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NEW MEXICO

Statutory Chapters in New Mexico Statutes Annotated 1978
CHAPTER 30 CRIMINAL OFFENSES
ARTICLE 9 SEXUAL OFFENSES

30-9-14. Indecent exposure.
 
 A.  Indecent exposure consists of a person knowingly and intentionally exposing his primary genital area to public view. 
 
 B.  As used in this section, "primary genital area" means the mons pubis, penis, testicles, mons veneris, vulva or vagina.
 
 C.  Whoever commits indecent exposure is guilty of a misdemeanor.
 
 D.  In addition to any punishment provided pursuant to the provisions of this section, the court shall order a person convicted for committing indecent exposure to participate in and complete a program of professional counseling at his own expense.
 
  History: 1953 Comp., 40A-9-24, enacted by Laws 1975, ch. 109, 5; 1996, ch. 84, 1.
 

30-9-14.1. Indecent dancing.
 
 Indecent dancing consists of a person knowingly and intentionally exposing his intimate parts to public view while dancing or performing in a licensed liquor establishment. "Intimate parts" means the mons pubis, penis, testicles, mons veneris, vulva, female breast or vagina. As used in this section, "female breast" means the areola, and "exposing" does not include any act in which the intimate part is covered by any nontransparent material.

 Whoever commits indecent dancing is guilty of a petty misdemeanor. 

 A liquor licensee, his transferee or their lessee or agent who allows indecent dancing on the licensed premises is guilty of a petty misdemeanor and his license may be suspended or revoked pursuant to the provisions of the Liquor Control Act.

  History: 1978 Comp., 30-9-14.1, enacted by Laws 1979, ch. 403, 1; 1981, ch. 41, 1.
 
30-9-14.2. Indecent waitering.
 
 Indecent waitering consists of a person knowingly and intentionally exposing his intimate parts to public view while serving beverage or food in a licensed liquor establishment. "Intimate parts" means the mons pubis, penis, testicles, mons veneris, vulva, female breast or vagina. As used in this section, "female breast" means the areola and "exposing" does not include any act in which the intimate part is covered by any nontransparent material.

 Whoever commits indecent waitering is guilty of a petty misdemeanor.

 A liquor licensee or his lessee or agent who allows indecent waitering on the licensed premises is guilty of a petty misdemeanor and his license may be suspended or revoked pursuant to the provisions of the Liquor Control Act.

  History: 1978 Comp., 30-9-14.2, enacted by Laws 1979, ch. 403, 2; 1981, ch. 41, 2.
 

30-9-14.3. Aggravated indecent exposure.

 A.  Aggravated indecent exposure consists of a person knowingly and intentionally exposing his primary genital area to public view in a lewd and lascivious manner, with the intent to threaten or intimidate another person, while committing one or more of the following acts or criminal offenses:

 (1) exposure to a child less than eighteen years of age;

 (2) assault, as provided in Section 30-3-1 NMSA 1978;

 (3) aggravated assault, as provided in Section 30-3-2 NMSA 1978;

 (4) assault with intent to commit a violent felony, as provided in Section 30-3-3 NMSA 1978;

 (5) battery, as provided in Section 30-3-4 NMSA 1978;

 (6) aggravated battery, as provided in Section 30-3-5 NMSA 1978;

 (7) criminal sexual penetration, as provided in Section 30-9-11 NMSA 1978; or
 
 (8) abuse of a child, as provided in Section 30-6-1 NMSA 1978.

 B.  As used in this section, "primary genital area" means the mons pubis, penis, testicles, mons veneris, vulva or vagina.

 C.  Whoever commits aggravated indecent exposure is guilty of a fourth degree felony.
 
 D.  In addition to any punishment provided pursuant to the provisions of this section, the court shall order a person convicted for committing aggravated indecent exposure to participate in and complete a program of professional counseling at his own expense.

  History: Laws 1996, ch. 84, 2.

 


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