The imposition of a minimum, mandatory term of imprisonment pursuant to the provisions of this subsection shall not be interpreted to preclude the imposition of sentencing enhancements pursuant to the provisions of SectionsĮ. Whoever commits criminal sexual penetration in the second degree when the victim is a child who is thirteen to eighteen years of age is guilty of a second degree felony for a sexual offense against a child and, notwithstanding the provisions of Sectionģ1-18-15 NMSA 1978, shall be sentenced to a minimum term of imprisonment of three years, which shall not be suspended or deferred. Whoever commits criminal sexual penetration in the second degree, is guilty of a second degree felony. (6) when the perpetrator is armed with a deadly weapon. (5) in the commission of any other felony or (4) by the use of force or coercion when the perpetrator is aided or abetted by one or more persons (3) by the use of force or coercion that results in personal injury to the victim (2) on an inmate confined in a correctional facility or jail when the perpetrator is in a position of authority over the inmate (1) on a child thirteen to eighteen years of age when the perpetrator is in a position of authority over the child and uses this authority to coerce the child to submit Criminal sexual penetration in the second degree consists of all criminal sexual penetration perpetrated:
Whoever commits criminal sexual penetration in the first degree is guilty of a first degree felony.ĭ. (2) by the use of force or coercion that results in great bodily harm or great mental anguish to the victim. (1) on a child under thirteen years of age or Criminal sexual penetration in the first degree consists of all sexual penetration perpetrated: Criminal sexual penetration does not include medically indicated procedures.Ĭ.
Criminal sexual penetration is the unlawful and intentional causing of a person to engage in sexual intercourse, cunnilingus, fellatio or anal intercourse or the causing of penetration, to any extent and with any object, of the genital or anal openings of another, whether or not there is any emission.ī. 2006 New Mexico Statutes - Section 30-9-11 - Criminal sexual penetration.Ī.
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