Child Solicitation By Comp

Legal Definition

A person commits child solicitation by electronic communication device when they knowingly and intentionally solicit, entice, or persuade—or attempt to solicit, entice, or persuade—a child under sixteen years of age, by means of an electronic communication device, to engage in sexual intercourse, sexual contact, or in a sexual or obscene performance. The offense is complete upon the communication itself, regardless of whether the child responds or any meeting occurs. It is not a defense that the person believed the recipient was sixteen or older, or that the recipient was actually an adult (such as a law enforcement officer).

Possible Punishment

Basic sentence of 3 years imprisonment; fine up to $5,000. Because this is a sex offense against a child, the basic sentence is 6 years imprisonment. A mandatory period of parole follows release. Convicted offenders must register as sex offenders under the New Mexico Sex Offender Registration and Notification Act.

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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