46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO CRIMINAL LAW; REVISING THE ELEMENTS OF THE CRIMINAL OFFENSE KNOWN AS ENTICEMENT OF A CHILD; INCREASING PENALTIES; AMENDING A SECTION OF THE NMSA 1978.

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

Section 1. Section 30-9-1 NMSA 1978 (being Laws 1963, Chapter 303, Section 9-10) is amended to read:

"30-9-1. ENTICEMENT OF A CHILD.--

A. Enticement of a child consists of:

[A.] (1) a person enticing, persuading or attempting to persuade a child under the age of sixteen years to enter [any] a vehicle, building, room or secluded place with intent to commit an act [which] that would constitute a crime under [Article 9 of the Criminal Code; or] Chapter 30, Article 9 NMSA 1978;

[B.] (2) a person having possession of a child under the age of sixteen years in [any] a vehicle, building, room or secluded place with intent to commit an act [which] that would constitute a crime under [Article 9 of the Criminal Code] Chapter 30, Article 9 NMSA 1978; or

(3) a person enticing, persuading or attempting to persuade a child under the age of sixteen years to enter a vehicle, building, room or secluded place with the knowledge that the person has no lawful authority to do so and with intent to commit an act that would constitute a crime under Chapter 30, Article 2, 3, 3A, 4, 5, 6 or 6A NMSA 1978.

B. Whoever commits enticement of a child is guilty of a [misdemeanor] fourth degree felony."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.