Patronizing prostitutes consists of:
A. entering or remaining in a house of prostitution or any other place where
prostitution is practiced, encouraged or allowed with intent to engage in a sexual act
with a prostitute; or
B. 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 actor or another.
As used in this section, "a 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 an anal opening of another whether or not
there is any emission.
Whoever commits patronizing prostitutes 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-9-12, enacted by Laws 1963, ch. 303, § 9-12; 1981, ch.
233, § 2; 1989, ch. 132, § 2.
ANNOTATIONS
The 1989 amendment, effective June 16, 1989, substituted "a sexual act" for "sexual
penetration" throughout the section, in Subsection B inserted "or one believed by the
offeror to be a prostitute", inserted "masturbation of another" in the next-to-last
undesignated paragraph, and substituted "an anal" for "oral" in the next-to-last
undesignated paragraph.
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).
Notes of Decisions
Cited in
4
cases, 1982–2012 · leading case:
State v. Olson, 2012-NMSC-035, 285 P.3d 1066.
State v. Olson, 2012-NMSC-035, 285 P.3d 1066.
“Viewing all of these facts together supports the officer’s reasonable suspicion that Defendant was turning into an alleyway late at night in an area known for prostitution in order to engage his passenger’s services in violation ofNMS A 1978, Section30-9-3(B) (1989)…”
State v. Sandoval, 649 P.2d 485 (N.M. Ct. App. 1982).
· cites it 4× “Whether the different standards used in the Prostitution [§ 30-9-2, supra] and Patronizing Statutes [§ 30-9-3, N.M.S.A.1978] violate the equal protection of the defendant where all prostitutes are female and all customers are male.”
State v. Olson, 2011-NMCA-056, 258 P.3d 1140.
“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. Olson, 258 P.3d 1140 (N.M. Ct. App. 2011).
“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…”
N.M. Stat. § 30-9-3(B): 3 cases
State v. Olson, 2012-NMSC-035, 285 P.3d 1066.
“Viewing all of these facts together supports the officer’s reasonable suspicion that Defendant was turning into an alleyway late at night in an area known for prostitution in order to engage his passenger’s services in violation ofNMS A 1978, Section30-9-3(B) (1989)…”
State v. Olson, 2011-NMCA-056, 258 P.3d 1140.
“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. Olson, 258 P.3d 1140 (N.M. Ct. App. 2011).
“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…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.