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HOUSE BILL 322
57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
INTRODUCED BY
Stefani Lord and John Block and Harlan Vincent
AN ACT
RELATING TO CRIME; PROVIDING THAT AGGRAVATED CRIMINAL SEXUAL
PENETRATION AND CRIMINAL SEXUAL PENETRATION OF A CHILD SHALL BE
PUNISHED BY DEATH; PROVIDING EXCEPTIONS; CREATING A FIRST
DEGREE FELONY FOR HUMAN SEXUAL TRAFFICKING AGAINST A VICTIM
UNDER EIGHTEEN YEARS OF AGE PUNISHABLE BY DEATH; ESTABLISHING A
FINE FOR FIRST DEGREE FELONY CRIMINAL SEXUAL PENETRATION OF A
CHILD.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 30-9-11 NMSA 1978 (being Laws 1975,
Chapter 109, Section 2, as amended) is amended to read:
"30-9-11. CRIMINAL SEXUAL PENETRATION.--
A. Criminal sexual penetration is the unlawful and
intentional causing of a person to engage in sexual
intercourse, cunnilingus, fellatio or anal intercourse or the
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causing of penetration, to any extent and with any object, of
the genital or anal openings of another, whether or not there
is any emission.
B. Criminal sexual penetration does not include
medically indicated procedures.
C. Aggravated criminal sexual penetration consists
of all criminal sexual penetration perpetrated on a child under
thirteen years of age with an intent to kill or with a depraved
mind regardless of human life. Whoever commits aggravated
criminal sexual penetration is guilty of a first degree felony
for aggravated criminal sexual penetration.
D. Criminal sexual penetration in the first degree
consists of all criminal sexual penetration perpetrated
[(1) on a child under thirteen years of age;
or
(2)] by the use of force or coercion that
results in great bodily harm or great mental anguish to the
victim.
Whoever commits criminal sexual penetration in the first
degree is guilty of a first degree felony.
E. Criminal sexual penetration of a child in the
first degree consists of all criminal sexual penetration
perpetrated on a child under eighteen years of age. Whoever
commits criminal sexual penetration of a child in the first
degree is guilty of a first degree felony for criminal sexual
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penetration of a child.
F. Whoever commits criminal sexual penetration of a
child when the child is thirteen to sixteen years of age and
the perpetrator is at least eighteen years of age and is at
least four years older than the child and not the spouse of
that child is guilty of a fourth degree felony.
G. Whoever commits criminal sexual penetration of a
child when the perpetrator is a licensed school employee, an
unlicensed school employee, a school contract employee, a
school health service provider or a school volunteer, and is at
least eighteen years of age and is at least four years older
than the child and not the spouse of that child, is guilty of a
first degree felony for criminal sexual penetration of a child.
[E.] H. Criminal sexual penetration in the second
degree consists of all criminal sexual penetration perpetrated:
[(1) by the use of force or coercion on a
child thirteen to eighteen years of age;
(2)] (1) on an inmate confined in a
correctional facility or jail when the perpetrator is in a
position of authority over the inmate;
[(3)] (2) by the use of force or coercion that
results in personal injury to the victim;
[(4)] (3) by the use of force or coercion when
the perpetrator is aided or abetted by one or more persons;
[(5)] (4) in the commission of any other
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felony; or
[(6)] (5) when the perpetrator is armed with a
deadly weapon.
Whoever commits criminal sexual penetration in the second
degree is guilty of a second degree felony. [Whoever commits
criminal sexual penetration in the second degree when the
victim is a child who is thirteen to eighteen years of age is
guilty of a second degree felony for a sexual offense against a
child and, notwithstanding the provisions of Section 31-18-15
NMSA 1978, shall be sentenced to a minimum term of imprisonment
of three years, which shall not be suspended or deferred. The
imposition of a minimum, mandatory term of imprisonment
pursuant to the provisions of this subsection shall not be
interpreted to preclude the imposition of sentencing
enhancements pursuant to the provisions of the Criminal
Sentencing Act.
F.] I. Criminal sexual penetration in the third
degree consists of all criminal sexual penetration perpetrated
through the use of force or coercion not otherwise specified in
this section.
Whoever commits criminal sexual penetration in the third
degree is guilty of a third degree felony.
