HOUSE BILL 116
56th legislature - STATE OF NEW MEXICO - second session, 2024
INTRODUCED BY
Elizabeth "Liz" Thomson and Marian Matthews and Tara Jaramillo
AN ACT
RELATING TO CRIME; REMOVING THE TIME LIMITATION FOR COMMENCING PROSECUTION OF HUMAN TRAFFICKING; INCREASING THE AGE FOR SEXUAL EXPLOITATION OF CHILDREN BY PROSTITUTION TO EIGHTEEN; ADDING "HUMAN TRAFFICKING" TO THE DEFINITION OF RACKETEERING; AMENDING THE ELEMENTS OF HUMAN TRAFFICKING; PROVIDING A DEFINITION OF "HARM"; PROHIBITING CERTAIN DEFENSES IN A PROSECUTION FOR HUMAN TRAFFICKING; ADDING VICTIMS OF HUMAN TRAFFICKING AND SEXUAL EXPLOITATION OF CHILDREN TO THE VICTIMS OF CRIME ACT; PROHIBITING EARNED MERITORIOUS DEDUCTIONS FOR A HUMAN TRAFFICKING SENTENCE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 30-1-8 NMSA 1978 (being Laws 1963, Chapter 303, Section 1-8, as amended) is amended to read:
"30-1-8. TIME LIMITATIONS FOR COMMENCING PROSECUTION.--A person shall not be prosecuted, tried or punished in any court of this state unless the indictment is found or information or complaint is filed within the time as provided:
A. for a second degree felony, within six years from the time the crime was committed;
B. for a third or fourth degree felony, within five years from the time the crime was committed;
C. for a misdemeanor, within two years from the time the crime was committed;
D. for a petty misdemeanor, within one year from the time the crime was committed;
E. for any crime against or violation of Section 51-1-38 NMSA 1978, within three years from the time the crime was committed;
F. for a felony pursuant to Section 7-1-71.3, 7-1-72 or 7-1-73 NMSA 1978, within five years from the time the crime was committed; provided that for a series of crimes involving multiple filing periods within one calendar year, the limitation shall begin to run on December 31 of the year in which the crimes occurred;
G. for an identity theft crime pursuant to Section 30-16-24.1 NMSA 1978, within five years from the time the crime was discovered;
H. for any crime not contained in the Criminal Code or where a limitation is not otherwise provided for, within three years from the time the crime was committed; and
I. for a capital felony, a first degree violent felony, [or] second degree murder pursuant to Subsection B of Section 30-2-1 NMSA 1978 or any crime against or in violation of Section 30-52-1 NMSA 1978, no limitation period shall exist and prosecution for these crimes may commence at any time after the occurrence of the crime."
SECTION 2. Section 30-6A-4 NMSA 1978 (being Laws 1984, Chapter 92, Section 4, as amended) is amended to read:
"30-6A-4. SEXUAL EXPLOITATION OF CHILDREN BY PROSTITUTION.--
A. Any person knowingly receiving any pecuniary profit as a result of a child under the age of [sixteen] eighteen engaging in a prohibited sexual act with another is guilty of a second degree felony, unless the child is under the age of thirteen, in which event the person is guilty of a first degree felony.
B. Any person knowingly hiring or offering to hire a child under the age of [sixteen] eighteen to engage in any prohibited sexual act is guilty of a second degree felony.
C. Any parent, legal guardian or person having custody or control of a child under [sixteen] eighteen years of age who knowingly permits that child to engage in or to assist any other person to engage in any prohibited sexual act or simulation of such an act for the purpose of producing any visual or print medium depicting such an act is guilty of a third degree felony.
D. In a prosecution for sexual exploitation of children by prostitution, it shall not constitute a defense to prosecution that the defendant's intended victim was a peace officer posing as a child under eighteen years of age."
