Section 29-11A-4 - Registration of sex offenders; information required; criminal penalty for noncompliance. - New Mexico Statutes

29-11A-4. Registration of sex offenders; information required; criminal penalty for noncompliance.

A.     A sex offender residing in this state shall register with the county sheriff for the county in which the sex offender resides.

B.     A sex offender who is a resident of New Mexico shall register with the county sheriff no later than ten days after being released from the custody of the corrections department, a municipal or county jail or a federal, military or tribal correctional facility or detention center or being placed on probation or parole.  A sex offender who changes his residence to New Mexico shall register with the county sheriff no later than ten days after his arrival in this state.  When a sex offender registers with the county sheriff, he shall provide the following registration information:

(1)     his legal name and any other names or aliases that he is using or has used;

(2)     his date of birth;

(3)     his social security number;

(4)     his current address;

(5)     his place of employment;

(6)     the sex offense for which he was convicted; and

(7)     the date and place of his sex offense conviction.

C.     A sex offender who is a resident of another state but who is employed in New Mexico or attending public or private school or an institution of higher education in New Mexico shall register with the county sheriff for the county in which the sex offender is working or attending school or an institution of higher education.

D.     A sex offender who is a resident of another state but who is employed in New Mexico or attending public or private school or an institution of higher education in New Mexico shall register with the county sheriff no later than ten days after beginning work or school.  When the sex offender registers with the county sheriff, he shall provide the following registration information:

(1)     his legal name and any other names or aliases that he is using or has used;

(2)     his date of birth;

(3)     his social security number;

(4)     his current address in his state of residence and, if applicable, the address of his place of lodging in New Mexico while he is working or attending school or an institution of higher education;

(5)     his place of employment or the name of the school he is attending;

(6)     the sex offense for which he was convicted; and

(7)     the date and place of his sex offense conviction.

E.     When a sex offender registers with a county sheriff, the sheriff shall obtain:

(1)     a photograph of the sex offender and a complete set of the sex offender's fingerprints;

(2)     a description of any tattoos, scars or other distinguishing features on the sex offender's body that would assist in identifying the sex offender; and

(3)     a sample of his DNA for inclusion in the sex offender DNA identification system pursuant to the provisions of the DNA Identification Act [29-16-1 NMSA 1978].

F.     When a sex offender who is registered changes his residence within the same county, the sex offender shall send written notice of his change of address to the county sheriff no later than ten days after establishing his new residence.

G.     When a sex offender who is registered changes his residence to a new county in New Mexico, the sex offender shall register with the county sheriff of the new county no later than ten days after establishing his new residence.  The sex offender shall also send written notice of the change in residence to the county sheriff with whom he last registered no later than ten days after establishing his new residence.

H.     When a sex offender who is registered or required to register does not have an established residence, but lives in a shelter, halfway house or transitional living facility or stays in multiple locations in New Mexico, the sex offender shall register with the county sheriff for each county in which the sex offender is living or temporarily located.  The sex offender shall register no later than ten days after a change in his living arrangements or temporary location.

I.     When a sex offender who is registered or required to register is employed, begins a vocation or is enrolled as a student at an institution of higher education in New Mexico, the sex offender shall disclose his status as a sex offender in writing to the county sheriff for the county in which the institution of higher education is located, the law enforcement entity responsible for the institution of higher education and the registrar for the institution of higher education no later than ten days after beginning employment, beginning a vocation or enrolling at the institution of higher education.  The sex offender shall also send written notice of any change regarding his employment, vocation or enrollment status at an institution of higher education to the county sheriff, the law enforcement entity and the registrar no later than ten days after the change in his employment, vocation or enrollment status.

J.     When a sex offender who is registered or required to register is employed or is enrolled as a student at a public or private school in New Mexico, the sex offender shall disclose his status as a sex offender in writing to the county sheriff for the county in which the school is located and to the principal of the school no later than ten days after enrolling at the school.  The sex offender shall also send written notice of any change regarding his enrollment status at a school to the county sheriff and the principal no later than ten days after the change in his enrollment status.

K.     When a sex offender who is registered or required to register is employed, begins a vocation or volunteers his services, regardless of whether the sex offender receives payment or other compensation, the sex offender shall disclose his status as a sex offender in writing to his employer, supervisor or person similarly situated.  The written disclosure shall be made immediately upon beginning his employment, vocation or volunteer service.

L.     Following his initial registration pursuant to the provisions of this section:

(1)     a sex offender required to register pursuant to the provisions of Subsection D of Section 29-11A-5 NMSA 1978 shall renew his registration with the county sheriff not less than once in each ninety-day period following the date of the sex offender's initial registration for the entirety of his natural life; and

(2)     a sex offender required to register pursuant to the provisions of Subsection E of Section 29-11A-5 NMSA 1978 shall annually renew his registration with the county sheriff prior to December 31 of each subsequent calendar year for a period of ten years.

M.     Notwithstanding the provisions of Paragraph (2) of Subsection L of this section, if a sex offender is convicted a second or subsequent time for a sex offense set forth in Subsection E of Section 29-11A-5 NMSA 1978, he shall renew his registration with the county sheriff not less than once in each ninety-day period following the date of the sex offender's initial registration for the entirety of his natural life.

N.     A sex offender who willfully or knowingly fails to comply with the registration requirements set forth in this section is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.  A sex offender who willfully or knowingly fails to comply with the registration requirements set forth in this section after a first or subsequent conviction for a violation pursuant to this section is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.  The willful failure to comply with any registration requirement set forth in this section shall be deemed part of a continuing transaction or occurrence.  A conviction pursuant to this subsection shall not be considered a felony for purposes of the imposition of sentencing enhancements pursuant to the provisions of Section 31-18-17 NMSA 1978.

O.     A sex offender who willfully or knowingly provides false information when complying with the registration requirements set forth in this section is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.  A sex offender who willfully or knowingly provides false information when complying with the registration requirements set forth in this section after a first or subsequent conviction for a violation pursuant to this section is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.  The willful providing by a sex offender of false information with respect to the registration requirements set forth in this section shall be deemed part of a continuing transaction or occurrence.  A conviction pursuant to this subsection shall not be considered a felony for purposes of the imposition of sentencing enhancements pursuant to the provisions of Section 31-18-17 NMSA 1978.