N.M. Stat. § 30-37-3

It is unlawful for any person knowingly to exhibit to a minor or knowingly to provide to
a minor an admission ticket or pass or knowingly to admit a minor to premises whereon
there is exhibited a motion picture, show or other presentation which, in whole or in part,
depicts nudity, sexual conduct or sado-masochistic abuse and which is harmful to
minors.

History: 1953 Comp., § 40-50-3, enacted by Laws 1973, ch. 257, § 3.

                                      ANNOTATIONS

Lack of essential element in jury instruction resulted in fundamental error. —
Where defendant was charged with unlawful exhibition of motion pictures to a minor
pursuant to the Sexually Oriented Material Harmful to Minors Act (Act), in which the
State was required to prove that defendant knowingly exhibited a motion picture, the
exhibition was to a minor, the motion picture depicts, in whole or in part, nudity, sexual
conduct or sado-masochistic abuse, and the motion picture is harmful to minors, but
where the state failed to include "harmful to minors" as a separate element of the
offense and failed to provide to the jury the definitions of "nudity" or "harmful to minors"
as defined in the Act, a rational jury could not find that the motion picture was harmful to
minors, an essential element of the offense. The district court therefore fundamentally
erred in instructing the jury on the charge of unlawful exhibition of motion pictures to a
minor. State v. Luna, 2018-NMCA-025, cert. denied.

No bar to retrying defendant where there was sufficient evidence of unlawful
exhibition of motion pictures to a minor. — Where defendant was tried and
convicted on the charge of unlawful exhibition of motion pictures to a minor pursuant to
the Sexually Oriented Material Harmful to Minors Act (Act), but where the district court
erred in instructing the jury on the charged offense, the state was not barred from
retrying defendant on that count, because there was sufficient evidence of the charged
offense based on evidence that defendant showed the nine-year-old child a movie that
depicted female nudity, material which lay jurors may consider harmful to minors. State
v. Luna, 2018-NMCA-025, cert. denied.