New Mexico Age of Consent Laws: Statutes and Reporting

Under New Mexico's Criminal Code, criminal sexual penetration of a child under 13 is a first degree felony (NMSA 1978, 30-9-11(D)(1)), and separate provisions protect children 13 to 18 through force or coercion and school-personnel provisions (30-9-11(E)(1) and (G)(2)), children 13 to 16 through an age-difference provision (30-9-11(G)(1)) and criminal sexual contact of a minor (30-9-13); most of the structure is tiered.

To report a concern: if a child is in immediate danger, call 911. The New Mexico Children, Youth and Families Department states on its official page that every person who knows or has reasonable suspicion that a child is being abused or neglected in New Mexico must report the matter immediately to its Statewide Central Intake hotline (1-855-333-SAFE [7233] or #SAFE from a cell phone), law enforcement, or the appropriate tribal entity. The Childhelp National Child Abuse Hotline (1-800-422-4453, call or text) can help you figure out where and how to report. Online exploitation can be reported to the NCMEC CyberTipline at report.cybertip.org or 1-800-843-5678.

Information last verified on 2026-09-30. This article has not yet been reviewed by a licensed lawyer. It is legal-reference information, not legal advice.

This page covers New Mexico's criminal statutes on sexual offenses involving minors, mainly NMSA 1978, chapter 30, articles 6, 6A, 9, 10 and 37, and the Sex Offender Registration and Notification Act in chapter 29, article 11A. Federal law is summarized on the age of consent laws by state hub. The text below was read on the official New Mexico Compilation Commission site (NMOneSource, chapter 30 compilation dated 9-15-26).

This page describes the main age-based sexual offense statutes. Other New Mexico statutes also protect minors, and one of them can apply even where none of the offenses described here does.

How New Mexico law protects minors by age

New Mexico defines its offenses by degree, and the age tiers appear in the subsections of NMSA 1978, 30-9-11 (criminal sexual penetration) and 30-9-13 (criminal sexual contact of a minor). Subsections D through F of 30-9-11 list further circumstances that are not all summarized here.

Under 13

Section 30-9-11(D)(1) provides that criminal sexual penetration in the first degree "consists of all criminal sexual penetration perpetrated" on "a child under thirteen years of age." Subsection C makes "all criminal sexual penetration perpetrated on a child under thirteen years of age with an intent to kill or with a depraved mind regardless of human life" aggravated criminal sexual penetration, a first degree felony.

Under 30-9-13(B)(1), criminal sexual contact of the unclothed intimate parts of a child under 13 is criminal sexual contact of a minor in the second degree. Under 30-9-13(C)(1), other criminal sexual contact of a minor under 13 is in the third degree.

Ages 13 to 18 and 13 to 16

Under 30-9-11(E)(1), criminal sexual penetration in the second degree includes penetration "by the use of force or coercion on a child thirteen to eighteen years of age." The statute uses the words "thirteen to eighteen" for this provision and for the school-personnel provision below.

Under 30-9-11(G)(1), criminal sexual penetration in the fourth degree includes penetration, not defined in subsections D through F, "perpetrated on a child thirteen to sixteen years of age when the perpetrator is at least eighteen years of age and is at least four years older than the child."

School personnel

Under 30-9-11(G)(2), penetration of a child 13 to 18 years of age is in the fourth degree where the perpetrator is "a licensed school employee, an unlicensed school employee, a school contract employee, a school health service provider or a school volunteer," is at least 18 and at least four years older than the child, and "learns while performing services in or for a school that the child is a student in a school."

Criminal sexual contact of a minor

Under 30-9-13(B)(2) and (C)(2), contact with a child 13 to 18 years of age is criminal sexual contact of a minor where "the perpetrator is in a position of authority over the child and uses that authority to coerce the child to submit," among other listed circumstances. Under 30-9-13(D)(1), the fourth degree covers criminal sexual contact of a child 13 to 18 years of age "perpetrated with force or coercion." Under 30-9-13(D)(2), the fourth degree also covers criminal sexual contact of a child 13 to 18 years of age by a licensed or unlicensed school employee, school contract employee, school health service provider or school volunteer who is at least 18 and at least four years older than the child and "learns while performing services in or for a school that the child is a student in a school."

Other New Mexico statutes that protect minors

The following additional statutes apply to minors and can apply even where none of the offenses above does.

• Enticement of a child. NMSA 30-9-1 covers enticing, persuading or attempting to persuade a child under 16 to enter any vehicle, building, room or secluded place with intent to commit an act that would constitute a crime under Article 9 of the Criminal Code. It is a misdemeanor.
• Electronic solicitation and communication. 30-37-3.2 covers soliciting a child under 16, by an electronic communication device, to engage in sexual intercourse, sexual contact, a sexual or obscene performance or other sexual conduct when the perpetrator is at least four years older than the child. 30-37-3.3 covers communicating directly with a specific child under 16 by sending the child obscene images of the person's intimate parts by an electronic communication device when the perpetrator is at least four years older.
• Sexual exploitation of children. 30-6A-3 covers possession, distribution, causing or permitting a child under 18 to engage in a prohibited sexual act, and manufacture. 30-6A-4 covers sexual exploitation of children by prostitution involving a child under 16, and hiring or offering to hire a child under 16; subsection C makes it a third degree felony for a parent, legal guardian or custodian to knowingly permit a child under 16 to engage in a prohibited sexual act for the purpose of producing a visual or print medium.
• Incest. 30-10-3 makes it a third degree felony to knowingly intermarry or have sexual intercourse with a parent or child (including grandparents and grandchildren of every degree), a brother or sister of the half or whole blood, or an uncle, aunt, niece or nephew. The registration statute lists it where the victim is younger than 18.
• Aggravated indecent exposure. 30-9-14.3 covers knowingly and intentionally exposing the primary genital area to public view in a lewd and lascivious manner, with the intent to threaten or intimidate another person, while exposing it to a child less than 18 or in other listed circumstances. It is a fourth degree felony.
• Human trafficking. 30-52-1(A)(2) covers knowingly recruiting, soliciting, enticing, transporting or obtaining by any means a person under 18 with the intent or knowledge that the person will be caused to engage in commercial sexual activity. It is a third degree felony, a second degree felony if the victim is under 16 and a first degree felony if the victim is under 13.
• Contributing to the delinquency of a minor. 30-6-3 covers the delinquency of any person under 18, a fourth degree felony. Voyeurism under 30-9-20 is a fourth degree felony when the victim is less than 18, and abuse of a child under 30-6-1 covers knowingly, intentionally or negligently causing or permitting a child under 18 to be placed in a situation that may endanger the child's life or health. See also New Mexico sexting laws.

