What is the penalty in New Mexico for criminal sexual penetration?

In New Mexico sexual crimes are split into two types. The first group is categorized as unlawful sexual conduct that includes sexual touching. The second group, including crimes such as rape, is more serious. The first group does not have to involve penetration; the second group does. In New Mexico marital rape laws also address situations in the second group.

Further Definitions for Criminal Sexual Penetration

In New Mexico criminal sexual penetration is determined by the courts when one person engages in various forms of sexual intercourse in an unlawful manner. This can include fellatio or anal intercourse. A person can be found guilty of criminal sexual penetration even when emission does not occur.

Penalties for Criminal Sexual Penetration

First-degree criminal sexual penetration in New Mexico occurs if a child is below 13 years old. It is also considered a first-degree offense if the person is coerced or forced to complete the act. If the other person is left injured or feeling traumatized, you can also receive a first-degree felony. The penalty is at least 18 years in prison for the first-degree felony.

If you are convicted of second-degree criminal sexual penetration, you can be given the minimum term of 3 years in prison. Second-degree crimes involve another person between the ages of 13 to 18 years old, when you have authority over the child. Second-degree felonies also apply to prison inmates when the perpetrator is in a position of authority.