PENALTY FOR SEXUAL EXPLOITATION OF CHILDREN

HB0266

HOUSE BILL 266

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Elaine Sena Cortez
and
Andrea Reeb

AN ACT

RELATING TO CHILDREN; INCREASING CERTAIN PENALTIES FOR SEXUAL
EXPLOITATION OF CHILDREN; INCREASING THE INTEREST RATE ON
DELINQUENT CHILD SUPPORT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
Section 30-6A-3 NMSA 1978 (being Laws 1984,
Chapter 92, Section 3, as amended) is amended to read:

"30-6A-3. SEXUAL EXPLOITATION OF CHILDREN.--

A. It is unlawful for a person to intentionally
possess any obscene visual or print medium depicting any
prohibited sexual act or simulation of such an act if that
person knows or has reason to know that the obscene medium
depicts any prohibited sexual act or simulation of such act and
if that person knows or has reason to know that one or more of
the participants in that act is a child under eighteen years of
age. A person who violates the provisions of this subsection
is guilty of a [
fourth
]
third
degree felony for sexual
exploitation of children and shall be sentenced pursuant to the
provisions of Section 31-18-15 NMSA 1978.
When a separate
finding of fact made by a court or jury shows beyond a
reasonable doubt that a child depicted in the visual or print
medium is a child under the age of thirteen, the basic sentence
shall be increased by [
one year
]
five years
, and the sentence
imposed by this subsection shall be the first [
year
]
three
years
served and shall not be suspended or deferred; provided
that when the offender is a youthful offender, the sentence
imposed by this subsection may be increased by one year.

B. The provisions of Subsection A of this section
shall not apply to a depiction possessed by a child under the
age of eighteen in which the depicted child is between the ages
of fourteen and eighteen and the depicted child knowingly and
voluntarily consented to the possession, and:

(1) the depicted child knowingly and
voluntarily consented to the creation of the depiction; or

(2) the depicted child knowingly and
voluntarily produced the depiction without coercion.

This subsection shall not prohibit prosecution nor create
an immunity from prosecution for the possession of depictions
that are the result of coercion.

C. It is unlawful for a person to intentionally
distribute any obscene visual or print medium depicting any
prohibited sexual act or simulation of such an act if that
person knows or has reason to know that the obscene medium
depicts any prohibited sexual act or simulation of such act and
if that person knows or has reason to know that one or more of
the participants in that act is a child under eighteen years of
age. A person who violates the provisions of this subsection
is guilty of a [
third
]
second
degree felony for sexual
exploitation of children and shall be sentenced pursuant to the
provisions of Section 31-18-15 NMSA 1978.

D. It is unlawful for a person to intentionally
cause or permit a child under eighteen years of age to engage
in any prohibited sexual act or simulation of such an act if
that person knows, has reason to know or intends that the act
may be recorded in any obscene visual or print medium or
performed publicly. A person who violates the provisions of
this subsection is guilty of a third degree felony for sexual
exploitation of children and shall be sentenced pursuant to the
provisions of Section 31-18-15 NMSA 1978 unless the child is
under the age of thirteen, in which event the person is guilty
of a second degree felony for sexual exploitation of children
and shall be sentenced pursuant to the provisions of Section
31-18-15 NMSA 1978.

E. It is unlawful for a person to intentionally
manufacture any obscene visual or print medium depicting any
prohibited sexual act or simulation of such an act if one or
more of the participants in that act is a child under eighteen
years of age. A person who violates the provisions of this
subsection is guilty of a second degree felony for sexual
exploitation of children and shall be sentenced pursuant to the
provisions of Section 31-18-15 NMSA 1978.

F. It is unlawful for a person to intentionally
manufacture any obscene visual or print medium depicting any
prohibited sexual act or simulation of such an act
if that
person knows or has reason to know that the obscene medium
depicts a prohibited sexual act or simulation of such an act
and if that person knows or has reason to know that a real
child under eighteen years of age, who is not a participant, is
depicted as a participant in that act. A person who violates
the provisions of this subsection is guilty of a fourth degree
felony.

G. It is unlawful for a person to intentionally
distribute any obscene visual or print medium depicting any
prohibited sexual act or simulation of such an act if that
person knows or has reason to know that the obscene medium
depicts a prohibited sexual act or simulation of such an act
and if that person knows or has reason to know that a real
child under eighteen years of age, who is not a participant, is
depicted as a participant in that act. A person who violates
the provisions of this subsection is guilty of a third degree
felony.

H. The penalties provided for in this section shall
be in addition to those set out in Section 30-9-11 NMSA 1978."

SECTION 2.
Section 40-4-7.3 NMSA 1978 (being Laws 1999,
Chapter 299, Section 1, as amended) is amended to read:

"40-4-7.3. ACCRUAL OF INTEREST--DELINQUENT CHILD AND
SPOUSAL SUPPORT.--

A. Interest shall accrue on delinquent child
support at the rate of [
four
]
six and one half
percent and
spousal support at the rate set forth in Section 56-8-4 NMSA
1978 in effect when the support payment becomes due. [
and
]

Interest on a delinquent support payment
shall accrue from the
date the support is delinquent until the date the support is
paid.

B. Interest shall accrue on a consolidated judgment
for delinquent child support at the rate of four percent when
the consolidated judgment is entered until the judgment is
satisfied.

C. Unless the order, judgment, decree or wage
withholding order specifies a
different
due date, [
other than
the first day of the month
] support shall be due on the first
day of each month and, if not paid by that date, shall be
delinquent.

D. In calculation of support arrears, payments of
support shall be first applied
in the following order: first
,
to the current support obligation, next to any delinquent
support, next to any consolidated judgment of delinquent
support, next to any accrued interest on delinquent support and
next to any interest accrued on a consolidated judgment of
delinquent support.

E. The [
human services department
]
health care
authority
shall have the authority to forgive accrued interest
on delinquent child support assigned to the state
and
not
otherwise specified in an order, judgment, decree or income
withholding order if, in the judgment of the secretary of
[
human services
]
health care authority
, forgiveness will likely
result in the collection of more child support, spousal support
or other support and will likely result in the satisfaction of
the judgment, decree or wage withholding order. This authority
shall include the ability to authorize the return of suspended
licenses."

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