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HOUSE BILL 558
57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
INTRODUCED BY
John Block and Rebecca Dow
AN ACT
RELATING TO SEXUALLY ORIENTED MATERIAL HARMFUL TO MINORS;
PROHIBITING SEXUALLY EXPLICIT MATERIAL AT PUBLIC SCHOOLS,
DEFINING TERMS AND PROVIDING FOR ENFORCEMENT; AMENDING SECTION
30-37-5 NMSA 1978 (BEING LAWS 1973, CHAPTER 257, SECTION 5) TO
REMOVE EXCLUSIONS AND DEFENSES RELATED TO SCHOOLS FOR THE
CRIMES ENUMERATED IN CHAPTER 30, ARTICLE 37 NMSA 1978; MAKING
CONFORMING AMENDMENTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the Public School Code is
enacted to read:
"[NEW MATERIAL] PROTECTION OF STUDENTS FROM SEXUALLY
EXPLICIT MATERIAL--DEFINITIONS--PROHIBITED MATERIAL AND
ACTIVITIES--ENFORCEMENT.--
A. As used in this section:
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(1) "sexual education and biology material"
means medically or scientifically accurate material or content
that has educational value and meets department-approved
academic content and performance standards for age-appropriate
sexual education, health, biology or related science courses;
and
(2) "sexually explicit material" means
material or content, in any format, that is not sexual
education and biology material or suitable for broadcast on
radio or television in accordance with federal law or rules and
regulations promulgated by the federal communications
commission and includes:
(a) gratuitous depictions or
descriptions of sexual intercourse, sexual contact or sexual
acts, including sodomy, oral-genital contact, masturbation or
penetration;
(b) nudity, genitalia or other sexual
organs depicted or described in a manner intended to arouse or
appeal to prurient interests;
(c) a writing, image or audio containing
lascivious or prurient dialogue, conduct or imagery; or
(d) gratuitous depictions or
descriptions of sexual violence, exploitation or abuse,
including rape, incest, pedophilia or other nonconsensual
sexual acts.
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B. Sexually explicit material shall be prohibited
at public schools and shall not be used by a school employee or
a public school contractor or volunteer in curricula,
instruction or extracurricular activities.
C. A school employee or a public school contractor
or volunteer shall not knowingly provide, recommend or
otherwise make available sexually explicit material to a
student at a public school or an extracurricular activity.
D. The department shall promulgate rules for local
school boards and charter school governing bodies to enforce
the provisions of this section in accordance with the
following:
(1) an unlicensed school employee who violates
the provisions of Subsection B or C of this section shall be
subject to termination or discharge pursuant the School
Personnel Act;
(2) a licensed school employee who violates
the provisions of Subsection B or C of this section shall be
subject to termination or discharge and denial, suspension or
revocation of a department-issued license pursuant to the
School Personnel Act and the Uniform Licensing Act; and
(3) a public school contractor or volunteer
who violates the provisions of Subsection B or C of this
section shall have the contractor's or volunteer's privilege of
accessing a public school revoked.
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E. The department shall seek a fine not to exceed
five hundred dollars ($500) per incident from a school district
or charter school that violates the provisions of Subsection B
or C of this section or that fails to comply with the
provisions of Subsection D of this section."
SECTION 2. Section 30-37-5 NMSA 1978 (being Laws 1973,
Chapter 257, Section 5) is amended to read:
"30-37-5. EXCLUSIONS--DEFENSES.--No person shall be
guilty of violating the provisions of [this act ] Chapter 30,
Article 37 NMSA 1978:
A. where [such] the person had reasonable cause to
believe that the minor involved had reached [his eighteenth
birthday] eighteen years of age , and [such] the minor exhibited
to [such] the person a draft card, driver's license, birth
certificate or other official or apparently official document
purporting to establish that [such ] the minor had reached [his
eighteenth birthday; or ] eighteen years of age ;
B. if the minor was accompanied by [his ] a parent
or guardian, or the parent or guardian has in writing waived
the application of [this act ] Chapter 30, Article 37 NMSA 1978
either generally or with reference to the particular
transaction; [or]
C. where [such] the person had reasonable cause to
believe that the person was the parent or guardian of the
minor; or
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D. where [such] the person is a bona fide [school ]
museum or public library or is acting in [his ] the capacity as
an employee of [such] the organization, or as a retail outlet
affiliated with and serving the educational purposes of [such ]
the organization."
SECTION 3. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2025.
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