Criminal Sexual Contact Of A Minor (Unclothed)
Legal Definition
A person commits criminal sexual contact of a minor in the fourth degree when they intentionally touch or apply force to the unclothed intimate parts of a minor who is under thirteen years of age, or cause the minor to touch the perpetrator's or another's intimate parts. The offense does not include the penetration required for criminal sexual penetration. Intimate parts include the primary genital area, groin, buttocks, anus, or breast.
Possible Punishment
Basic sentence of 15 years imprisonment; fine up to $12,500. This offense is a second degree felony sex offense against a child under thirteen, which carries the enhanced 15-year basic sentence rather than the standard 9-year term. A mandatory period of parole follows release. Offenders are subject to sex offender registration requirements under the Sex Offender Registration and Notification Act.
Local Context
Section 30-9-13 defines four degrees of criminal sexual contact of a minor based on the victim's age and whether force or coercion was used. Fourth degree (unclothed contact with a child under 13) is classified as a second degree felony. Third degree involves children 13–18 or force/coercion with children under 13. The statute distinguishes this offense from criminal sexual penetration of a minor (§ 30-9-11), which involves 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 (2)
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.