New Mexico prostitution laws

Prostitution in New Mexico is a simple petty misdemeanor, but the crime has the potential to send an offender to jail for up to 6 months on the first offense. New Mexico's laws prohibiting prostitution are pretty basic and much like the laws for the other 49 states in the U.S.All forms of prostitution and related crimes are considered unlawful and punishable by law.

Prostitution defined

New Mexico defines prostitution as offering to engage in or engaging in a sexual act for hire. When compensation is paid or valuables are exchanged for a sexual act, prostitution has occurred. The statutes in New Mexico define "sexual act" as a variety of things including cunnilingus, fellatio, sexual intercourse, masturbation of another, anal intercourse and causing penetration to any extent with any object of the genital or anal opening of another person.

While the first conviction of prostitution gets a defendant up to 6 months in jail and/or a find up to $500, additional convictions are considered misdemeanors and receive harsher sentences. Someone convicted two or more times may receive imprisonment for up to 1 year in jail and/or a fine up to $1,000 for each offense.

Patrons of prostitutes face the same sentencing structure. Patronization is defined as when one enters or remains inside a house of prostitution with the intent to engage in a sex act with a prostitute or when one hires a prostitute to engage in a sexual act.

Promotion of prostitution

The promotion of prostitution in New Mexico is deemed a fourth degree felony and is punishable by imprisonment for up to 18 months and/or a fine up to $5,000. There are several crimes included in the promotion of prostitution.

The first set of crimes included in the law regard houses of prostitution and pimping. One who maintains, supervises, establishes or owns a house of prostitution is guilty of promotion. Someone who leases or rents his property to someone to be used for prostitution may be convicted of promotion. Anyone who procures a prostitute for a house of prostitution or procures a patron for a prostitute or house of prostitute may be guilty of promotion. Receiving the earnings of a prostitute is a felony.

The second category of promotion involves causing someone to participate in prostitution. Someone who induces or encourages another to become a prostitute may be convicted of promotion. Additionally, one who procures a prostitute for a patron is punishable for promotion.

Transportation is the third category of promotion. One who pays for transportation, procures transportation or transports someone within the state for the purpose of committing acts of prostitution has committed promotion. Causing someone to enter or exit the state of New Mexico for prostitution, as a result of promises, threats, violence, duress or fraud, is guilty of promotion. Finally, one who causes someone to enter or leave the state of prostitution purposes, under the pretense of marriage is guilty of promotion.

Anyone who is convicted of prostitution or related crimes may be mandated by the court to undergo medical testing for venereal diseases. If the defendant is found to be infected, he or she may be sentenced to medical treatment until he or she is discharged as non-infectious.

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