Yes, New Mexico has
Romeo and Julie laws. Romeo and Juliet laws provide close-in-age exemptions for
certain minors engaging in consensual sexual activity between 13 and 17 years
old and are no more than four years apart in age. This law protects them from
statutory sex offense charges.
New Mexico sex crimes defense lawyer, Marc A. Grano, defines state-level Romeo and Juliet laws, situations where they
do not apply, and penalties for statutory rape and related defenses. Grano Law
Offices, P.C. wrote this post for people accused of statutory rape crimes or
their concerned loved ones.
New Mexico Romeo and Juliet Laws Defined
Romeo and Juliet laws provide
statutory exceptions for acts that would otherwise be sex crimes. Named after
the characters in William Shakespeare’s Romeo and Juliet, these exceptions are
created by law. However, it is always illegal to engage in sexual acts with
minors when you are 18 or older and four or more years apart, even if by a day.
Raising a Romeo and
Juliet defense in New Mexico requires you to prove that both parties were:
1. Between the ages of 13
and 17
2. No more than four years
apart in age
3. Consenting to the sexual
activity
Your son or daughter
should not face an age-of-consent violation or conviction as long as the
conditions are met. Discuss their case with a criminal law attorney. Their
charges may be defensible in other ways, even if Romeo and Juliet laws do not
apply.
When Romeo and Juliet Laws Do Not Apply
The definition of who
can apply Romeo and Juliet defenses is clear. However, you may still have
questions. Let’s look at a hypothetical scenario to reinforce your
understanding of the law:
Example: Your son is a 19-year-old high school senior
and engages in consensual sexual activity with a 15-year-old girl who is a sophomore.
These acts, paired with evidence, could result in criminal charges, amounting
to statutory rape.
The above-referenced
example occurs all too often and can lead to serious prison time and
registering as a sex offender. If you are unsure how Romeo and Juliet laws
could apply to your situation, get legal advice from a criminal attorney in New
Mexico.
Potential Penalties for NM Statutory Rape
Convictions
New Mexico prosecutes
people accused of committing felony or misdemeanor age-of-consent violations. Prosecutors
charge them under various statutes that define specific acts and intents. If
convicted, someone could face prison, fines, and sex offender registration for
the rest of their life.
For example, potential
incarceration penalties after a sex offense conviction could include the following:
- NMSA
§ 30-9-11 Aggravated
criminal sexual penetration (CSP):
Life imprisonment
- NMSA
§ 30-9-13.
Criminal sexual contact of a minor:
Exposure of a minimum 18 months imprisonment up to fifteen years
imprisonment. (Depending upon the level of felony charged.)
- NMSA
§ 30-9-1.
Criminal sexual penetration (CSP): Exposure
of a minimum 18 months imprisonment up to a minimum mandatory 18 years of
imprisonment. (Depending upon the level of felony charged.)
WARNING: If a person is convicted of a sex offense,
they cannot remove these convictions from criminal records under the New
Mexico Criminal Record Expungement Act. State laws exclude sex offense convictions from expungement
eligibility per NMSA § 29-3A-5.
Other Defenses to Statutory Rape Charges
The Romeo and Juliet
defense may not apply to your specific situation. However, you may have other
legal options after thoroughly reviewing the facts and prosecutorial evidence.
Legal advice from an attorney is the only way to determine potential defenses
and strategies for your charges.
Some of their defense
recommendations may include the following:
Marital Exemption Defenses: New Mexico has a marital exemption for
statutory rape that allows consensual sex between a married minor, and that
minor’s spouse, despite their ages.
Mistake of Age Defenses: In some rare occasions, the defendant may
contend that they had reason to believe that the alleged was not a minor. This
would potentially apply to an alleged victim who lies about their age and appears
mature enough to be seemingly credible. Courts have determined that mistake of
age may serve as a possible defense to a statutory rape charge. Perez v. State,
111 N.M. 160 (1990). (Remember that every case is evidence specific.)
Consult a Criminal Attorney in New Mexico If
Charged
It is critical to
remember that the law is subject to change at any time. If you are charged with
statutory rape, you should consult an experienced and local criminal defense
attorney in New Mexico, such as Grano Law Offices, P.C. We will evaluate the
strength of the prosecutor’s case against you and develop defenses on your
behalf.
Your defense counsel
will also work to negotiate with the prosecution for a lesser charge or reduced
penalties (such as probation instead of jail time) and be familiar with how
prosecutors and courts handle cases similar to yours.
Get Your Free Case Strategy Session with Grano
Law Offices, P.C.
Would you like to know
more about your legal options after an arrest? If so, consider contacting the
criminal defense lawyer at Grano Law Offices, P.C., in Las Vegas, New Mexico.
Lead counsel and founder, Marc A. Grano, has achieved extensive trial results
in private practice as well as experience as a former NM state prosecutor.
You are welcome to
schedule a Free Case Strategy Session with our legal team by calling (505) 426-8711 or messaging us privately online. Let us know if you prefer to meet via secure video conferencing
when making your appointment.
