Prostitution, Pimping, and Pandering Laws in New Mexico

Under New Mexico's laws, it is a crime to buy or sell sex, make money from or facilitate prostitution, or promote prostitution. Learn how New Mexico defines and penalizes prostitution offenses.

Is Prostitution Legal in New Mexico?

No. Prostitution and related offenses are not legal in New Mexico. Like many states, New Mexico prohibits and penalizes prostitution offenses committed by those who:

• work as prostitutes
• engage the services of a prostitute (patrons)
• profit from another's prostitution, or
• promote or advance prostitution.

New Mexico defines prostitution as engaging in sexual acts for hire. Sexual acts include sexual intercourse, oral and anal sex, masturbation of another, and object penetration.

(N.M. Stat. § 30-9-2 (2024).)

What Are the Penalties for Prostitution in New Mexico?

In New Mexico, a person who commits prostitution faces a petty misdemeanor for a first offense and a misdemeanor for subsequent convictions. Petty misdemeanors carry up to six months of jail time and a $500 fine. A person convicted of a misdemeanor faces up to a year in jail and a $1,000 fine.

Safe Harbor Laws for Minors

New Mexico created a safe harbor law for minors by removing prostitution from the definition of a delinquent act, meaning children cannot be prosecuted for acting as prostitutes. If police believe a child is engaging in prostitution, they may take the child into protective custody and offer social services.

Human Trafficking Record Sealing

A human trafficking victim can ask the court to seal any charge or convictions that resulted from being a trafficking victim (such as prostitution).

(N.M. Stat. §§ 30-9-2, 30-52-1.2, 31-19-1, 32A-2-3, 32A-3B-2, 32A-3B-3, 32A-3B-4 (2024).)

What Are the Penalties for Patrons in New Mexico?

For patrons or customers of prostitution services, New Mexico imposes different penalties based on the age of the prostitute.

Patron Offenses Involving Prostitutes 16 or Older

A patron who knowingly hires or offers to hire a prostitute (or someone believed to be a prostitute). This section applies only when the prostitute is 16 or older. It's also a crime under this section to enter or remain in any place where prostitution is practiced, encouraged, or allowed.

A first offense carries petty misdemeanor penalties (up to six months in jail) and subsequent offenses are misdemeanors (up to one year in jail).

Patron Offenses Involving Child Prostitutes Younger Than 16

Patrons who knowingly hire or offer to hire a child younger than 16 to engage in prostitution commit the crime of sexual exploitation of a child—a second-degree felony. A convicted defendant faces up to 12 years in prison and a $5,000 fine. This offense requires sex offender registration.

(N.M. Stat. §§ 29-11A-3, 30-6A-4, 30-9-3, 31-18-15 (2024).)

What Are the Penalties for Pimping Offenses in New Mexico?

New Mexico law makes it a crime to accept, take, or live off the earnings of a person engaged in prostitution—sometimes called "pimping." Similar to the above crime, the law imposes different penalties based on the age of the prostitute.

Accepting Earnings of a Prostitute

The crime falls under the prostitution laws if the defendant is profiting off of someone no younger than 16. An offense carries fourth-degree felony penalties of up to 18 months of prison time and a $5,000 fine.

Sexual Exploitation of a Child

A defendant who knowingly receives any profit as a result of a child younger than 16 engaging in prostitution faces sexual exploitation charges. The crime is a second-degree felony if the child is 13, 14, or 15, punishable by up to 12 years in prison and a $5,000 fine. It's a first-degree felony if the person exploits a child younger than 13. A conviction can mean up to 18 years of prison time, plus $15,000 in fines.

(N.M. Stat. §§ 30-6A.4, 30-9-3, 31-18-15 (2024).)

What Are the Penalties for Promoting Prostitution in New Mexico?

Laws against promoting prostitution are aimed at third parties who promote or advance prostitution. (These laws don't punish acts committed by prostitutes or patrons.)

A person commits a promoting offense by knowingly:

• inducing someone to become a prostitute
• procuring a prostitute for a house of prostitution or a patron
• soliciting customers for a house of prostitution
• arranging or paying for transportation to promote prostitution
• convincing someone to enter or leave the state for prostitution through promises, threats, duress, or fraud, or
• using the pretense of marriage, detaining or taking the person in or out of the state for prostitution.

It's also a promotion crime to knowingly:

• establish, own, or manage a house or place of prostitution, or
• lease or rent any premises knowing it will be used for prostitution purposes.

These crimes are fourth-degree felonies and can mean up to 18 months of prison time.

However, acts involving children or the use of force or coercion will generally fall under the crime of human trafficking. Human trafficking penalties range from a first- to third-degree felony based on the age of the victim. Maximum penalties range from three to 18 years in prison.

(N.M. Stat. §§ 30-52-1, 30-9-4, 31-18-15 (2024).)

Getting Legal Advice and Counsel

If you are charged with prostitution or a related offense, contact a criminal defense attorney as soon as possible. An experienced attorney can help you navigate the criminal justice system and understand how your case may fare in court.