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New Mexico statutory rape law is violated when a person over age 18 has consensual sexual intercourse with an individual under age 17 who is at least 4 years younger whom they are not married to.

The age of consent is raised to 18 when the perpetrator is a school system employee, a school health service provider, or a school volunteer who is over 18, at least 4 years older than the victim, and is aware that the victim is a student in school. A close in age exemption, also known as "Romeo and Juliet law", is designed to prevent the prosecution of underage couples who engage in consensual sex when both participants are significantly close in age to each other, and one or both are below the age of consent.

Depending on the situation, the New Mexico close-in-age exemption may completely exempt qualifying close-in-age couples from the age of consent law, or merely provide a legal defence that can be used in the event of prosecution.

New Mexico Age Of Consent Law: Section 30-9-11: Criminal sexual penetration in the fourth degree consists of all criminal sexual penetration: (1) not defined in Subsections C through E of this section perpetrated on a child thirteen to sixteen years of age when the perpetrator is at least eighteen years of age and is at least four years older than the child and not the spouse of that child; or: (2) perpetrated on a child thirteen to eighteen years of age when the perpetrator, who is a licensed school employee, an unlicensed school employee, a school contract employee, a school health service provider or a school volunteer, and who is at least eighteen years of age and is at least four years older than the child and not the spouse of that child, learns while performing services in or for a school that the child is a student in a school.

These offenders often have greater treatment needs.

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One or more of these charges may be used to prosecute violations of the New Mexico Age of Consent, as statutory rape or the New Mexico equivalent of that charge.

The severity of the criminal charge (felony, misdemeanor, etc) depends on the specifics of the acts committed and the relative ages of the perpetrator and victim.

In addition to the standard conditions of Probation and/or Parole, offenders assigned to a special program must comply with additional supervision conditions.

Standard supervision serves those offenders in the community who are less likely to re-offend and who do not fit the criteria of special programs.




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