Section 30-37-3.2 - Child solicitation by electronic communication device. - New Mexico Statutes

30-37-3.2. Child solicitation by electronic communication device.

A.     Child solicitation by electronic communication device consists of a person knowingly and intentionally soliciting a child under sixteen years of age, by means of an electronic communication device, to engage in sexual intercourse, sexual contact or in a sexual or obscene performance, or to engage in any other sexual conduct when the perpetrator is at least four years older than the child.   

B.     Whoever commits child solicitation by electronic communication device is guilty of a: 

(1)     fourth degree felony if the child is at least thirteen but under sixteen years of age; or 

(2)     third degree felony if the child is under thirteen years of age.  

C.     Whoever commits child solicitation by electronic communication device and also appears for, attends or is present at a meeting that the person arranged pursuant to the solicitation is guilty of a: 

(1)     third degree felony if the child is at least thirteen but under sixteen years of age; or 

(2)     second degree felony if the child is under thirteen years of age.   

D.     In a prosecution for child solicitation by electronic communication device, it is not a defense that the intended victim of the defendant was a peace officer posing as a child under sixteen years of age.  

E.     For purposes of determining jurisdiction, child solicitation by electronic communication device is committed in this state if an electronic communication device transmission either originates or is received in this state.  

F.     As used in this section, "electronic communication device" means a computer, video recorder, digital camera, fax machine, telephone, cellular telephone, pager, audio equipment or any other device that can produce an electronically generated image, message or signal.