[G. Criminal sexual penetration in the fourth
degree consists of all criminal sexual penetration:
(1) not defined in Subsections D through F of
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this section perpetrated on a child thirteen to sixteen years
of age when the perpetrator is at least eighteen years of age
and is at least four years older than the child and not the
spouse of that child; or
(2) perpetrated on a child thirteen to
eighteen years of age when the perpetrator, who is a licensed
school employee, an unlicensed school employee, a school
contract employee, a school health service provider or a school
volunteer, and who is at least eighteen years of age and is at
least four years older than the child and not the spouse of
that child, learns while performing services in or for a school
that the child is a student in a school.
Whoever commits criminal sexual penetration in the fourth
degree is guilty of a fourth degree felony. ]"
SECTION 2. Section 30-52-1 NMSA 1978 (being Laws 2008,
Chapter 17, Section 1) is amended to read:
"30-52-1. HUMAN TRAFFICKING.--
A. Human trafficking consists of a person
knowingly:
(1) recruiting, soliciting, enticing,
transporting or obtaining by any means another person with the
intent or knowledge that force, fraud or coercion will be used
to subject the person to labor, services or commercial sexual
activity;
(2) recruiting, soliciting, enticing,
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transporting or obtaining by any means a person under the age
of eighteen years with the intent or knowledge that the person
will be caused to engage in commercial sexual activity; or
(3) benefiting, financially or by receiving
anything of value, from the labor, services or commercial
sexual activity of another person with the knowledge that
force, fraud or coercion was used to obtain the labor, services
or commercial sexual activity.
B. The attorney general and the district attorney
in the county of jurisdiction have concurrent jurisdiction to
enforce the provisions of this section.
C. Except as provided in Subsection D of this
section, whoever commits human trafficking is guilty of a third
degree felony; except if the victim is under the age of:
(1) sixteen, the person is guilty of a second
degree felony; or
(2) thirteen, the person is guilty of a first
degree felony.
D. Whoever commits human trafficking if the conduct
is commercial sexual activity and the victim is under the age
of eighteen is guilty of a first degree felony for human sexual
trafficking against a victim under the age of eighteen.
[D.] E. Prosecution pursuant to this section shall
not prevent prosecution pursuant to any other provision of the
law when the conduct also constitutes a violation of that other
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provision.
[E.] F. In a prosecution pursuant to this section,
a human trafficking victim shall not be charged with accessory
to the crime of human trafficking.
[F.] G. A person convicted of human trafficking
shall, in addition to any other punishment, be ordered to make
restitution to the victim for the gross income or value of the
victim's labor or services and any other actual damages in
accordance with Section 31-17-1 NMSA 1978.
[G.] H. As used in this section:
(1) "coercion" means:
(a) causing or threatening to cause harm
to any person;
(b) using or threatening to use physical
force against any person;
(c) abusing or threatening to abuse the
law or legal process;
(d) threatening to report the
immigration status of any person to governmental authorities;
or
(e) knowingly destroying, concealing,
removing, confiscating or retaining any actual or purported
government document of any person; and
(2) "commercial sexual activity" means any
sexual act or sexually explicit exhibition for which anything
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of value is given, promised to or received by any person."
SECTION 3. Section 31-18-15 NMSA 1978 (being Laws 1977,
Chapter 216, Section 4, as amended) is amended to read:
"31-18-15. SENTENCING AUTHORITY--CAPITAL FELONIES --
NONCAPITAL FELONIES--BASIC SENTENCES AND FINES--PAROLE
AUTHORITY--MERITORIOUS DEDUCTIONS.--
A. As used in a statute that establishes a
noncapital felony, the following defined felony classifications
and associated basic sentences of imprisonment are as follows:
FELONY CLASSIFICATION BASIC SENTENCE
first degree felony
resulting in the death
of a child life imprisonment
first degree felony for
aggravated criminal sexual
penetration [life imprisonment ] death
first degree felony eighteen years imprisonment
first degree felony for
criminal sexual penetration
of a child death
first degree felony for
human sexual trafficking
against a victim under
eighteen years of age death
second degree felony
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resulting in the death of
a human being eighteen years imprisonment
second degree felony for a
sexual offense against a
child fifteen years imprisonment
second degree felony for
sexual exploitation of
children twelve years imprisonment
second degree felony nine years imprisonment
third degree felony resulting
in the death of a human being six years imprisonment
third degree felony for a
sexual offense against a
child six years imprisonment
third degree felony for sexual
exploitation of children eleven years imprisonment
third degree felony three years imprisonment
fourth degree felony for
sexual exploitation of
children ten years imprisonment
fourth degree felony eighteen months imprisonment.
