New Mexico Prostitution and Solicitation Laws

Created by FindLaw's team of legal writers and editors | Last reviewed February 10, 2023

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New Mexico prohibits prostitution (having sex for money), solicitation (patronizing a prostitute), and pimping (promoting prostitution). Promoting prostitution includes things such as owning a house of prostitution, renting or leasing a property for prostitution purposes, inducing a person to become a prostitute, or soliciting a patron for a prostitute. The following is a brief summary of New Mexico's prostitution and solicitation laws.

New Mexico Prostitution and Solicitation Laws

The following table outlines New Mexico's prostitution and solicitation laws.

Code Sections NEW MEXICO STAT. ANN. § 30-9-2 et seq.
What is Prohibited?

Prostitution:

Engaging or offering to engage in a sexual act for pay.

Solicitation (a.k.a. patronizing a prostitute):

Knowingly hiring or offering to hire a prostitute or a person believed to be a prostitute or remaining in a house of prostitution or other place where prostitution is practiced, encouraged, or allowed with the intent of engaging in a sexual act with a prostitute.

Pimping (a.k.a. promoting prostitution):

Promoting prostitution consists of knowingly performing any of the following:

  • Establishing, owning, maintaining, or managing a house of prostitution or other place where prostitution is encouraged or allowed or participating in any of the above acts
  • Renting or leasing premises knowing that it is to be used for prostitution purposes
  • Inducing another person to become a prostitute
  • Soliciting a patron for a prostitute or prostitution business
  • Transporting, procuring, or paying for transportation of a person within the state for prostitution purposes
  • Causing a person to come to or leave the state for prostitution purposes through promise, threat, duress, or fraud
  • Under pretense of marriage, detaining a person or causing a person to come to or leave the state for prostitution purposes
Penalties

Prostitution and solicitation are petty misdemeanors punishable by up to 6 months in prison and up to $500 in fines. A second or subsequent offense of prostitution or solicitation is a misdemeanor punishable by up to 1 year in prison and up to $1,000 in fines.

Pimping is a fourth-degree felony punishable by up to 18 months in prison and up to $5,000 in fines.

New Mexico Prostitution and Solicitation Laws: Related Resources

Being charged with a prostitution or prostitution related offense is a serious matter. If you or someone you know has been charged with prostitution or a prostitution related crime, you may want to consult with a New Mexico criminal defense attorney. You can also visit FindLaw's sections on Prostitution, Solicitation, and Pimping and Pandering Laws for more articles and information on these topics.

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