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 [60-3A-1 NMSA 1978].
History: Laws 1979, ch. 403, § 2; 1981, ch. 41, § 2.
Am. Jur. 2d, A.L.R. and C.J.S. references. — What constitutes "public place" within meaning of statutes prohibiting commission of sexual act in public place, 96 A.L.R.3d 692.
67 C.J.S. Obscenity § 5.
Structure 2021 New Mexico Statutes
Chapter 30 - Criminal Offenses
Section 30-9-1 - Enticement of child.
Section 30-9-2 - Prostitution.
Section 30-9-3 - Patronizing prostitutes.
Section 30-9-4 - Promoting prostitution.
Section 30-9-4.1 - Accepting earnings of a prostitute.
Section 30-9-5 - Order for medical examination and treatment.
Section 30-9-6 - Testimony of witnesses to prostitution and lewdness.
Section 30-9-8 - House of prostitution; public nuisance.
Section 30-9-9 - Remedy of lessor.
Section 30-9-10 - Definitions.
Section 30-9-11 - Criminal sexual penetration.
Section 30-9-12 - Criminal sexual contact.
Section 30-9-13 - Criminal sexual contact of a minor.
Section 30-9-14 - Indecent exposure.
Section 30-9-14.1 - Indecent dancing.
Section 30-9-14.2 - Indecent waitering.
Section 30-9-14.3 - Aggravated indecent exposure.
Section 30-9-15 - Corroboration.
Section 30-9-16 - Testimony; limitations; in camera hearing.
Section 30-9-17.1 - Victims; polygraph examinations; prohibited actions.
Section 30-9-18 - Alleged victims who are under thirteen years of age; psychological evaluation.