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§ 30-9-13 NMSAThird Degree Felony Sex Offense

Criminal Sexual Contact Of A Minor (Clothed)

Legal Definition

A person commits criminal sexual contact of a minor (clothed) when they intentionally touch or apply force to the intimate parts of a minor who is under thirteen years of age, where those intimate parts are clothed. This offense involves unlawful sexual contact without penetration, distinguished from more serious penetration offenses, and is classified as a third degree felony for a sexual offense against a child.

Possible Punishment

Criminal sexual contact of a minor where the intimate parts are clothed is a third degree felony for a sexual offense against a child, punishable by up to 3 years imprisonment and a fine of up to $5,000.

Local Context

This charge is differentiated from unclothed criminal sexual contact of a minor under § 30-9-13, which carries more severe penalties. The statute specifically addresses contact with intimate parts covered by clothing, recognizing a distinction in the degree of the offense based on whether clothing was present. The age of the victim (under thirteen) is a critical element that elevates this conduct to felony status regardless of consent, as minors of this age cannot legally consent to sexual contact.

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

Recent Arrests for This Charge (5)

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.