New Mexico USLegal Guide to Statutory Rape

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Multi-State
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US-GDE-19
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Description

This guide provides an overview of statutory rape laws in the U.S. Topics covered include age of victim thresholds, reporting requirements, enforcement of the law, and and links to resources.

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FAQ

2.13(K) of the New Mexico Administrative Code (NMAC): A person's age of majority begins on the first instant of his or her 18th birthday and a person who has reached the age of majority is an adult for all purposes not otherwise limited by state law.

Any person sixteen years of age or older may be declared an emancipated minor for one or more of the purposes enumerated in the Emancipation of Minors Act if they are willingly living separate and apart from their parents, guardian or custodian, are managing their own financial affairs and the court finds emancipation ...

The age of consent in New Mexico is 17 years of age. If an adult, or an individual who is over the age of 18, has sex with a minor between 13 and 16 years of age, that adult can be prosecuted for 4th-degree criminal sexual penetration.

States where the age of consent is 17 (7): Colorado, Illinois, Louisiana, Missouri, New York, Texas, and Wyoming. States where the age of consent is 18 (12): Arizona, California, Delaware, Florida, Idaho, Kentucky, North Dakota, Oregon, Tennessee, Utah, Virginia, and Wisconsin.

The purpose of statutory rape laws is to help prevent teenage pregnancies. Generally speaking, an 18-year-old can date a 16-year-old provided that the relationship is not sexual. If the relationship becomes sexual, then it could be illegal depending on the state.

The age of consent in California is 18 years old. This means that anyone under the age of 18 is considered a minor and cannot legally consent to sexual activity. If someone engages in sexual activity with a minor under the age of 18, they can be charged with statutory rape.

2.13(K) of the New Mexico Administrative Code (NMAC): A person's age of majority begins on the first instant of his or her 18th birthday and a person who has reached the age of majority is an adult for all purposes not otherwise limited by state law.

The age of consent in New Mexico is 17 years of age. If an adult, or an individual who is over the age of 18, has sex with a minor between 13 and 16 years of age, that adult can be prosecuted for 4th-degree criminal sexual penetration.

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New Mexico USLegal Guide to Statutory Rape