrated:
    |
0013|                    (1)  on a child thirteen to <s>[sixteen]</s>
    |
0014|     <u>seventeen</u> years of age when the perpetrator is in a position
    |
0015|     of authority over the child and uses this authority to coerce
    |
0016|     the child to submit;
    |
0017|                    (2)  on an inmate confined in a correctional
    |
0018|     facility or jail when the perpetrator is in a position of
    |
0019|     authority over the inmate;
    |
0020|                    (3)  by the use of force or coercion that
    |
0021|     results in personal injury to the victim;
    |
0022|                    (4)  by the use of force or coercion when the
    |
0023|     perpetrator is aided or abetted by one or more persons;
    |
0024|                    (5)  in the commission of any other felony; or
    |
0025|                    (6)  when the perpetrator is armed with a
    |
0001|     deadly weapon.
    |
0002|          Whoever commits criminal sexual penetration in the second
    |
0003|     degree is guilty of a second degree felony.
    |
0004|               E.  Criminal sexual penetration in the third degree
    |
0005|     consists of all criminal sexual penetration perpetrated through
    |
0006|     the use of force or coercion.
    |
0007|          Whoever commits criminal sexual penetration in the third
    |
0008|     degree is guilty of a third degree felony.
    |
0009|               F.  Criminal sexual penetration in the fourth degree
    |
0010|     consists of all criminal sexual penetration not defined in
    |
0011|     Subsections C through E of this section perpetrated on a child
    |
0012|     thirteen to <s>[sixteen]</s> <u>seventeen</u> years of age when the
    |
0013|     perpetrator is at least eighteen years of age and is at least
    |
0014|     four years older than and not the spouse of that child.
    |
0015|          Whoever commits criminal sexual penetration in the fourth
    |
0016|     degree is guilty of a fourth degree felony."
    |
0017|          Section 2.  EFFECTIVE DATE.--The effective date of the
    |
0018|     provisions of this act is July 1, 1997.
    |