HOUSE BILL _____

 54TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2017 INTRODUCED BY

AN ACT

THIS ACT CAN BE REFERRED TO AS THE HUMAN TRAFFICKING PREVENTION ACT (HTPA). THIS ACT (1) CREATES A NEW SECTION TO CHAPTER 30 CALLED THE HUMAN TRAFFICKING PREVENTION ACT; (2) DECLARES THAT PORNOGRAPHY IS A PUBLIC HEALTH CRISIS; (3) PROTECTS CHILDREN FROM OBSCENITY BY MAKING MANUFACTURERS AND WHOLESALERS OF PRODUCTS THAT DISTRIBUTE THE INTERNET SELL THEIR PRODUCTS WITH  PRE-SET ACTIVATED FILTERS THAT CAN ONLY BE REMOVED ON CONDITIONS THAT ACCORD WITH THE EXISTING DISPLAY LAWS; (4) IMPACTS THE DEMAND SIDE OF HUMAN TRAFFICKING; (5) PROTECTS CONSUMERS FROM STUMBLING INTO CHILD PORNOGRAPHY; (6) MITIGATES THE HARM CAUSED BY REVENGE PORNOGRAPHY; AND (7) PAYS FOR THE COST OF THE VICTIMS COMPENSATION FUND, HUMAN TRAFFICKING TASK FORCE,  AND A GRANTS PROGRAM TO OFFSET THE SECONDARY HARMFUL IMPACT THAT INTERFACING WITH OBSCENITY PRODUCES

Summary Of Legislative Findings,

Whereas, the state of New Mexico has a compelling interest in protecting the public health;

Whereas, the state of New Mexico has a compelling interest in protecting minors from being exposed to obscenity through products sold by Manufacturers and Wholesalers that distribute the Internet;

Whereas, the State of New Mexico has a compelling interest to protect consumers’ freedom to choose to avoid exposure to obscenity without consent;

Whereas ignorance of the law is no excuse and obscenity is clearly defined under § 30-37-1;

Whereas easily accessible pornography on products that distribute the internet is impacting the demand for human trafficking and producing sexual voyeurism;  

Whereas, the State of New Mexico has a compelling interest to prevent Manufacturers and Wholesalers of Products that distribute the internet from facilitating human trafficking, prostitution and voyeurism and exposing consumers to criminal liability under § 30-52-1, § 30-9-20, and § 30-9-2;

Whereas, the State of New Mexico has a compelling interest to not necessarily make it easy for Manufacturers and Wholesalers to promote obscenity that objectifies women, encourages child exploitation, and increases domestic violence;

Whereas, the United States Supreme Court has established that the secondary harmful effects of pornography consumption are undeniable;

Whereas the State of New Mexico has a compelling interest to impose a filter deactivation tax as a matter of general equity to the tax imposed on strip clubs, cigarettes, and alcohol, offsetting the secondary harmful effects and burden on the state that stems from exposure to pornography that is cultivated by products that distribute the internet;

Whereas, obscenity has never been in the area of protected speech and is harmful speech that can be regulated in the time, place, and manner of it;

Whereas, the State of New Mexico has a compelling interest to not treat and regulate bricks and mortar pornography shops under a different standard than Wholesalers and Manufacturers of products that distribute the internet;

Whereas, the products that distribute the internet and make its content accessible amount to a miniature Wholesaler/retailer that is an extension of the primary Wholesaler and Manufacturer under vicarious liability and agency law;

Whereas, products of Manufacturers and Wholesalers that distribute the internet are subject to existing display statute §  30-37-2.1 just like newsstands that require girlie magazines be hidden behind a blinder rack;

Whereas, this legislature found under § 30-37-9 that children do not have the judgment necessary to protect themselves from harm and that the legislature has the inherent power to control commercial conduct within this state for the protection of minors in a manner that reaches beyond the scope of its authority to protect adults;

Whereas, the uniform application of laws is set forth under § 30-37-8.

