Criminal Sexual Contact (Force Or Coercion)
Legal Definition
A person commits criminal sexual contact when they intentionally touch or apply force to the intimate parts of another person, or coerce another to touch their own or the perpetrator's intimate parts, without consent. The offense requires the unlawful and intentional touching of the unclothed genitals, anus, or female breast, either directly or through clothing, and is committed by the use of force or coercion. Unlike criminal sexual penetration, this offense does not involve penetration.
Possible Punishment
Basic sentence of 18 months imprisonment; fine up to $5,000. A mandatory period of parole follows release. If the victim is under 13 years of age, the offense is elevated to a Third Degree Felony with a basic sentence of 6 years imprisonment. Sentence enhancements may apply for repeat offenders or if the offense results in great bodily harm.
Local Context
Criminal sexual contact is distinguished from criminal sexual penetration by the absence of penetration. The statute defines 'force or coercion' to include physical force, threats, or circumstances in which the victim is incapable of consent due to intoxication, unconsciousness, or other incapacity. Related offenses include § 30-9-11 (criminal sexual penetration) and § 30-9-13 (indecent exposure).
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
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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.