N.M. Stat. » N.M. Stat. / Chapter 30 / Article 6A
New Mexico Statutes

N.M. Stat. § 30-6A-4 (2026)

Sexual exploitation of children by prostitution.

✓ current as of May 2026
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A. Any person knowingly receiving any pecuniary profit as a result of a child under
the age of sixteen engaging in a prohibited sexual act with another is guilty of a second
degree felony, unless the child is under the age of thirteen, in which event the person is
guilty of a first degree felony.

   B. Any person knowingly hiring or offering to hire a child under the age of sixteen to
engage in any prohibited sexual act is guilty of a second degree felony.

    C. Any parent, legal guardian or person having custody or control of a child under
sixteen years of age who knowingly permits that child to engage in or to assist any other
person to engage in any prohibited sexual act or simulation of such an act for the
purpose of producing any visual or print medium depicting such an act is guilty of a third
degree felony.

History: Laws 1984, ch. 92, § 4; 1989, ch. 170, § 2; 2015, ch. 13, § 2.

                                     ANNOTATIONS

Cross references. — For the Sex Offender Registration and Notification Act, see
Chapter 29, Article 11A NMSA 1978.

For abandonment or abuse of child, see 30-6-1 NMSA 1978.

For enticement of child, see 30-9-1 NMSA 1978.

For criminal sexual contact of a minor, see 30-9-13 NMSA 1978.

For sentencing for noncapital felonies, see 31-18-15 NMSA 1978.

The 2015 amendment, effective July 1, 2015, amended the Sexual Exploitation of
Children Act by revising the age limitation so that knowingly hiring or offering to hire a
child under the age of sixteen to engage in any prohibited sexual act is a second degree
felony; deleted former Subsection B, which made it a second degree felony to hire or
offer to hire a child over the age of thirteen and under the age of sixteen to engage in
any prohibited sexual act; and added new Subsection B making it a second degree
felony to knowingly hire or offer to hire a child under the age of sixteen to engage in any
prohibited sexual act.

The 1989 amendment, effective June 16, 1989, in Subsection A inserted "knowingly"
near the beginning of the subsection, and substituted "second" for "third" near the
middle of the subsection and "first" for "second" near the end of the subsection;
substituted "second" for "third" near the end of Subsection B; and substituted "third" for
"fourth" near the end of Subsection C.
Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2001–2026 · leading case: State v. Druktenis, 86 P.3d 1050 (N.M. Ct. App. 2004).
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State v. Druktenis, 86 P.3d 1050 (N.M. Ct. App. 2004). · cites it 6× “The crimes that trigger the notification provisions are criminal sexual penetration in the first or second degree under NMSA 1978, § 30-9-11 (2001); criminal sexual contact of a minor in the third or fourth degree under Section 30-9-13; sexual exploitation of children under NMSA…”
State v. Santillanes, 27 P.3d 456 (N.M. 2001). · cites it 4× “Further, New Mexico's sexual-exploitation-of-children statute, NMSA 1978, § 30-6A-3 (1993), and sexual-exploitation-of-children-by-prostitution statute, NMSA 1978, § 30-6A-4 (1989), specifically punish acts of sexual exploitation committed against children.”
State v. McCoy (N.M. Ct. App. 2018). · cites it 32× “9 The State alleges that Defendant committed the offense of sexual exploitation of a 10 child by prostitution on or around January 29, 2013.”
State v. Hall, 252 P.3d 770 (N.M. Ct. App. 2011). · cites it 3× “n 30-9-11 NMSA 1978; (2) criminal sexual contact in the fourth degree, as provided in Section 30-9-12 NMSA 1978; (3) criminal sexual contact of a minor in the second, third or fourth degree, as provided in Section 30-9-13 NMSA 1978; (4) sexual exploitation of children, as…”
State v. Eaker (N.M. 2026). · cites it 2× “1(I) (defining “sex offender” as 8 applicable to convictions pursuant to NMSA 1978, Section 30-4-1 (2003), NMSA 9 1978, Section 30-9-11 (2009), NMSA 1978, Section 30-9-13 (2003), NMSA 1978, 10 Section 30-6A-3 (2007), NMSA 1978, Section 30-6A-4 (1989), and NMSA 1978, 11 Section…”
N.M. Stat. § 30-6A-4(B): 1 case
State v. McCoy (N.M. Ct. App. 2018). “9 The State alleges that Defendant committed the offense of sexual exploitation of a 10 child by prostitution on or around January 29, 2013.”
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