It is unlawful for a person to knowingly sell, deliver, distribute, display for sale or provide to a minor, or knowingly to possess with intent to sell, deliver, distribute, display for sale or provide to a minor:
A. any picture, photograph, drawing, sculpture, motion picture film or similar visual representation or image of a person or portion of the human body, or any replica, article or device having the appearance of either male or female genitals which depicts nudity, sexual conduct, sexual excitement or sado-masochistic abuse and which is harmful to minors; or
B. any book, pamphlet, magazine, printed matter however produced or sound recording which contains any matter enumerated in Subsection A of this section or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sado-masochistic abuse and which, taken as a whole, is harmful to minors.
History: 1953 Comp., § 40-50-2, enacted by Laws 1973, ch. 257, § 2.
Standing to challenge constitutionality. — Trade association, wholesalers and retailers of books and periodicals had standing to challenge the constitutionality of Section 30-37-2 NMSA 1978 even though no district attorney has made a determination under Section 30-37-4 NMSA 1978 that specific material is harmful to minors and the plaintiffs had not received actual or constructive notice of the district attorney's determination. Am. Booksellers Ass'n v. Schiff, 868 F.2d 1199 (10th Cir. 1989).
Am. Jur. 2d, A.L.R. and C.J.S. references. — In personam or territorial jurisdiction of state court in connection with obscenity prosecution of author, actor, photographer, publisher, distributor or other party whose acts were performed outside the state, 16 A.L.R.4th 1318.
Validity and application of statute exempting nonmanagerial, nonfinancially interested employees from obscenity prosecution, 35 A.L.R.4th 1237.
Musical sound recording as punishable obscenity, 30 A.L.R.5th 718.
Constitutionality of state statutes banning distribution of sexual devices, 94 A.L.R.5th 497.
Structure 2021 New Mexico Statutes
Chapter 30 - Criminal Offenses
Article 37 - Sexually Oriented Material Harmful to Minors
Section 30-37-1 - Definitions.
Section 30-37-2 - Offenses; books; pictures.
Section 30-37-2.1 - Offenses; retail display.
Section 30-37-3 - Offenses; motion pictures; plays.
Section 30-37-3.1 - Outdoor theaters; offenses.
Section 30-37-3.2 - Child solicitation by electronic communication device.
Section 30-37-3.3 - Criminal sexual communication with a child; penalty.
Section 30-37-4 - Notice; prosecution.
Section 30-37-5 - Exclusions; defenses.
Section 30-37-6 - Offenses by minor.
Section 30-37-8 - Uniform application.
Section 30-37-9 - Legislative findings and purpose.
Section 30-37-10 - Offenses; certain tie-in arrangements unlawful.