Dating laws in new mexico
Whoever has sexual contact or sexual intercourse with a person who has not attained the age of 16 years is guilty of a Class C felony.If the juvenile agrees to the waiver, the case will proceed through the juvenile system with a bench trial.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 evaluate the strength of the prosecution’s case against you and help develop any defenses that might apply to your case.First degree criminal sexual penetration includes oral or genital sexual intercourse or penetration (however slight, with an object or body part) with a minor who is younger than 13 years old. § 30-9-11 & 30-9-13.) State law requires—in addition to the applicable fines and prison time— that people convicted of certain instances of statutory rape must register as sex offenders.Fourth degree criminal sexual penetration includes sexual penetration with a child who 13, 14, or 15, when the defendant is at least 18 or at least four years older than the victim. Defendants charged with statutory rape have the usual defenses available to all criminal defendants, such as “Someone else committed this crime, ” or “The alleged conduct did not occur.” New Mexico has a marital exemption for statutory rape that allows consensual sex between a married minor and that minor’s spouse, even though their ages would prohibit it if they were not married.
Though statutory rape does not require that the prosecutor prove an assault, it is still rape.
In New Mexico, there is a Romeo and Juliet exemption for 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.