Prostitution consists of knowingly engaging in or offering to engage in a sexual act for hire.

Attorney's Note

Under the New Mexico Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
petty misdemeanorup to 6 monthsup to $500
For details, see N.M. Stat. Ann. § 31-19-1

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Terms Used In New Mexico Statutes 30-9-2

  • Conviction: A judgement of guilt against a criminal defendant.

As used in this section “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 anal opening of another, whether or not there is any emission.

Whoever commits prostitution 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.