Prostitution consists of knowingly engaging in or offering to engage in a sexual act for hire.
As used in this section "sexual act" means sexual intercourse, cunnilingus, fellatio, masturbation of another, anal intercourse or the causing of penetration to any extent and with any object of the genital or anal opening of another, whether or not there is any emission.
Whoever commits prostitution is guilty of a petty misdemeanor, unless such crime is a second or subsequent conviction, in which case such person is guilty of a misdemeanor.
History: 1953 Comp., § 40A-9-11, enacted by Laws 1963, ch. 303, § 9-11; 1981, ch. 233, § 1; 1989, ch. 132, § 1.
The 1989 amendment, effective June 16, 1989, substituted "a sexual act" for "sexual penetration" in the first and second paragraphs, and inserted "masturbation of another" in the second paragraph.
Constitutionality. — This section does not violate the equal protection clause of the fourteenth amendment of the United States constitution or the equal rights amendment of the New Mexico constitution. State v. Sandoval, 1982-NMCA-091, 98 N.M. 417, 649 P.2d 485.
"Masturbation" construed. — A jury instruction defining masturbation to include erotic stimulation of the genital organs by the alternative means of "sexual fantasies" extended the scope of criminal conduct prohibited by this section and constituted reversible error. State v. Mayfield, 1995-NMCA-077, 120 N.M. 198, 900 P.2d 358.
Possession of woman for unlawful purposes. — The having in possession of a woman for purposes of unlawful sexual intercourse was criminal. State v. Chenault, 1915-NMSC-024, 20 N.M. 181, 147 P. 283 (decided under prior law).
Law reviews. — For symposium, "The Impact of the Equal Rights Amendment on the New Mexico Criminal Code," see 3 N.M.L. Rev. 106 (1973).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 63A Am. Jur. 2d Prostitution §§ 1 to 30.
Entrapment defense in sex offense prosecutions, 12 A.L.R.4th 413.
Laws prohibiting or regulating "escort services," "outcall entertainment" or similar services used to carry on prostitution, 15 A.L.R.5th 900.
73 C.J.S. Prostitution and Related Offenses §§ 2 to 20.
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.