How the age difference works

The 4-year difference in 30-9-11(G)(1) and 30-9-11(G)(2) is written into each offense as an element: the perpetrator must be at least 18 and at least four years older than the child. The registration statute states no close-in-age exclusion. The other provisions of 30-9-11, 30-9-13 and the statutes listed above use their own conditions.

Penalties

Sentences are set by degree under NMSA 31-18-15. The basic sentence may be altered under the Criminal Sentencing Act.

Sex offender registration

Under NMSA 29-11A-3, "sex offense" includes aggravated criminal sexual penetration and criminal sexual penetration in the first, second, third or fourth degree under 30-9-11, and criminal sexual contact of a minor in the second, third or fourth degree under 30-9-13. It also includes enticement of a child (30-9-1), electronic solicitation of a child (30-37-3.2), the sexual exploitation offenses in 30-6A-3 and 30-6A-4, incest when the victim is younger than 18, and aggravated indecent exposure. Sexual communication with a child (30-37-3.3) and contributing to the delinquency of a minor are not listed in 29-11A-3(I), and electronic solicitation is listed for convictions on or after July 1, 2013.

Under 29-11A-5, the Department of Public Safety retains registration information for life for aggravated criminal sexual penetration, criminal sexual penetration in the first, second or third degree, and criminal sexual contact of a minor in the second, third or fourth degree, and for sexual exploitation of children under 30-6A-3. It retains the information for ten years for criminal sexual penetration in the fourth degree, which includes the age-difference and school-personnel provisions of 30-9-11(G), counted from the later of conviction, release from prison, or release from probation or parole. Enticement, electronic solicitation, sexual exploitation by prostitution, incest and aggravated indecent exposure are also ten-year offenses. On a second or subsequent conviction of a ten-year offense, the information is retained for the sex offender's natural life. A conviction includes a deferred sentence but not a conditional discharge.

Recent changes

The history lines of NMSA 30-9-10, 30-9-11, 30-9-13, 30-6A-3, 30-6A-4, 30-37-3.2 and 29-11A-3 in the 2026 compilation show no 2024 to 2026 amendment; 30-9-11 was last amended in 2009 and 30-9-13 in 2003. Laws 2025, chapter 79, section 1, effective June 20, 2025, amended the basic sentencing statute 31-18-15 to remove a parole cost-of-services requirement, and the felony classification table used for these offenses is unchanged. Laws 2026, chapter 21, effective May 20, 2026, amended the limitations statute 30-1-8 so that no limitation period applies to second degree criminal sexual contact of a minor or second degree criminal sexual penetration. This check relied on the compilation's history lines and not on a search of 2025 and 2026 bills.

How to report

If a child is in immediate danger, call 911. The New Mexico Children, Youth and Families Department page states that every person who knows or has reasonable suspicion that a child is being abused or neglected in New Mexico must report the matter immediately to the Statewide Central Intake hotline (1-855-333-SAFE [7233] or #SAFE from a cell phone), law enforcement, or the appropriate tribal entity. The Childhelp National Child Abuse Hotline (1-800-422-4453, call or text) and the NCMEC CyberTipline (report.cybertip.org or 1-800-843-5678) are also available.

Disclaimer

This page is general legal information about New Mexico criminal statutes as verified on 2026-09-30. It is not legal advice. Statutes change, summaries simplify, and the statute text controls. Anyone with a specific situation should consult a lawyer licensed in New Mexico.

Related articles

• Age of consent laws by state
• New Mexico sexting laws
• Editorial standards and verification levels

Frequently Asked Questions

Why does the statute say 13 to 16 in one place and 13 to 18 in another?

The sections use different ranges. Section 30-9-11(G)(1) uses "thirteen to sixteen years of age" for the age-difference provision, while 30-9-11(E)(1) and (G)(2) use "thirteen to eighteen years of age" for force or coercion and school personnel.

What is the difference between criminal sexual penetration and criminal sexual contact of a minor?

Criminal sexual penetration is defined in 30-9-11 and criminal sexual contact of a minor in 30-9-13. Each is graded by degree, and the sentence follows the degree under 31-18-15.

Where can the statute text be found?

The New Mexico Statutes Annotated 1978 are published by the New Mexico Compilation Commission on NMOneSource. Chapter 30 contains the criminal offenses, chapter 29 article 11A the registration act, and chapter 31 the sentencing provisions.