A. Aggravated indecent exposure consists of a person knowingly and intentionally exposing his primary genital area to public view in a lewd and lascivious manner, with the intent to threaten or intimidate another person, while committing one or more of the following acts or criminal offenses:
(1) exposure to a child less than eighteen years of age;
(2) assault, as provided in Section 30-3-1 NMSA 1978;
(3) aggravated assault, as provided in Section 30-3-2 NMSA 1978;
(4) assault with intent to commit a violent felony, as provided in Section 30-3-3 NMSA 1978;
(5) battery, as provided in Section 30-3-4 NMSA 1978;
(6) aggravated battery, as provided in Section 30-3-5 NMSA 1978;
(7) criminal sexual penetration, as provided in Section 30-9-11 NMSA 1978; or
(8) abuse of a child, as provided in Section 30-6-1 NMSA 1978.
B. As used in this section, "primary genital area" means the mons pubis, penis, testicles, mons veneris, vulva or vagina.
C. Whoever commits aggravated indecent exposure is guilty of a fourth degree felony.
D. In addition to any punishment provided pursuant to the provisions of this section, the court shall order a person convicted for committing aggravated indecent exposure to participate in and complete a program of professional counseling at his own expense.
History: Laws 1996, ch. 84, § 2.
Effective dates. — Laws 1996, ch. 84, § 3 makes the act effective on July 1, 1996.
Am. Jur. 2d, A.L.R. and C.J.S. references.— Constitutionality of state statutes banning distribution of sexual devices, 94 A.L.R.5th 497.
What constitutes "public place" within meaning of state statute or local ordinance prohibiting indecency or commission of sexual act in public place, 95 A.L.R.5th 229.
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.