HOUSE BILL 196

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Tim D. Lewis

AN ACT

RELATING TO CRIMINAL LAW; INCREASING PENALTIES FOR PATRONIZING PROSTITUTES, PROMOTING PROSTITUTION AND ACCEPTING THE EARNINGS OF A PROSTITUTE; PROVIDING FOR INCREASED PENALTIES ON SUBSEQUENT OFFENSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 30-9-3 NMSA 1978 (being Laws 1963, Chapter 303, Section 9-12, as amended) is amended to read:

     "30-9-3. PATRONIZING PROSTITUTES.--

          A. Patronizing prostitutes consists of:

                [A.] (1) entering or remaining in a house of prostitution or any other place where prostitution is practiced, encouraged or allowed with intent to engage in a sexual act with a prostitute; or

                [B.] (2) knowingly hiring or offering to hire a prostitute, or one believed by the offeror to be a prostitute, to engage in a sexual act with the actor or another.

          B. As used in this section, "a sexual act" means sexual intercourse, cunnilingus, fellatio, masturbation of another, anal intercourse or the causing of penetration to any extent and with any object of the genital or an anal opening of another, whether or not there is any emission.

          C. Whoever commits patronizing prostitutes is guilty of a [petty] misdemeanor, unless such crime is a second or subsequent conviction, in which case such person is guilty of a [misdemeanor] fourth degree felony."

     SECTION 2. Section 30-9-4 NMSA 1978 (being Laws 1963, Chapter 303, Section 9-13, as amended) is amended to read:

     "30-9-4. PROMOTING PROSTITUTION.--

          A. Promoting prostitution consists of any person, acting other than as a prostitute or patron of a prostitute:

                [A.] (1) knowingly establishing, owning, maintaining or managing a house of prostitution or a place where prostitution is practiced, encouraged or allowed, or participating in the establishment, ownership, maintenance or management thereof;

                [B.] (2) knowingly entering into any lease or rental agreement for any premises [which] that a person partially or wholly owns or controls, knowing that [such] the premises are intended for use as a house of prostitution or as a place where prostitution is practiced, encouraged or allowed;

                [C.] (3) knowingly procuring a prostitute for a house of prostitution or for a place where prostitution is practiced, encouraged or allowed;

                [D.] (4) knowingly inducing another to [become a prostitute] engage in prostitution;

                [E.] (5) knowingly soliciting a patron for a prostitute or for a house of prostitution or for any place where prostitution is practiced, encouraged or allowed;

                [F.] (6) knowingly procuring a prostitute for a patron and receiving compensation therefor;

                [G.] (7) knowingly procuring transportation for, paying for the transportation of or transporting a person within the state with the intention of promoting that person's engaging in prostitution;

                [H.] (8) knowingly procuring through promises, threats, duress or fraud any person to come into the state or causing a person to leave the state for the purpose of prostitution; or

                [I.] (9) under pretense of marriage, knowingly detaining a person or taking a person into the state or causing a person to leave the state for the purpose of prostitution.

          B. Whoever commits promoting prostitution is, for a first offense, guilty of a [fourth] third degree felony and, for a second or subsequent offense, guilty of a second degree felony."

     SECTION 3. Section 30-9-4.1 NMSA 1978 (being Laws 1981, Chapter 233, Section 4) is amended to read:

     "30-9-4.1. ACCEPTING EARNINGS OF A PROSTITUTE.--

          A. Accepting the earnings of a prostitute consists of accepting, receiving, levying or appropriating money or anything of value, without consideration, from the proceeds of the earnings of a person engaged in prostitution with the knowledge that the person is engaged in prostitution and that the earnings are derived from engaging in prostitution, or knowingly owning or knowingly managing a house or other place where prostitution is practiced or allowed and living or deriving support or maintenance, in whole or in part, from the earnings or proceeds of a person engaged in prostitution at that house or place.

          B. Whoever commits accepting the earnings of a prostitute is, for a first offense, guilty of a [fourth] third degree felony and, for a second or subsequent offense, guilty of a second degree felony."

     SECTION 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2013.

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