SECTION 3. Section 30-42-3 NMSA 1978 (being Laws 1980, Chapter 40, Section 3, as amended by Laws 2009, Chapter 253, Section 7 and by Laws 2009, Chapter 261, Section 7) is amended to read:
"30-42-3. DEFINITIONS.--As used in the Racketeering Act:
A. "racketeering" means any act that is chargeable or indictable under the laws of New Mexico and punishable by imprisonment for more than one year, involving any of the following cited offenses:
(1) murder, as provided in Section 30-2-1 NMSA 1978;
(2) robbery, as provided in Section 30-16-2 NMSA 1978;
(3) kidnapping, as provided in Section 30-4-1 NMSA 1978;
(4) forgery, as provided in Section 30-16-10 NMSA 1978;
(5) larceny, as provided in Section 30-16-1 NMSA 1978;
(6) fraud, as provided in Section 30-16-6 NMSA 1978;
(7) embezzlement, as provided in Section 30-16-8 NMSA 1978;
(8) receiving stolen property, as provided in Section 30-16-11 NMSA 1978;
(9) bribery, as provided in Sections 30-24-1 through 30-24-3.1 NMSA 1978;
(10) gambling, as provided in Sections 30-19-3, 30-19-13 and 30-19-15 NMSA 1978;
(11) illegal kickbacks, as provided in Sections 30-41-1 and 30-41-2 NMSA 1978;
(12) extortion, as provided in Section 30-16-9 NMSA 1978;
(13) trafficking in controlled substances, as provided in Section 30-31-20 NMSA 1978;
(14) arson and aggravated arson, as provided in Subsection A of Section 30-17-5 and Section 30-17-6 NMSA 1978;
(15) promoting prostitution, as provided in Section 30-9-4 NMSA 1978;
(16) criminal solicitation, as provided in Section 30-28-3 NMSA 1978;
(17) fraudulent securities practices, as provided in the New Mexico Uniform Securities Act [of 1986];
(18) loan sharking, as provided in Sections
30-43-1 through 30-43-5 NMSA 1978;
(19) distribution of controlled substances or controlled substance analogues, as provided in Sections
30-31-21 and 30-31-22 NMSA 1978;
(20) a violation of the provisions of Section 30-51-4 NMSA 1978;
(21) unlawful taking of a vehicle or motor vehicle, as provided in Section 30-16D-1 NMSA 1978;
(22) embezzlement of a vehicle or motor vehicle, as provided in Section 30-16D-2 NMSA 1978;
(23) fraudulently obtaining a vehicle or motor vehicle, as provided in Section 30-16D-3 NMSA 1978;
(24) receiving or transferring stolen vehicles or motor vehicles, as provided in Section 30-16D-4 NMSA 1978; [and]
(25) altering or changing the serial number, engine number, decal or other numbers or marks of a vehicle or motor vehicle, as provided in Section 30-16D-6 NMSA 1978; and
(26) human trafficking, as provided in Section 30-52-1 NMSA 1978;
B. "person" means an individual or entity capable of holding a legal or beneficial interest in property;
C. "enterprise" means a sole proprietorship, partnership, corporation, business, labor union, association or other legal entity or a group of individuals associated in fact although not a legal entity and includes illicit as well as licit entities; and
D. "pattern of racketeering activity" means engaging in at least two incidents of racketeering with the intent of accomplishing any of the prohibited activities set forth in Subsections A through D of Section 30-42-4 NMSA 1978; provided at least one of the incidents occurred after February 28, 1980 and the last incident occurred within five years after the commission of a prior incident of racketeering."
SECTION 4. Section 30-52-1 NMSA 1978 (being Laws 2008, Chapter 17, Section 1) is amended to read:
"30-52-1. HUMAN TRAFFICKING.--
A. Human trafficking consists of a person knowingly:
(1) recruiting, soliciting, enticing, transporting, harboring, maintaining, patronizing, providing or obtaining by any means another person with the intent or knowledge that force, fraud or coercion will be used to subject the person to labor, services or commercial sexual activity;
(2) recruiting, soliciting, enticing, transporting, harboring, maintaining, patronizing, providing or obtaining by any means a person under the age of eighteen years with the intent or knowledge that the person will be caused to engage in commercial sexual activity; [or]
(3) benefiting, financially or by receiving anything of value, from the labor, services or commercial sexual activity of another person [with the knowledge] where the person benefiting knew or should have known that force, fraud or coercion was used to obtain the labor, services or commercial sexual activity; or
(4) utilizing a person's services to compel the repayment of a financial debt or other obligation when the person who holds or enforces the debt or obligation does not pay the laborer in accordance with state and local law and has actual or perceived control over the laborer, and the laborer has no reasonable means to terminate the labor arrangement.
B. The attorney general and the district attorney in the county of jurisdiction have concurrent jurisdiction to enforce the provisions of this section.
C. Whoever commits human trafficking is guilty of a [third] second degree felony; except if the victim is under the age of
[(1) sixteen, the person is guilty of a second degree felony; or
(2) thirteen] eighteen, the person is guilty of a first degree felony.
D. Prosecution pursuant to this section shall not prevent prosecution pursuant to any other provision of the law when the conduct also constitutes a violation of that other provision. Each violation of this section constitutes a separate offense and shall not merge with any other offense.
E. In a prosecution pursuant to this section, a human trafficking victim shall not be charged with accessory to the crime of human trafficking or for prostitution as provided in Section 30-9-2 NMSA 1978.
F. A person convicted of human trafficking shall, in addition to any other punishment, be ordered to make restitution to the victim for the gross income or value of the victim's labor or services and any other actual damages in accordance with Section 31-17-1 NMSA 1978.
G. As used in this section:
(1) "coercion" means:
(a) causing or threatening to cause harm or physical restraint to any person;
(b) using or threatening to use physical force or physical restraint against any person;
(c) abusing or threatening to abuse the law or legal process;
(d) threatening to report the immigration status