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HB 87

Consolidation of gaming.

2025 Regular Session

HB 87 criminalizes non-consensual touching of intimate parts, clothed or unclothed, with explicit intent and anatomical definitions.

H Did not Consider for Introduction
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WeVote Research Nonpartisan
Bill Summary · HB 87

HB 87 — Non‑Consensual Touching Clarification (summary)

Status: Action postponed indefinitely (per provided bill record)
Subject: Criminal sexual contact / crimes & penalties
Primary change: narrows/clarifies statutory definition of “criminal sexual contact” by removing a requirement that the touching be to an “unclothed” intimate part and by adding specific intent and anatomical definitions.

Purpose / intent

The bill is intended to modernize and broaden New Mexico’s criminal‑sexual‑contact statute (Section 30‑9‑12 NMSA 1978) to ensure that non‑consensual touching of intimate body areas is unlawful regardless of whether those areas are clothed, and to clarify the mental‑state (intent) element that makes touching criminal.

Key provisions

  • Removes the statutory requirement that the touching be to an “unclothed” intimate part. The offense covers intentional touching of intimate parts “clothed or unclothed.”
  • Adds explicit intent language: the touching is unlawful where committed “with the intent to arouse or gratify sexual desire or to intrude upon the bodily integrity or personal safety of the victim or for any other unlawful purpose” (language adopted in committee amendments).
  • Provides or clarifies anatomical definitions:
    • “Intimate parts” includes primary genital area, groin, buttocks, anus or breast.
    • “Primary genital area” is defined to include the mons pubis, penis, testicles, mons veneris, vulva or vagina.
  • House and Senate committee amendments:
    • House Judiciary Committee removed a prior psychotherapist exemption and added definitions of “sensitive areas” (breasts, anus/rectum, primary genital areas).
    • Senate Judiciary Committee further broadened the intent language and explicitly inserted “clothed or” into the statute.
  • Existing gradations (e.g., fourth‑degree felony when force/coercion causes personal injury; misdemeanor when certain force only) remain in place; the bill focuses on the definitional scope of the offense rather than creating entirely new degrees of crime.

Who would be affected

  • Victims: expands protections by covering non‑consensual touching even when intimate parts are clothed.
  • Alleged offenders: conduct that previously might not have met the “unclothed” requirement could now be chargeable under the statute; potential implication for charging and penalties.
  • Criminal justice system: law enforcement, prosecutors, public defenders, courts and corrections—may see changes in charging practices, caseloads, training needs, and (potentially) sentencing and sex‑offender registration decisions.
  • Mental‑health practitioners: a psychotherapist exemption that appeared in earlier drafts was removed by amendment, potentially affecting practitioner conduct and liability.

Fiscal, procedural and impact notes

  • Fiscal analyses (Legislative Finance Committee / related agencies) flagged:
    • Indeterminate but likely minimal recurring costs for agencies (courts, public defender, corrections, law enforcement) tied to potential increases in prosecutions, training, and administrative updates.
    • The Office of the Public Defender noted resource concerns if caseloads increase; the Sentencing Commission indicated uncertainty regarding prison‑population impact.
    • Agencies noted possible training needs for law enforcement and courts.
  • Federal registry (SORNA) implications were raised as a concern: redefining/expanding the scope of criminal sexual contact could affect whether certain convictions trigger sex‑offender registration under federal standards; effects are uncertain.
  • Effective date: as drafted the bill contained no special effective date and therefore would take effect 90 days after adjournment if enacted (the fiscal analysis cited an illustrative June 20, 2025 date); however, the bill’s provided status is “action postponed indefinitely,” so it is not in effect.

Bottom line

HB 87 narrows statutory ambiguity by criminalizing non‑consensual touching of intimate parts regardless of clothing and by adding explicit intent and anatomical definitions. Supporters argue it updates the law to reflect modern understanding of sexual assault; critics and justice‑system stakeholders warn it may expand prosecutable conduct, increase caseloads, and raise questions about registration and penalties. The bill’s progress is currently stalled (postponed indefinitely).

Compiled from official sources — confirm details with the bill’s official record.

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