Whereas, products that distribute the internet never fully leave the instrumentality and control of the manufacturer and Wholesaler, elevating the duty of care owed by the Manufacturer and Wholesaler under this State’s product liability laws;

Whereas, the state of New Mexico has personal jurisdiction over the Wholesalers within the state that sell products that distribute the internet and make the content accessible;

Whereas, online pornography amounts to an advertisement for actual prostitution in normalizing false permission giving beliefs;

Whereas, the link between human trafficking and easily accessible pornography online is insurmountably established;

Whereas, obscenity is not protected speech for purposes of the first amendment, ​Miller ​v. ​California​, 413 U.S. 15, 30­34 (1973);

Whereas, the States of New Mexico has the power to make a morally neutral judgment that public exhibition of obscene material, or commerce in such material, has a tendency to injure the community as a whole, to endanger the public safety, or in Chief Justice Warren's words, to jeopardize, States’ "right. . .to maintain a decent society." ​Paris Adult Theatre Iv. Slaton, ​413 US 49, at 63,69 (1973);

Whereas, the United States Supreme Court found that Congress can pass filter legislation to regulate the Tech Enterprise as the least restrictive means under Ashcroft v. ACLU, 542 U.S. 656, 673 (2004) and Ginsberg v. New York, ​390 U.S. 629, 639–40, 88 S.Ct. 1274, 20 L.Ed.2d 195 (1968) and that such laws will survive first amendment heightened scrutiny challenge;

Whereas, the State of New Mexico has a compelling interest to shift the burden off of those who want to avoid being exposed to obscene speech and on to those who want to assume the risks that come from accessing obscene content - encouraging clean speech and discouraging harmful speech;

Whereas, the State of New Mexico has a compelling interest to compare the products sold by Manufacturers and Wholesalers that distribute the web to pornographic vending machines that are subject to strict liability in the same way that cigarette vending machines are;

Whereas, the State of New Mexico has a compelling interest to make “prevention,” not “prosecution,” the first response to sex crimes to include human trafficking, prostitution, domestic violence, child pornography, and revenge pornography that obscenity inspires and encourages that is obtainable through products that distribute the internet and that make content on the web accessible;

Whereas, the State of New Mexico has a compelling interest to make Wholesalers and Manufacturers of products that distribute the internet warn adult consumers of the harm of accessing obscene content, if they express an interest in opting out of the filter;

Whereas, the State of New Mexico has a compelling interest to make Wholesalers and Manufacturers of products that distribute the internet maintain the quality of the digital blinder racks to protect children and consumers from unwanted exposure;

Whereas, the State of New Mexico has a compelling interest to make websites that are known prostitution and human trafficking hubs harder to access in order to reduce the burden imposed on law enforcement and the justice system and the victims of human trafficking;

Whereas, the State of New Mexico has a compelling interest to make Manufacturers and Wholesalers of products that distribute the internet to comply with their publicly acknowledged “moral responsibility” to keep pornography off of their products by default;

Whereas, the State of New Mexico has a compelling interest to prevent Wholesalers and Manufacturers of products that distribute the internet from engaging in false advertising in marketing filterless products, as if they were “family friendly,” when they are not;  

Whereas the State of New Mexico has a compelling interest to make the objective “easy choice” the “right choice” to protect  emotional, mental, relational, reproductive, sexual, and spiritual health of consumers that accords with the truth about our nature and the way things are;

Whereas, the State of New Mexico has a compelling interest to make Wholesalers and Manufacturers of products that distribute the internet give consumers the fundamental right to regulate their own mental health;

Whereas, the State of New Mexico has a compelling interest to not only declare that “pornography is a public health crisis” but to impose common sense filter solution that accords with the first amendment that serves to push obscenity back underground from whence it came before the Manufacturers and Wholesalers of products that distribute the internet brought it above ground due to their collective disregard of the obscenity codes;

