FORTY-SECOND LEGISLATURE         HJC/HB 172/a
                       SECOND SESSION, 1996
  
  
                                                 February 12, 1996
  
  Mr. President:
  
    Your JUDICIARY COMMITTEE, to whom has been referred
  
             HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR
                          HOUSE BILL 172
  
  has had it under consideration and reports same with recommendation
  that it DO PASS, amended as follows:
  
    1.  On page 1, line 13, after the semicolon insert "REQUIRING AN
  OFFENDER TO PARTICIPATE IN AND COMPLETE A COUNSELING PROGRAM;".
  
    2.  On page 1, strike lines 17 through 25 in their entirety,
  strike page 2 in its entirety, and on page 3, strike lines 1 through
  8 in their entirety and insert in lieu thereof the following
  sections:
  
    "Section 1.  Section 30-9-14 NMSA 1978 (being Laws 1975, Chapter
  109, Section 5) is amended to read:
  
    "30-9-14.  INDECENT EXPOSURE.--
  
     A.  Indecent exposure consists of a person knowingly and
  intentionally exposing his primary genital area to public view.  
  
     B.  As used in this section, "primary genital area" means
  the mons pubis, penis, testicles, mons veneris, vulva or vagina.
  
     C.  Whoever commits indecent exposure [before a child under
  the age of thirteen] is guilty of a misdemeanor.
  
    [Whoever commits indecent exposure before a person thirteen
  years of age or older is guilty of a petty misdemeanor.]
  
     D.  In addition to any punishment provided pursuant to the
  provisions of this section, the court shall order a person convicted
  for committing indecent exposure to participate in and complete a
  program of professional counseling at his own expense."
  
  
  
  
  
    Section 2.  A new section of the Criminal Code is enacted to
  read:
  
    "[NEW MATERIAL]  AGGRAVATED INDECENT EXPOSURE.--
  
     A.  Aggravated indecent exposure consists of a person
  knowingly and intentionally exposing his primary genital area to
  public view in a lewd and lascivious manner, with the intent to
  threaten or intimidate another person, while committing one or more
  of the following acts or criminal offenses:
  
        (1)  exposure to a child less than eighteen years of
  age;
  
        (2)  assault, as provided in Section 30-3-1 NMSA 1978;
  
        (3)  aggravated assault, as provided in Section 30-3-2
  NMSA 1978;
  
        (4)  assault with intent to commit a violent felony, as
  provided in Section 30-3-3 NMSA 1978;
  
        (5)  battery, as provided in Section 30-3-4 NMSA 1978;
  
        (6)  aggravated battery, as provided in Section 30-3-5
  NMSA 1978;
  
        (7)  criminal sexual penetration, as provided in
  Section 30-9-11 NMSA 1978; or
  
        (8)  abuse of a child, as provided in Section
  30-6-1 NMSA 1978.
  
     B.  As used in this section, "primary genital area" means
  the mons pubis, penis, testicles, mons veneris, vulva or vagina.
  
     C.  Whoever commits aggravated indecent exposure is guilty
  of a fourth degree felony.
  
  
  
  
  
  
     D.  In addition to any punishment provided pursuant to the
  provisions of this section, the court shall order a person convicted 
  for committing aggravated indecent exposure to participate in and
  complete a program of professional counseling at his own expense."",
  
  and further recommends that the referral to the FINANCE
  COMMITTEE be withdrawn.
        
                 Respectfully submitted,
  
  
  
                 __________________________________
                 Janice D. Paster, Chairman 
  
  
  
  Adopted_______________________ Not Adopted_______________________
            (Chief Clerk)                          (Chief Clerk)
  
  
                    Date ________________________
  
  
  The roll call vote was  5  For  0  Against
  Yes:  5
  No:     0
  Excused:   None
  Absent: Carraro, Sanchez, Stefanics, Vernon
  
  
  
  
  H0172JU1                                               .112137.1