9/5/2023 0 Comments Age of consent in mexico§§ 29-11A-3, 29-11A-4 (2018).) Defenses to a Statutory Rape Charge in New Mexicoĭefendants charged with statutory rape have the usual defenses available to all criminal defendants, such as "Someone else committed this crime," or "The alleged conduct did not occur." One or more of the following defenses may also apply. State law requires-in addition to the applicable fines and prison time-that people convicted of statutory rape must register as sex offenders. Third degree criminal sexual contact is punishable by up to six years in prison, a fine of up to $5,000, or both. Penalties for second degree criminal sexual contact include at least three years (and up to 15 years) in prison, a fine of up to $12,500, or both. Criminal sexual contact with a minor is either a second or third degree felony, depending on the type of touching involved. §§ 30-9-11, 31-18-15 (2018).)Ĭriminal sexual contact with a minor includes sexual touching between a minor who is younger than 13 and a defendant of any age. The crime is a fourth degree felony, punishable by up to 18 months in prison, a fine of as much as $5,000, or both. §§ 30-9-11, 31-18-15 (2018).)įourth degree criminal sexual penetration includes sexual penetration with a child who is 13, 14, or 15, when the defendant is at least 18 years old and at least four years older than the victim. The offense is a first degree felony, punishable by up to 18 years in prison, a fine of $15,000, or both. The law is complex and changes regularly.įirst degree criminal sexual penetration includes oral, anal, or genital sexual intercourse or penetration (however slight, with an object or body part) with a minor who is younger than 13 years old. If you are trying to determine the legality of any kind of conduct, make sure to consult an experienced criminal defense attorney. The information in this article provides an overview of the law relating to statutory rape. Penalties depend on the ages of the defendant and victim, and the conduct that occurred, as described below. Statutory rape is prosecuted under New Mexico's criminal sexual contact and penetration laws. New Mexico's Statutory Rape Laws and Potential Penalties Assaults of a sexual nature may also be charged under the state's assault and battery laws and child enticement and abuse laws. Of course, rape that does involve force or an assault is illegal in New Mexico and prosecuted as forcible rape. Though statutory rape does not require that the prosecutor prove an assault, it is still rape. The age of consent can vary among states, and some states differentiate between consensual sex between minors who are close in age (for example, two teenagers of the same age), as opposed to sex between a minor and a much older adult. Their incapacity is written into the statute-hence the term, "statutory" rape. Statutory rape laws are premised on the assumption that minors are incapable of giving informed consent to sexual activities. Those who break the law have committed statutory rape, even if the child agrees to or initiates the activity. In New Mexico, it is illegal for an adult (someone 18 or older) to have sex with a minor (someone younger than 16), even if the sex is consensual.
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