N.M. Stat. » N.M. Stat. / Chapter 30 / Article 9
New Mexico Statutes

N.M. Stat. § 30-9-2 (2026)

Prostitution.

✓ current as of May 2026
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Prostitution consists of knowingly engaging in or offering to engage in a sexual act
for hire.

   As used in this section "sexual act" means sexual intercourse, cunnilingus, fellatio,
masturbation of another, anal intercourse or the causing of penetration to any extent
and with any object of the genital or anal opening of another, whether or not there is any
emission.

   Whoever commits prostitution is guilty of a petty misdemeanor, unless such crime is
a second or subsequent conviction, in which case such person is guilty of a
misdemeanor.
History: 1953 Comp., § 40A-9-11, enacted by Laws 1963, ch. 303, § 9-11; 1981, ch.
233, § 1; 1989, ch. 132, § 1.

                                     ANNOTATIONS

The 1989 amendment, effective June 16, 1989, substituted "a sexual act" for "sexual
penetration" in the first and second paragraphs, and inserted "masturbation of another"
in the second paragraph.

Constitutionality. — This section does not violate the equal protection clause of the
fourteenth amendment of the United States constitution or the equal rights amendment
of the New Mexico constitution. State v. Sandoval, 1982-NMCA-091, 98 N.M. 417, 649
P.2d 485.

"Masturbation" construed. — A jury instruction defining masturbation to include erotic
stimulation of the genital organs by the alternative means of "sexual fantasies" extended
the scope of criminal conduct prohibited by this section and constituted reversible error.
State v. Mayfield, 1995-NMCA-077, 120 N.M. 198, 900 P.2d 358.

Possession of woman for unlawful purposes. — The having in possession of a
woman for purposes of unlawful sexual intercourse was criminal. State v. Chenault,
1915-NMSC-024, 20 N.M. 181, 147 P. 283 (decided under prior law).

Law reviews. — For symposium, "The Impact of the Equal Rights Amendment on the
New Mexico Criminal Code," see 3 N.M.L. Rev. 106 (1973).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 63A Am. Jur. 2d Prostitution §§ 1 to 30.

Entrapment defense in sex offense prosecutions, 12 A.L.R.4th 413.

Laws prohibiting or regulating "escort services," "outcall entertainment" or similar
services used to carry on prostitution, 15 A.L.R.5th 900.

73 C.J.S. Prostitution and Related Offenses §§ 2 to 20.
Notes of Decisions
Cited in 6 cases, 1982–2018 · leading case: State v. Sandoval, 649 P.2d 485 (N.M. Ct. App. 1982).
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State v. Sandoval, 649 P.2d 485 (N.M. Ct. App. 1982). · cites it 12× “Defendant was convicted in Magistrate Court of prostitution, in violation of § 30-9-2, N.M.S.A.1978. After a trial de novo in the district court on appeal, defendant was found guilty, and sentenced to sixty days in the San Juan County Jail.”
State v. Olson, 2011 NMCA 56 (N.M. Ct. App. 2011). · cites it 3× “See § 30-9-2 (making it a crime to knowingly offer to engage in a sexual act for hire); § 30-9-3(B) (defining patronizing a prostitute as “knowingly hiring or offering to hire a prostitute, or one believed by the offeror to be a prostitute, to engage in a sexual act with the…”
State v. Mayfield, 900 P.2d 358 (N.M. Ct. App. 1995). · cites it 12× “” NMSA 1978, § 30-9-2 (Repl. Pamp.1994). To prove prostitution, the State had to prove a “sexual act” for hire.”
State v. Tijerino, 87 P.3d 1095 (N.M. Ct. App. 2004). · cites it 2× “In addition, Gurule was charged with possession of one ounce or less of marijuana, contrary to NMSA 1978, § 30-31-23(B)(l) (1990), and Tijerino was charged with one count of prostitution, contrary to NMSA 1978, § 30-9-2 (1989). {3} On June 4, 2001, the City of Abuquerque filed a…”
State v. Olson, 258 P.3d 1140 (N.M. Ct. App. 2011). · cites it 3× “See § 30-9-2 (making it a crime to knowingly offer to engage in a sexual act for hire); § 30-9-3(B) (defining patronizing a prostitute as "knowingly hiring or offering to hire a prostitute, or one believed by the offeror to be a prostitute, to engage in a sexual act with the…”
Ding, 27 I. & N. Dec. 295 (2018). “§ 2C:34-1(a) (West 1994); N.M. Stat. Ann. § 30-9-2 (1994); Okla. Stat.”
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