44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO CRIMINAL LAW; MAKING POSSESSION OF ANY VISUAL OR PRINT MEDIUM THAT SEXUALLY EXPLOITS CHILDREN A CRIME.

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

Section 1. Section 30-6A-3 NMSA 1978 (being Laws 1984, Chapter 92, Section 3, as amended) is amended to read:

"30-6A-3. SEXUAL EXPLOITATION OF CHILDREN.--

A. It is unlawful for any person to intentionally distribute [or possess with intent to distribute] any visual or print medium depicting any prohibited sexual act or simulation of such an act if that person knows or has reason to know that the medium depicts any prohibited sexual act or simulation of such act and if that person knows or has reason to know that one or more of the participants in that act is a child under eighteen years of age. Any person who violates this subsection is guilty of a third degree felony.

B. It is unlawful for any person to intentionally cause or permit a child under eighteen years of age to engage in any prohibited sexual act or simulation of such an act if that person knows, has reason to know or intends that the act may be recorded in any visual or print medium or performed publicly. Any person who violates this subsection is guilty of a third degree felony, unless the child is under the age of thirteen, in which event the person is guilty of a second degree felony.

C. It is unlawful for any person to intentionally manufacture any visual or print medium depicting any prohibited sexual act or simulation of such an act if one or more of the participants in that act is a child under eighteen years of age. Any person who violates this subsection is guilty of a second degree felony.

D. The penalties provided for in this section shall be in addition to those set out in Section 30-9-11 NMSA 1978.

E. It is unlawful for any person to intentionally possess any visual or print medium depicting any prohibited sexual act if that person knows that the medium depicts any prohibited sexual act and if that person knows that one or more of the participants in that act is a child under fourteen years of age. Any person who violates this subsection is guilty of a fourth degree felony."