N.M. Stat. » N.M. Stat. / Chapter 30 / Article 37
New Mexico Statutes

N.M. Stat. § 30-37-2 (2026)

Offenses; books; pictures.

✓ current as of May 2026
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It is unlawful for a person to knowingly sell, deliver, distribute, display for sale or
provide to a minor, or knowingly to possess with intent to sell, deliver, distribute, display
for sale or provide to a minor:

    A. any picture, photograph, drawing, sculpture, motion picture film or similar visual
representation or image of a person or portion of the human body, or any replica, article
or device having the appearance of either male or female genitals which depicts nudity,
sexual conduct, sexual excitement or sado-masochistic abuse and which is harmful to
minors; or

   B. any book, pamphlet, magazine, printed matter however produced or sound
recording which contains any matter enumerated in Subsection A of this section or
explicit and detailed verbal descriptions or narrative accounts of sexual excitement,
sexual conduct or sado-masochistic abuse and which, taken as a whole, is harmful to
minors.

History: 1953 Comp., § 40-50-2, enacted by Laws 1973, ch. 257, § 2.

                                      ANNOTATIONS

Standing to challenge constitutionality. — Trade association, wholesalers and
retailers of books and periodicals had standing to challenge the constitutionality of
Section 30-37-2 NMSA 1978 even though no district attorney has made a determination
under Section 30-37-4 NMSA 1978 that specific material is harmful to minors and the
plaintiffs had not received actual or constructive notice of the district attorney’s
determination. Am. Booksellers Ass'n v. Schiff, 868 F.2d 1199 (10th Cir. 1989).
Am. Jur. 2d, A.L.R. and C.J.S. references. — In personam or territorial jurisdiction of
state court in connection with obscenity prosecution of author, actor, photographer,
publisher, distributor or other party whose acts were performed outside the state, 16
A.L.R.4th 1318.

Validity and application of statute exempting nonmanagerial, nonfinancially interested
employees from obscenity prosecution, 35 A.L.R.4th 1237.

Musical sound recording as punishable obscenity, 30 A.L.R.5th 718.

Constitutionality of state statutes banning distribution of sexual devices, 94 A.L.R.5th
497.
Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1986–2021 · leading case: State v. Tufts, 2015 NMCA 075 (N.M. Ct. App. 2015).
Sort: Relevance Newest Treatment
State v. Tufts, 2015 NMCA 075 (N.M. Ct. App. 2015). · cites it 8× “NMSA 1978, Section 30-37-2(A) (1973) outlaws delivering or providing a minor with images such as those contained on the SD card.”
State v. Garcia, 2013 NMCA 005 (N.M. Ct. App. 2012). · cites it 6× “GENERAL/SPECIFIC {27} Defendant lastly argues that under a general/specific analysis, the State was required to charge Defendant under the sexually oriented materials statute, NMSA 1978, § 30-37-2 (1973), which criminalizes providing harmful sexually oriented materials to a…”
State v. Corbin, 111 N.W. 707 (N.M. Ct. App. 1991). · cites it 2× “See also NMSA 1978, § 30-37-2 (Repl. Pamp.1989) (prohibiting providing certain sexually explicit material to minors); State v.”
Am. Booksellers Ass'n, Inc. v. Schiff, 649 F. Supp. 1009 (D.N.M. 1986). · cites it 21× “Compare N.M.Stat.Ann. §§ 30-37-2, 30-37-3 with Ginsberg, 390 U.”
State v. Garcia, 2013 NMCA 5 (N.M. Ct. App. 2012). · cites it 6× “GENERAL/SPECIFIC {27} Defendant lastly argues that under a general/specific analysis, the State was required to charge Defendant under the sexually oriented materials statute, NMSA 1978, § 30-37-2 (1973), which criminalizes providing harmful sexually oriented materials to a…”
State v. Julg, 2021 NMCA 058 (N.M. Ct. App. 2021). · cites it 13× “) The “matters or performances” referenced in Section 30-37-4 are set out in Sections 30-37-2 and 30-37-3. Additionally, we observe that a definition of the phrase “harmful to minors” appears in Section 30-37- 1(F).”
State v. Johnson (N.M. Ct. App. 2016). · cites it 6× “” She elaborated that a child who 12 does not receive help “develop[s] these habits in ways of dealing with things that later 13 they suffer very severe consequences for, and not to discount what harm they can do 14 to others as they get older.” 15 {34} Finally, the New Mexico…”
State v. Tufts (N.M. Ct. App. 2015). · cites it 8× “NMSA 1978, Section 30-37-2(A) (1973) outlaws delivering or providing a 15 minor with images such as those contained on the SD card.”
— N.M. Stat. § 30-37-2(A) — 4 cases
State v. Tufts, 2015 NMCA 075 (N.M. Ct. App. 2015). “NMSA 1978, Section 30-37-2(A) (1973) outlaws delivering or providing a minor with images such as those contained on the SD card.”
State v. Johnson (N.M. Ct. App. 2016). “” She elaborated that a child who 12 does not receive help “develop[s] these habits in ways of dealing with things that later 13 they suffer very severe consequences for, and not to discount what harm they can do 14 to others as they get older.” 15 {34} Finally, the New Mexico…”
State v. Tufts (N.M. Ct. App. 2015). “NMSA 1978, Section 30-37-2(A) (1973) outlaws delivering or providing a 15 minor with images such as those contained on the SD card.”
State v. Julg, 2021 NMCA 058 (N.M. Ct. App. 2021). “) The “matters or performances” referenced in Section 30-37-4 are set out in Sections 30-37-2 and 30-37-3. Additionally, we observe that a definition of the phrase “harmful to minors” appears in Section 30-37- 1(F).”
— N.M. Stat. § 30-37-2(B) — 3 cases
State v. Garcia, 2013 NMCA 005 (N.M. Ct. App. 2012). “GENERAL/SPECIFIC {27} Defendant lastly argues that under a general/specific analysis, the State was required to charge Defendant under the sexually oriented materials statute, NMSA 1978, § 30-37-2 (1973), which criminalizes providing harmful sexually oriented materials to a…”
Am. Booksellers Ass'n, Inc. v. Schiff, 649 F. Supp. 1009 (D.N.M. 1986). “Compare N.M.Stat.Ann. §§ 30-37-2, 30-37-3 with Ginsberg, 390 U.”
State v. Garcia, 2013 NMCA 5 (N.M. Ct. App. 2012). “GENERAL/SPECIFIC {27} Defendant lastly argues that under a general/specific analysis, the State was required to charge Defendant under the sexually oriented materials statute, NMSA 1978, § 30-37-2 (1973), which criminalizes providing harmful sexually oriented materials to a…”
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