New Mexico PROSTITUTION LAWS

New Mexico Prostitution Laws

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

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

C. 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.”

30-9-3. PATRONIZING PROSTITUTES

A. Patronizing prostitutes consists of:

[A.] (1) entering or remaining in a house of prostitution or any other place where prostitution is practiced, encouraged or allowed with intent to engage in a sexual act with a prostitute; or

[B.] (2) knowingly hiring or offering to hire a prostitute, or one believed by the offeror to be a prostitute, to engage in a sexual act with the actor or another.

B. As used in this section, “a sexual act” means sexual intercourse, cunnilingus, fellatio, masturbation of another, anal intercourse or the causing of penetration to any extent and with any object of the genital or an anal opening of another, whether or not there is any emission.

C. Whoever commits patronizing prostitutes is guilty of a [petty] misdemeanor, unless such crime is a second or subsequent conviction, in which case such person is guilty of a [misdemeanor] fourth degree felony.”

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. Whoever commits promoting prostitution is guilty of a [fourth] third degree felony.”

30-9-4.1. ACCEPTING EARNINGS OF A PROSTITUTE

A. Accepting the earnings of a prostitute consists of accepting, receiving, levying or appropriating money or anything of value, without consideration, from the proceeds of the earnings of a person engaged in prostitution with the knowledge that the person is engaged in prostitution and that the earnings are derived from engaging in prostitution, or knowingly owning or knowingly managing a house or other place where prostitution is practiced or allowed and living or deriving support or maintenance, in whole or in part, from the earnings or proceeds of a person engaged in prostitution at that house or place.

B. Whoever commits accepting the earnings of a prostitute is guilty of a [fourth] third degree felony.”