Whereas, making Wholesalers and Manufacturers install filters will mitigate the harm caused by the non-consensual dissemination of private sexual images (revenge pornography) under § 30-37A-1;

Whereas, making Manufacturers and Wholesalers that distribute the internet or make content on the internet accessible install filters will protect consumers from stumbling across child pornography and incurring criminal liability 30-6A-3;  

Whereas, in making the Manufacturers and Wholesalers of products that distribute the internet and/or that make its content accessible set up a reporting website and/or call center will better enable them to report improper material to law enforcement in step with their existing duty under 18 U.S. Code § 2258A;

Whereas, by making the Manufacturers and Wholesalers create a call center and/or reporting website will allow consumers to report content that is being filtered that is not obscene;

Whereas, by making Manufacturers and Wholesalers of products that distribute the internet and/or that make content on the internet sell their products with filters will better prevent them from distributing false and misleading domain names in violation of 18 U.S. Code § 2252B;

Whereas, the Constitutionality of the $20 filter deactivation tax is the same as the legal basis for the $5 poll tax imposed on adult entertainment establishments upheld by the Texas Supreme Court in Combs v. Texas Entertainment Association, et al., 347 S.W.3d 277 (Sup. Ct. Tex. 2011);  

Whereas, the $20 filter deactivation tax funds will first go to completely finance the state’s compensation fund set forth under §§ 31-26-1 - 31-26-16 et. seq. and the Human Trafficking Task Force set forth under § 30-52-3, ;

Whereas, the $20 filter deactivation tax funds will provide a grants for government and non-government groups that are working against indecency, sexual assault, human trafficking, domestic violence, divorce, etc;

Whereas, sex related claims imposed on the victims Compensation fund have been on the rise in recent years;

Whereas, the victims compensation fund will not sua sponte fund itself;    

The State of New Mexico Enacts:

PART ONE: PORNOGRAPHY IS A PUBLIC HEALTH CRISIS

Section 1:

General Description:

This concurrent resolution of the Legislature and the Governor recognizes that

pornography is a public health hazard leading to a broad spectrum of individual and public health impacts and societal morbidities.

Highlighted Provisions:

This resolution: recognizes that pornography is a public health hazard leading to a broad spectrum of individual and public health impacts and societal harms; and recognizes the need for education, prevention, research, regulation over the manufacturers and wholesalers of products that play a role in distributing the internet, and policy change at the community and societal level in order to address the pornography epidemic that is harming the citizens of New Mexico and the nation.

Section 2

Be it resolved by the Legislature of the state of New Mexico, the Governor concurring therein:

WHEREAS, pornography is creating a public health crisis;

WHEREAS, pornography perpetuates a sexually toxic environment;

WHEREAS, efforts to prevent pornography exposure and addiction, to educate individuals and families concerning its harmful effects, and to develop recovery programs must be addressed systemically in ways that hold providers accountable;

WHEREAS, pornography is contributing to the hypersexualization of teens, and even prepubescent children, in our society;

WHEREAS, due to advances in technology and the universal availability of the Internet, young children are exposed to what used to be referred to as hard core pornography, but is now considered mainstream, pornography at an alarming rate;

WHEREAS, the average age of exposure to pornography is now 11 to 12 years of age;

WHEREAS, this early exposure is leading to low self-esteem and body image disorders, an increase in problematic sexual activity at younger ages, and an increased desire among adolescents to engage in risky sexual behavior;

WHEREAS, exposure to pornography often serves as childrens' and youths' sex education and informs their sexual templates;

WHEREAS, because pornography treats women as objects and commodities for the viewer's use, it teaches girls they are to be used and teaches boys to be users;

WHEREAS, pornography normalizes violence and abuse of women and children;

WHEREAS, pornography treats women and children as objects and often depicts rape and abuse as if they are harmless;

