Section 30-9-13 - Criminal sexual contact of a minorA. Criminal sexual contact of a minor is the unlawful and intentional touching of or applying force to the intimate parts of a minor or the unlawful and intentional causing of a minor to touch one's intimate parts. For the purposes of this section, "intimate parts" means the primary genital area, groin, buttocks, anus or breast.B. Criminal sexual contact of a minor in the second degree consists of all criminal sexual contact of the unclothed intimate parts of a minor perpetrated: (1) on a child under thirteen years of age; or(2) on a child thirteen to eighteen years of age when:(a) the perpetrator is in a position of authority over the child and uses that authority to coerce the child to submit;(b) the perpetrator uses force or coercion that results in personal injury to the child;(c) the perpetrator uses force or coercion and is aided or abetted by one or more persons; or(d) the perpetrator is armed with a deadly weapon. Whoever commits criminal sexual contact of a minor in the second degree is guilty of a second degree felony for a sexual offense against a child and, notwithstanding the provisions of Section 31-18-15 NMSA 1978, shall be sentenced to a minimum term of imprisonment of three years, which shall not be suspended or deferred. The imposition of a minimum, mandatory term of imprisonment pursuant to the provisions of this subsection shall not be interpreted to preclude the imposition of sentencing enhancements pursuant to the provisions of Sections 31-18-17, 31-18-25 and 31-18-26 NMSA 1978.
C. Criminal sexual contact of a minor in the third degree consists of all criminal sexual contact of a minor perpetrated: (1) on a child under thirteen years of age; or(2) on a child thirteen to eighteen years of age when:(a) the perpetrator is in a position of authority over the child and uses this authority to coerce the child to submit;(b) the perpetrator uses force or coercion which results in personal injury to the child;(c) the perpetrator uses force or coercion and is aided or abetted by one or more persons; or(d) the perpetrator is armed with a deadly weapon. Whoever commits criminal sexual contact of a minor in the third degree is guilty of a third degree felony for a sexual offense against a child.
D. Criminal sexual contact of a minor in the fourth degree consists of all criminal sexual contact: (1) not defined in Subsection C of this section, of a child thirteen to eighteen years of age perpetrated with force or coercion; or(2) of a minor perpetrated on a child thirteen to eighteen years of age when the perpetrator, who is a licensed school employee, an unlicensed school employee, a school contract employee, a school health service provider or a school volunteer, and who is at least eighteen years of age and is at least four years older than the child and not the spouse of that child, learns while performing services in or for a school that the child is a student in a school.Whoever commits criminal sexual contact in the fourth degree is guilty of a fourth degree felony.
1953 Comp., § 40A-9-23, enacted by Laws 1975, ch. 109, § 4; 1987, ch. 203, § 2; 1991, ch. 26, § 3; 2001, ch. 161, § 3; 2003 (1st S.S.), ch. 1, § 4.