B. The appropriate basic sentence of imprisonment
shall be imposed upon a person convicted and sentenced pursuant
to Subsection A of this section, unless the court alters the
sentence pursuant to the provisions of the Criminal Sentencing
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Act.
C. A period of parole shall be imposed only for
felony convictions wherein a person is sentenced to
imprisonment of more than one year, unless the parties to a
proceeding agree that a period of parole should be imposed. If
a period of parole is imposed, the court shall include in the
judgment and sentence of each person convicted and sentenced to
imprisonment in a corrections facility designated by the
corrections department authority for a period of parole to be
served in accordance with the provisions of Section 31-21-10
NMSA 1978 after the completion of any actual time of
imprisonment and authority to require, as a condition of
parole, the payment of the costs of parole services and
reimbursement to a law enforcement agency or local crime
stopper program in accordance with the provisions of that
section. If imposed, the period of parole shall be deemed to
be part of the sentence of the convicted person in addition to
the basic sentence imposed pursuant to Subsection A of this
section together with alterations, if any, pursuant to the
provisions of the Criminal Sentencing Act.
D. When a court imposes a sentence of imprisonment
pursuant to the provisions of Section 31-18-15.1, 31-18-16 or
31-18-17 NMSA 1978 and suspends or defers the basic sentence of
imprisonment provided pursuant to the provisions of Subsection
A of this section, the period of parole shall be served in
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accordance with the provisions of Section 31-21-10 NMSA 1978
for the degree of felony for the basic sentence for which the
inmate was convicted. For the purpose of designating a period
of parole, a court shall not consider that the basic sentence
of imprisonment was suspended or deferred and that the inmate
served a period of imprisonment pursuant to the provisions of
the Criminal Sentencing Act.
E. The court may, in addition to the imposition of
a basic sentence of imprisonment, impose a fine not to exceed:
(1) for a first degree felony resulting in the
death of a child, seventeen thousand five hundred dollars
($17,500);
(2) for a first degree felony for aggravated
criminal sexual penetration, [seventeen thousand five hundred
dollars ($17,500)] one hundred thousand dollars ($100,000) ;
(3) for a first degree felony, fifteen
thousand dollars ($15,000);
(4) for a first degree felony for criminal
sexual penetration of a child, one hundred thousand dollars
($100,000);
[(4)] (5) for a second degree felony resulting
in the death of a human being, twelve thousand five hundred
dollars ($12,500);
[(5)] (6) for a second degree felony for a
sexual offense against a child, twelve thousand five hundred
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dollars ($12,500);
[(6)] (7) for a second degree felony for
sexual exploitation of children, five thousand dollars
($5,000);
[(7)] (8) for a second degree felony, ten
thousand dollars ($10,000);
[(8)] (9) for a third degree felony resulting
in the death of a human being, five thousand dollars ($5,000);
[(9)] (10) for a third degree felony for a
sexual offense against a child, five thousand dollars ($5,000);
[(10)] (11) for a third degree felony for
sexual exploitation of children, five thousand dollars
($5,000);
[(11)] (12) for a third or fourth degree
felony, five thousand dollars ($5,000); or
[(12)] (13) for a fourth degree felony for
sexual exploitation of children, five thousand dollars
($5,000).
F. When the court imposes a sentence of
imprisonment for a felony offense, the court shall indicate
whether or not the offense is a serious violent offense as
defined in Section 33-2-34 NMSA 1978. The court shall inform
an offender that the offender's sentence of imprisonment is
subject to the provisions of Sections 33-2-34, 33-2-36, 33-2-37
and 33-2-38 NMSA 1978. If the court fails to inform an
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offender that the offender's sentence is subject to those
provisions or if the court provides the offender with erroneous
information regarding those provisions, the failure to inform
or the error shall not provide a basis for a writ of habeas
corpus.
G. No later than October 31 of each year, the
New Mexico sentencing commission shall provide a written report
to the secretary of corrections, all New Mexico criminal court
judges, the administrative office of the district attorneys and
the chief public defender. The report shall specify the
average reduction in the sentence of imprisonment for serious
violent offenses and nonviolent offenses, as defined in Section
33-2-34 NMSA 1978, due to meritorious deductions earned by
prisoners during the previous fiscal year pursuant to the
provisions of Sections 33-2-34, 33-2-36, 33-2-37 and 33-2-38
NMSA 1978. The corrections department shall allow the
commission access to documents used by the department to
determine earned meritorious deductions for prisoners."
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