In New Mexico, it is illegal for an adult someone 18 or older to have sex with a minor someone younger than 16even if the sex is consensual. Those who break the Dating laws in new mexico have "Dating laws in new mexico" statutory rapeeven if the child agrees to or initiates the activity. Statutory rape laws are premised on the assumption that minors are incapable of giving informed consent to sexual activities. The age of consent can vary among states, and some states differentiate between consensual sex between minors who are close in age for example, two teenagers of the same ageas opposed to sex between a minor and a much older adult.
Though statutory rape does not require that the prosecutor prove an assault, it is still rape.
Of course, rape that does involve force or an assault is illegal in New Mexico and prosecuted as forcible rape. Penalties depend on the ages of the defendant and victim, and the conduct that occurred, as described below. First degree Dating laws in new mexico sexual penetration includes oral, anal, or genital sexual intercourse or penetration however slight, with an object or body part with a minor who is younger than 13 Dating laws in new mexico old. Fourth degree criminal sexual penetration includes sexual penetration with a child who is 13, 14, or 15, when the defendant is at least 18 years old and at least four years older than the victim.
Criminal sexual contact with a minor includes sexual touching between a minor who is younger than 13 and a defendant of any age. Criminal sexual contact with a minor is either a second or third degree felony, depending on the type of touching involved. State Dating laws in new mexico requires—in addition to the applicable fines and prison time—that people convicted of statutory rape must register as sex offenders. This defense is a remnant of the marital rape exemption.
Minors are legally incapable of giving consent to having sex. So for example, if Jen, a year-old willingly has sex with Tony, her year-old boyfriend, Tony can be charged with rape, since Jen is not legally capable of giving consent in the first place.
But if Jen and Tony are married and living in New Mexico, Tony need not fear criminal charges for having consensual sex with Jen. However, if Tony were to rape Jen force her to have sex against her willhe would have no protection under the law even if the two are married. The law applies to consensual sexual acts between a minor who is 13 or older and a defendant who is younger than 18 and less than four years older than the younger minor.
However, sexual contact with a child under 13 is always a serious crime. A conviction for engaging in sexual activity with a minor younger than 13 can result in significant prison time. Defendants accused of statutory rape often claim Dating laws in new mexico they had no reason to know that their partner was underage. They may argue that the victim herself Dating laws in new mexico that she was older than she was, and that a reasonable person would have believed her.
In most states, even a reasonable mistake of age is not a defense to statutory rape. See, for example, Perez v. StateN. If you are facing a statutory rape charge, consider consulting with an experienced criminal defense attorney who regularly practices in your area.
A lawyer can often negotiate with the prosecutor for a lesser charge or a reduction in penalties such as, for example, probation instead of prison time and will know how prosecutors and judges typically handle cases like yours. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
Statutes governing New Mexico's
Dating laws in new mexico of consent, associated criminal charges, available defenses, and penalties for Dating laws in new mexico. Sex Offender Registration State law requires—in addition to the applicable fines and prison time—that people convicted of statutory rape must register as sex offenders.
When Both Parties Are Minors: Mistake of Age Defendants accused of statutory rape often claim that they had no reason to know that their partner was underage.
Updated September 25, Share on Google Plus.
Talk to a Lawyer. Start here to find criminal defense lawyers near you. Practice Area Please select How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you.
How It Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you. Sales Sales Affiliates Library Trade. Learn about Dating during a divorce in New Mexico today. Quickly find answers to your Dating during a divorce questions with the help of a. In New Mexico, the age of consent is 17 years old. If an adult (an individual over the age of 18) has sex with a minor between the ages Dating laws in new mexico 13 and 16, the adult may be prosecuted for 4th degree criminal sexual Dating laws in new mexico. However, nobody under the age of 13 can legally consent to.
Legal advice on Criminal charges for statutory rape in New Mexico. All states 16 dating a 19 year old.
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