New Mexico Child Pornography Laws

Code Section

Possessing Child Pornography

It is illegal to:

• Intentionally possess any material depicting a prohibited sexual act (or simulation of such an act), if the offender knows (or has reason to know) that at least one of the people depicted is a child under 18 years old

Penalty: Fourth degree felony.

Distributing Child Pornography

It is illegal to:

• Intentionally distributing material depicting a prohibited sexual act (or simulation of such an act), if the offender knows (or has reason to know) that at least one of the people depicted is a child under 18 years old, or
• Intentionally distributing any material depicting a prohibited sexual act (or simulation of such an act) if the offender knows (or has reason to know) that a real child who is under 18 years old, who isn't a participant, is depicted as a participant in that act

Penalty: Third degree felony.

Producing Child Pornography

• Intentionally manufacture any material depicting a prohibited sexual act (or simulation of such an act), if one or more of the participants are less than 18 years old
• Penalty: Second degree felony

• Intentionally cause or permit a child under 18 years old to engage in a prohibited sexual act (or simulation of such an act), if the offender knows or intends that the act will be recorded or performed publicly
• Penalty: Third degree felony, but if the child is less than 13 years old then it is a second degree felony.

• Intentionally manufacture any material depicting a prohibited sexual act (or simulation of such an act) if the offender knows (or has reason to know) that a real child who is less than 18 years old, who isn't a participant in the act, is depicted as a participant in that act
• Penalty: Fourth degree felony.