New Mexico Child Pornography Laws
Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016
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Under both federal and state laws, it is a crime to produce, possess, or distribute, child pornography. However, what constitutes child pornography differs slightly from state to state.
In New Mexico, child pornography is criminalized under the Sexual Exploitation of Children Act. Under this law, it is illegal to possess, distribute, or produce material that depicts a minor (someone under 18 years old) engaging in "prohibited sexual act." Prohibited sexual acts are any of the following:
- Sexual intercourse (including genital-genital, oral-genital, anal-genital, or oral- anal, between people of the same or of the opposite sex)
- Bestiality
- Masturbation
- Sadomasochistic abuse for the purpose of sexual stimulation, or
- Lewd and sexually explicit exhibition focusing on the genital or pubic area for the purpose of sexual stimulation
The following table briefly highlights the main aspects of New Mexico's Sexual Exploitation of Children Act.
Code Section |
New Mexico Code section 30-6A-1: The Sexual Exploitation of Children Act |
Possessing Child Pornography |
It is illegal to:
Penalty: Fourth degree felony. |
Distributing Child Pornography |
It is illegal to:
Penalty: Third degree felony. |
Producing Child Pornography |
It is illegal to:
|
Additional Resources
State laws change frequently. For case specific information regarding New Mexico's child pornography laws contact a local criminal defense attorney.
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