HOUSE BILL 266
57th legislature - STATE OF NEW MEXICO - second session, 2026
INTRODUCED BY
Elaine Sena Cortez and Andrea Reeb
AN ACT
RELATING TO CHILDREN; INCREASING CERTAIN PENALTIES FOR SEXUAL EXPLOITATION OF CHILDREN; INCREASING THE INTEREST RATE ON DELINQUENT CHILD SUPPORT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 30-6A-3 NMSA 1978 (being Laws 1984, Chapter 92, Section 3, as amended) is amended to read:
"30-6A-3. SEXUAL EXPLOITATION OF CHILDREN.--
A. It is unlawful for a person to intentionally possess any obscene visual or print medium depicting any prohibited sexual act or simulation of such an act if that person knows or has reason to know that the obscene medium depicts any prohibited sexual act or simulation of such act and if that person knows or has reason to know that one or more of the participants in that act is a child under eighteen years of age. A person who violates the provisions of this subsection is guilty of a [fourth] third degree felony for sexual exploitation of children and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. When a separate finding of fact made by a court or jury shows beyond a reasonable doubt that a child depicted in the visual or print medium is a child under the age of thirteen, the basic sentence shall be increased by [one year] five years, and the sentence imposed by this subsection shall be the first [year] three years served and shall not be suspended or deferred; provided that when the offender is a youthful offender, the sentence imposed by this subsection may be increased by one year.
B. The provisions of Subsection A of this section shall not apply to a depiction possessed by a child under the age of eighteen in which the depicted child is between the ages of fourteen and eighteen and the depicted child knowingly and voluntarily consented to the possession, and:
(1) the depicted child knowingly and voluntarily consented to the creation of the depiction; or
(2) the depicted child knowingly and voluntarily produced the depiction without coercion.
This subsection shall not prohibit prosecution nor create an immunity from prosecution for the possession of depictions that are the result of coercion.
C. It is unlawful for a person to intentionally distribute any obscene visual or print medium depicting any prohibited sexual act or simulation of such an act if that person knows or has reason to know that the obscene medium depicts any prohibited sexual act or simulation of such act and if that person knows or has reason to know that one or more of the participants in that act is a child under eighteen years of age. A person who violates the provisions of this subsection is guilty of a [third] second degree felony for sexual exploitation of children and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
D. It is unlawful for a person to intentionally cause or permit a child under eighteen years of age to engage in any prohibited sexual act or simulation of such an act if that person knows, has reason to know or intends that the act may be recorded in any obscene visual or print medium or performed publicly. A person who violates the provisions of this subsection is guilty of a third degree felony for sexual exploitation of children and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978 unless the child is under the age of thirteen, in which event the person is guilty of a second degree felony for sexual exploitation of children and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
E. It is unlawful for a person to intentionally manufacture any obscene visual or print medium depicting any prohibited sexual act or simulation of such an act if one or more of the participants in that act is a child under eighteen years of age. A person who violates the provisions of this subsection is guilty of a second degree felony for sexual exploitation of children and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
F. It is unlawful for a person to intentionally manufacture any obscene visual or print medium depicting any prohibited sexual act or simulation of such an act if that person knows or has reason to know that the obscene medium depicts a prohibited sexual act or simulation of such an act and if that person knows or has reason to know that a real child under eighteen years of age, who is not a participant, is depicted as a participant in that act. A person who violates the provisions of this subsection is guilty of a fourth degree felony.
G. It is unlawful for a person to intentionally distribute any obscene visual or print medium depicting any prohibited sexual act or simulation of such an act if that person knows or has reason to know that the obscene medium depicts a prohibited sexual act or simulation of such an act and if that person knows or has reason to know that a real child under eighteen years of age, who is not a participant, is depicted as a participant in that act. A person who violates the provisions of this subsection is guilty of a third degree felony.
H. The penalties provided for in this section shall be in addition to those set out in Section 30-9-11 NMSA 1978."
SECTION 2. Section 40-4-7.3 NMSA 1978 (being Laws 1999, Chapter 299, Section 1, as amended) is amended to read:
"40-4-7.3. ACCRUAL OF INTEREST--DELINQUENT CHILD AND SPOUSAL SUPPORT.--
A. Interest shall accrue on delinquent child support at the rate of [four] six and one half percent and spousal support at the rate set forth in Section 56-8-4 NMSA 1978 in effect when the support payment becomes due. [and] Interest on a delinquent support payment shall accrue from the date the support is delinquent until the date the support is paid.
B. Interest shall accrue on a consolidated judgment for delinquent child support at the rate of four percent when the consolidated judgment is entered until the judgment is satisfied.
C. Unless the order, judgment, decree or wage withholding order specifies a different due date, [other than the first day of the month] support shall be due on the first day of each month and, if not paid by that date, shall be delinquent.
D. In calculation of support arrears, payments of support shall be first applied in the following order: first, to the current support obligation, next to any delinquent support, next to any consolidated judgment of delinquent support, next to any accrued interest on delinquent support and next to any interest accrued on a consolidated judgment of delinquent support.
E. The [human services department] health care authority shall have the authority to forgive accrued interest on delinquent child support assigned to the state and not otherwise specified in an order, judgment, decree or income withholding order if, in the judgment of the secretary of [human services] health care authority, forgiveness will likely result in the collection of more child support, spousal support or other support and will likely result in the satisfaction of the judgment, decree or wage withholding order. This authority shall include the ability to authorize the return of suspended licenses."
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