In the State of New Mexico, pandering is also known as “promoting prostitution.” According to New Mexico criminal law, one commits the offense of pandering/promoting prostitution if one engages in any of the following acts:
- knowingly establishing, owning, maintaining or managing a house of prostitution or a place where prostitution is practiced, encouraged or allowed, or participating in the establishment, ownership, maintenance or management thereof
- knowingly entering into any lease or rental agreement for any premises which a person partially or wholly owns or controls, knowing that such premises are intended for use as a house of prostitution or as a place where prostitution is practiced, encouraged or allowed
- knowingly procuring a prostitute for a house of prostitution or for a place where prostitution is practiced, encouraged or allowed
- knowingly inducing another to become a prostitute
- knowingly soliciting a patron for a prostitute or for a house of prostitution or for any place where prostitution is practiced, encouraged or allowed
- knowingly procuring a prostitute for a patron and receiving compensation therefore
- knowingly procuring transportation for, paying for the transportation of or transporting a person within the state with the intention of promoting that person's engaging in prostitution
- knowingly procuring transportation for, paying for the transportation of or transporting a person within the state with the intention of promoting that person's engaging in prostitution
Penalty for Pandering in New Mexico
In the State of New Mexico, if one is convicted of pandering, one is subject to an imprisonment term of up to eighteen months. Moreover, one may have to pay a fine which can be as high as $5,000.00 per each offense. In addition, a judge is free to impose a combination of both sentences. Furthermore, if the offense involves a minor or the use of force, the sentence can be more harsh.
Defenses for Pandering in New Mexico
There are various defenses for pandering in the State of New Mexico. Some defenses include the following:
- mistake
- defendant did not commit the crime
- police misconduct
Attempted Pandering in New Mexico
When one is charged with attempted pandering in New Mexico, the prosecution has to prove that one had the intent to commit the crime of pandering. If proof of the defendant’s intent cannot be illustrated, the case will not be able be sustained against the defendant.
When to Talk to a Lawyer
If one is named or involved in a case of pandering, one should meet with a criminal defense lawyer in the case. A pandering conviction can result in the loss of one’s civil rights as well as one’s imprisonment and/or the payment of fines. However, an experienced defense attorney can help to reduce the impact of a pandering conviction, as well as determine if one has any rights in the case. Finally, an attorney can prepare a defense and work diligently to obtain the most positive outcome on one’s behalf.
