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New Mexico Bill Would Make Child Enticement A Felony

Santa Fe--Luring or even trying to entice  a child into secluded place or a vehicle in order to harm the child would become a felony under a bill sponsored by Senator Candace Gould (R-Albuquerque).  Currently the crime of enticement is a misdemeanor.  The bill would also match the punishment of enticing a child in-person to that of solicitation a child on-line.

“A person who in- person entices a child with the intention of raping that child, for example, should face more than a misdemeanor penalty,” Senator Gould said. “The crime should be a felony, just as it is when a person solicits a child on-line.”

§  If the child is under 13, the crime would be a third degree felony, just like on-line solicitation

§  If the child is 13 and over it would be a fourth degree felony, just like on-line solicitation

Felony  punishments:

Third degree- up to three  years in prison, up to $5000 fine

Fourth degree-up to 18 months in prison, up to $5000 fine

Misdemeanor – not more than a year in jail, up to $1,000 fine

SB 160 also increases the maximum age that a child can be a victim of the crime of enticement. The bill increases it to all those children under 18, currently, those under 16 could be a victim of the crime.   SB 160 amends Section 30-9-1 NMSA 1978.