Criminal Sexual Penetration (Minor Consent)
Legal Definition
A person commits criminal sexual penetration in the fourth degree when they engage in sexual intercourse or other acts of sexual penetration with a person aged thirteen to sixteen years, to whom they are not married, and the perpetrator is at least eighteen years of age and at least four years older than the victim. Consent of the minor is not a defense. The statute criminalizes sexual penetration based solely on the age differential and the victim's status as a minor, regardless of whether the minor appeared to consent.
Possible Punishment
Basic sentence of 18 months imprisonment; fine up to $5,000. Upon release, a mandatory period of parole applies. The offense also triggers sex offender registration requirements under New Mexico's Sex Offender Registration and Notification Act.
Local Context
This charge applies when the victim is between thirteen and sixteen years old and the perpetrator is at least eighteen and at least four years older. If the victim is under thirteen, the offense is prosecuted under § 30-9-11(D) as a first degree felony. Marriage between the parties is a statutory defense. The charge is commonly known as 'statutory rape' in other jurisdictions, though New Mexico uses the term criminal sexual penetration.
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.