Criminal Sexual Contact (Injury)
Legal Definition
A person commits criminal sexual contact causing injury when they intentionally touch or apply force to the intimate parts of another person, or cause another to touch their own or the perpetrator's intimate parts, without consent and in a manner that causes personal injury to the victim. This offense is classified as a fourth degree felony when the unlawful contact results in personal injury, when the perpetrator is aided by one or more persons, or when the perpetrator is armed with a deadly weapon.
Possible Punishment
Criminal sexual contact causing personal injury, aided by others, or while armed with a deadly weapon is a fourth degree felony punishable by up to 18 months imprisonment and a fine of up to $5,000.
Local Context
Criminal sexual contact is distinguished from criminal sexual penetration by the absence of penetration. The base offense under § 30-9-12 is typically a misdemeanor, but it elevates to a fourth degree felony under specific aggravating circumstances: causing personal injury, being aided by others in commission of the act, or being armed with a deadly weapon during the offense. Personal injury refers to bodily harm beyond the contact itself.
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.
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Recent Arrests for This Charge (1)
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.