N.M. Stat. § 30-37-2

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.