Criminal Sexual Penetration (Injury)
Legal Definition
A person commits criminal sexual penetration resulting in personal injury when they engage in unlawful sexual penetration of another person and that act causes personal injury to the victim. This offense is classified as a second degree felony under § 30-9-11 NMSA and is punishable by up to 9 years imprisonment and a fine of up to $12,500.
Possible Punishment
Criminal sexual penetration resulting in personal injury is a second degree felony punishable by up to 9 years imprisonment and a fine of up to $12,500.
Local Context
This charge represents an aggravated form of criminal sexual penetration where the unlawful act results in physical harm to the victim beyond the penetration itself. The presence of personal injury elevates the offense from lower-degree classifications. Section 30-9-11 establishes a tiered structure for criminal sexual penetration offenses based on factors such as the victim's age, use of force, and whether injury occurs.
Sex-Offense Cases in Doña Ana County
Sex-offense charges carry the heaviest collateral consequences in New Mexico law: conviction for many of these offenses requires registration, and expungement is generally unavailable. Prosecutors seek pretrial detention in a large share of these cases, so defendants often remain at the detention center through trial.
The presumption of innocence matters most in exactly this category. These cases are charged on accusations that a jury has not yet heard, charges are sometimes amended or dismissed as evidence is tested, and a booking record here means only that an arrest occurred.
Related Guides
Your First Court Appearance in New Mexico: What Happens and When
What to expect at a first appearance or arraignment in Doña Ana County: timing, video hearings from jail, public defenders, release conditions, and pleas.
Bail in New Mexico: Why There Is (Mostly) No Cash Bail Anymore
New Mexico voters ended most cash bail in 2016. How pretrial release, bond conditions, and no-bail detention actually work in Doña Ana County courts.
Recent Arrests for This Charge (3)
Las Cruces Man, 18, Booked on Multiple Counts of Criminal Sexual Penetration
VICTOR RIOS | 3 charges
Las Cruces Man, 42, Booked on Multiple Counts of Criminal Sexual Penetration
BILLY PORTER | 6 charges
Las Cruces Man, 42, Booked on Criminal Sexual Penetration and Battery Charges
BRIAN SMOLAK | 4 charges
Information provided for general reference. Statutory text is summarized and may not reflect the most recent amendments. All persons listed are presumed innocent until proven guilty.