Sexual abuse of a child is generally defined as physical contact or other interaction between a child (under age 17, for example) and an adult when the child is being used for the sexual stimulation or pleasure of the perpetrator or another person. In addition to physical contact, sexual abuse of a child may include (1) the exposure of the genitals of an adult in the presence of a child, (2) the exposure of the genitals of a child, (3) using a child in making pornography, or (4) making a child view sexual acts or pornography.
And in some states multiple instances of sexual contact between an adult and a child may constitute the enhanced criminal offense of continual sexual abuse of a child—which is sometimes a first-degree felony offense.
In New Mexico, sexual abuse of a child is addressed under various statutes that criminalize sexual contact with minors, indecent exposure, and child pornography. According to New Mexico law, a child is defined as a person under the age of 18. Sexual contact with a minor can be prosecuted under the criminal sexual penetration or criminal sexual contact statutes, depending on the nature of the act and the age of the child. Indecent exposure, which includes the exposure of genitals in the presence of a child, is also a criminal offense. Producing, distributing, or possessing child pornography is illegal and severely punished under New Mexico's child pornography laws. Furthermore, New Mexico has a statute for criminal sexual contact of a minor that can be charged as a misdemeanor or felony, depending on the circumstances. The state does not have a specific statute for continual sexual abuse of a child as described, but repeated acts of sexual abuse can lead to multiple charges or enhanced penalties under the existing statutes. It is important for individuals facing such serious allegations to consult with an attorney who is knowledgeable in New Mexico's criminal laws regarding sexual offenses against children.