Being arrested or facing allegations of sex crimes can be scary and devastating. There may be a rush to judgment prior to you having an opportunity to plead your innocence in court. We believe that everyone deserves to have an attorney on their side to protect them and fight for their rights. The attorneys at New Mexico Legal Group have handled over 5,000 criminal law cases and can use that expertise to help you.
Sex Offense Laws in New Mexico
New Mexico Indecent Exposure Statutes
Indecent exposure is exposing genitals to the public. Indecent exposure is a misdemeanor that carries a punishment of 6 months to 1 year in jail, fines, participation in mandatory counseling, and probation. Aggravated indecent exposure is exposing genitals in public with the intent to threaten and intimate someone. Aggravated indecent exposure is a fourth-degree felony that could lead to an 18-month prison term.
Rape
Criminal sexual activity is forcing or coercing someone to participate in sexual intercourse against their will. Rape and sexual assault involve penetration of the person’s body with genitalia or an object. Rape is a felony offense with punishments that range from 18 months to 9 years in prison. Rape committed with the intent to kill someone is a first-degree offense with a maximum 18 years prison sentence.
Child Molestation
Sexual conduct with a minor is illegal. Intentionally touching a child in a sexual manner or forcing a child to touch a person’s sexual body parts constitutes criminal sexual contact of a minor. The severity of the punishment depends on the child’s age, if the application of force or coercion resulted in physical harm to the child, and if a deadly weapon was used. These criminal offenses are felonies that can range from 18 months to 9 years in prison.
Prostitution
Prostitution is engaging in sexual activities for payment. Prostitution is a petty misdemeanor with a punishment of up to 6 months in prison and a fine. The criminal punishments are harsher for repeat offenders.
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Frequently Asked Questions
What should I do if I’ve been arrested in New Mexico?
Stay calm, do not resist arrest, and avoid discussing your case with law enforcement without a lawyer. You have the right to remain silent and the right to an attorney.
Will I have to go to jail if I’m charged with a crime?
Not necessarily. Whether you face jail time depends on several factors, such as the severity of the charges, your prior record, and the evidence against you. A skilled attorney can often negotiate alternatives to jail, including diversion programs or dismissal of charges.
Do I have to talk to the police or answer their questions?
No, you don’t. You are protected by the Constitution and have the right to stay silent and have a lawyer with you during any questioning. It’s best to politely decline to answer and clearly ask for an attorney.
How soon should I contact a criminal defense lawyer?
As quickly as possible. Reaching out to a defense attorney right away helps ensure your rights are protected, crucial evidence is preserved, and your defense strategy is start.