Criminal Sexual Penetration (Force/Coercion)
Legal Definition
A person commits criminal sexual penetration by use of force or coercion when they engage in sexual penetration with another person through the unlawful use of force or coercion that does not rise to the level of more serious circumstances specified in statute. Sexual penetration includes any intrusion, however slight, of any object into the genital or anal openings of another person's body. When accomplished through force or coercion not otherwise specified, this offense is classified as a third degree felony.
Possible Punishment
Criminal sexual penetration by use of force or coercion not otherwise specified is a third degree felony punishable by up to 3 years imprisonment and a fine of up to $5,000.
Local Context
This charge represents the baseline felony classification for forcible sexual penetration. Higher degree classifications apply when the offense involves additional aggravating factors such as the victim's age, the infliction of great bodily harm, the use of a deadly weapon, or the aid of accomplices. The statute defines 'force or coercion' to include physical force, threats, intimidation, or other means that would prevent resistance by a person of ordinary resolution.
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 (4)
Las Cruces Man, 40, Booked on Criminal Sexual Penetration Charge
EMMANUEL BECERRIL | 1 charge
Las Cruces Man, 18, Booked on Multiple Counts of Criminal Sexual Penetration
VICTOR RIOS | 3 charges
Las Cruces Man, 22, Charged with Aggravated Assault
JOSHUA MARTINEZ | 8 charges
Jacob Fuentes, 19, Faces Sex Assault, Weapon Charges in Las Cruces Case
JACOB FUENTES | 5 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.