The fact that forcible, nonconsensual sexual acts like rape and sexual assault are illegal needs no explanation. But what about sexual activities that are completely voluntary, or activities that don’t even seem sexual at all? Could “mooning” your friends be a violation of New Mexico’s “Indecent Exposure” statute? Does the “Indecent Dancing” statute prohibit strip clubs? And could the waitresses at the local Hooters get in trouble under the state’s “Indecent Waitering” law? This is a basic overview of prohibited consensual sexual activity laws in New Mexico.
Sexual Activities Laws
As referenced above, non-voluntary sexual acts are obviously prohibited, but state consensual sexual activity laws also restrict certain voluntary sexual activities. Generally these guidelines will reflect the prevalent social norms of at the time the laws were created, and are therefore subject to change or override. For example, while some states still have anti-sodomy laws on the books, New Mexico repealed their sodomy statute in 1975, long before the United States Supreme Court decision in 2003 in the Lawrence v. Texas which made the enforcement of such laws unconstitutional.
Consensual Sexual Activity Laws in New Mexico
New Mexico’s prohibited consensual sexual activity statutes are highlighted below.
State courts and authorities, for the most part, are hesitant to police what happens in a private bedroom. And the Land of Enchantment’s statutes are generally confined to public indecency, and outlawing exposure of one’s intimate parts to public view, particularly if one is dancing or waitering at the time. The state does explicitly protect the right of mothers to breastfeed in any location where she is otherwise authorized to be present, in order to avoid any confusion with its indecent exposure statute.
More Resources for New Mexico Prohibited Consensual Sexual Activity Laws
State consensual sex laws can vary from state to state, and the line between legal fun and illegal activity can seem fuzzy at times. For additional articles and information on this topic you can visit FindLaw's section on Sex Crimes. If you would like legal assistance with a sex crime matter, you can consult with a New Mexico criminal defense attorney in your area.