New Mexico Statutes

N.M. Stat. § 30-9-20 (2026)

Voyeurism prohibited; penalties.

✓ current as of May 2026

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A. Voyeurism consists of intentionally using the unaided eye to view or intentionally
using an instrumentality to view, photograph, videotape, film, webcast or record the
intimate areas of another person without the knowledge and consent of that person:

         (1)   while the person is in the interior of a bedroom, bathroom, changing room,
fitting room, dressing room or tanning booth or the interior of any other area in which the
person has a reasonable expectation of privacy; or

       (2)   under circumstances where the person has a reasonable expectation of
privacy, whether in a public or private place.

   B. Whoever commits voyeurism is guilty of a misdemeanor, except if the victim is
less than eighteen years of age, the offender is guilty of a fourth degree felony.

   C. As used in this section:

      (1)     "intimate areas" means the primary genital area, groin, buttocks, anus or
breasts or the undergarments that cover those areas; and

     (2)     "instrumentality" means a periscope, telescope, binoculars, camcorder,
computer, motion picture camera, digital camera, telephone camera, photographic
camera or electronic device of any type.

History: Laws 2007, ch. 238, § 1.

                                     ANNOTATIONS

Effective dates. — Laws 2007, ch. 238, § 2 made this section effective on July 1, 2007.

Notes of Decisions

Cited in 11 cases (5 in the last 5 years), 2008–2026 · leading case: Kerr v. Parsons, 2016 NMSC 028 (N.M. 2016).

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Kerr v. Parsons, 2016 NMSC 028 (N.M. 2016). · cites it 4× “On December 21, 2012, Charles Hawthorne filed an entry of 3 appearance to represent Carrillo against the charges.”

State v. Webb, 2017 NMCA 77 (N.M. Ct. App. 2017). · cites it 4× “D-202- CR-2014-02997 (Webb I), was filed in 2014 and charged Defendant with voyeurism (child under eighteen), in violation of NMSA 1978, Section 30-9-20(A)(1) (2007), attempted voyeurism (child under eighteen), in violation of Section 30-9-20(A)(1) and NMSA 1978, Section…”

State v. Myers, 226 P.3d 673 (N.M. Ct. App. 2009). · cites it 4× “See NMSA 1978, § 30-9-20 (2007). {6} When Defendant was charged, we had already decided Rendleman in which we construed Section 30-6A-3(D) and established the essential elements of the offense.”

State v. Myers, 2008 NMCA 047 (N.M. Ct. App. 2008). · cites it 2× “See NMSA 1978, § 30-9-20 (2007) (prohibiting voyeurism, which is punishable as a misdemeanor, unless the victim is less than eighteen years of age, in which case the offense is punishable as a fourth degree felony).”

State v. Myers, 181 P.3d 702 (N.M. Ct. App. 2008). · cites it 2× “See NMSA 1978, § 30-9-20 (2007) (prohibiting voyeurism, which is punishable as a misdemeanor, unless the victim is less than eighteen years of age, *704 in which case the offense is punishable as a fourth degree felony).”

State v. Pope (N.M. Ct. App. 2023). · cites it 8× “{1} Defendant Redwolf Pope was convicted by a jury for one count of third-degree criminal sexual penetration (CSP), contrary to NMSA 1978, Section 30-9-11(A), (F) (2009), and one count of voyeurism, contrary to NMSA 1978, Section 30-9-20(A) (2007). Defendant appeals, and we…”

State v. Ikard (N.M. Ct. App. 2022). · cites it 6× “Defendant was charged with two counts of voyeurism of a child, contrary to Section 30-9-20; four counts of attempted voyeurism, contrary to Section 30-9-20 and NMSA 1978, § 30-28-1 (1963); and sexual exploitation of a child, contrary to Section 30-6A-3(A).”

State v. Webb (N.M. Ct. App. 2017). · cites it 4× “D-202-CR-2014-02997 (Webb I), was filed in 2014 and charged 7 Defendant with voyeurism (child under eighteen), in violation of NMSA 1978, 8 Section 30-9-20(A)(1) (2007), attempted voyeurism (child under eighteen), in 9 violation of Section 30-9-20(A)(1) and NMSA 1978, Section…”

State v. Lovato (N.M. Ct. App. 2026). · cites it 4× “he second degree, contrary to 6 NMSA 1978, Section 30-28-2 (1979) and Section 30-9-11(E)(4); attempt to commit 7 CSP in the second degree, contrary to NSMA 1978, Section 30-28-1 (1963, amended 8 2024) 1 and Section 30-9-11(E)(4); criminal sexual contact (CSC) in the fourth 9…”

State v. Gamboa-Soto (N.M. Ct. App. 2025). · cites it 2× “BACKGROUND {2} Defendant was charged with seven misdemeanor and three felony counts of voyeurism, contrary to NMSA 1978, Section 30-9-20 (2007). Subsequently, defense counsel requested a competency evaluation pursuant to Rule 5-602.”

United States v. Watkins (10th Cir. 2026). “§ 2C:18-3; N.M. Stat. Ann § 30-9-20; N.C. Gen. Stat.”

— N.M. Stat. § 30-9-20(A) — 3 cases

State v. Pope (N.M. Ct. App. 2023). “{1} Defendant Redwolf Pope was convicted by a jury for one count of third-degree criminal sexual penetration (CSP), contrary to NMSA 1978, Section 30-9-11(A), (F) (2009), and one count of voyeurism, contrary to NMSA 1978, Section 30-9-20(A) (2007). Defendant appeals, and we…”

State v. Ikard (N.M. Ct. App. 2022). “Defendant was charged with two counts of voyeurism of a child, contrary to Section 30-9-20; four counts of attempted voyeurism, contrary to Section 30-9-20 and NMSA 1978, § 30-28-1 (1963); and sexual exploitation of a child, contrary to Section 30-6A-3(A).”

State v. Lovato (N.M. Ct. App. 2026). “he second degree, contrary to 6 NMSA 1978, Section 30-28-2 (1979) and Section 30-9-11(E)(4); attempt to commit 7 CSP in the second degree, contrary to NSMA 1978, Section 30-28-1 (1963, amended 8 2024) 1 and Section 30-9-11(E)(4); criminal sexual contact (CSC) in the fourth 9…”

— N.M. Stat. § 30-9-20(A)(1) — 2 cases

State v. Webb, 2017 NMCA 77 (N.M. Ct. App. 2017). “D-202- CR-2014-02997 (Webb I), was filed in 2014 and charged Defendant with voyeurism (child under eighteen), in violation of NMSA 1978, Section 30-9-20(A)(1) (2007), attempted voyeurism (child under eighteen), in violation of Section 30-9-20(A)(1) and NMSA 1978, Section…”

State v. Webb (N.M. Ct. App. 2017). “D-202-CR-2014-02997 (Webb I), was filed in 2014 and charged 7 Defendant with voyeurism (child under eighteen), in violation of NMSA 1978, 8 Section 30-9-20(A)(1) (2007), attempted voyeurism (child under eighteen), in 9 violation of Section 30-9-20(A)(1) and NMSA 1978, Section…”

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