WHEREAS, pornography equates violence towards women and children with sex and  pain with pleasure, which increases the demand for sex trafficking, prostitution, child sexual abuse images, and child pornography;

WHEREAS, potential detrimental effects on pornography's users can impact brain development and functioning, contribute to emotional and medical illnesses, shape deviant sexual arousal, and lead to difficulty in forming or maintaining positive intimate relationships, as well as promoting problematic or harmful sexual behaviors and addiction;

WHEREAS, recent neurological research indicates that pornography is potentially biologically addictive, which means the user requires more novelty, often in the form of more shocking  material, in order to be satisfied;

WHEREAS, this biological addiction leads to increasing themes of risky sexual behaviors, extreme degradation, violence, and child sexual abuse images and child pornography;

WHEREAS, pornography use is linked to lessening desire in young men to marry, dissatisfaction in marriage, and infidelity;

WHEREAS, this link demonstrates that pornography has a detrimental effect on the family unit; and

WHEREAS, overcoming pornography's emotional and psychological damaging effects is beyond the capability of the afflicted individuals to address alone:

NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of New Mexico, the Governor concurring therein, recognizes that pornography is a public health hazard leading to a broad spectrum of individual and public health impacts and societal harms.

BE IT FURTHER RESOLVED that the Legislature and the Governor recognize the need for education, prevention, research, and policy change at the community and societal level in order to address the pornography epidemic that is harming the people of our state and nation.

BE IT FURTHER RESOLVED that the Legislature and the Governor recognize products that distribute the internet are effectively pornography vending machines that are in need of regulation.

BE IT FURTHER RESOLVED that the Legislature and the Government recognize that the Manufacturers and Wholesalers of products that distribute the internet have not complied with New Mexico’s obscenity codes.

________________________________________________________________

PART II: Human Trafficking Prevention Act

Section 3: Digital Display Laws Apply To Products That Distribute The Internet In Accordance With § 30-37-2.1 ( Offenses; retail display).^[1] [2]

(a) Any business, manufacturer,wholesaler or individual in the state of New Mexico that manufactures, distributes, or sells or sells any products that makes accessible any content on the internet shall not sell any such product unless the product contains an active and operating digital blocking capability that renders obscenity, as defined under § 30-37-1^[3] inaccessible.

(b) Any business or individual that manufactures, distributes or sells any product that makes accessible any content on the internet may not sell or otherwise distribute any product unless it contains an active and operating a digital blocking capability that renders obscenity, as defined under § 30-37-1 inaccessible.  Such business must make reasonable and ongoing efforts to insure the proper functioning of the digital content blocking capability to make obscenity as defined under § 30-37-1 inaccessible as  required by § 30-37-2.1.^[4] 

(c) Any business or individual that manufactures, distributes or sells any product that makes accessible any content on the internet shall ensure that all child pornography as defined under § 30-6A-2^[5] is inaccessible.^[6]

(d)  Any business or individual that manufactures, distributes or sells any product that makes accessible any content on the internet shall insure that revenge pornography as defined by         § 30-37A-1^[7] is inaccessible.

Section 4: Duty To Hide Prostitution Hubs Behind the Filter                

(a) Any business or individual that manufactures, distributes or sells any product that makes accessible any content on the internet shall insure that any prostitution hub is inaccessible in order not to promote prostitution.^[8] 

(b) The District Attorney or Attorney General can seek injunctive relief against any business or individual that manufactures, distributes or sells any product that makes accessible any content on the internet that is used to advance prostitution as defined by  § 30-9-20.^[9]

Section 5: Duty To Hide Websites That Are Substantially Facilitating Human Trafficking Behind The Filter

(a) Human trafficking is defined under § 30-52-1.^[10]

(b) Any business or individual that manufactures, distributes or sells any product that makes accessible any content on the internet shall render websites that are known to be facilitating the trafficking of persons inaccessible.

(c) The District Attorney or Attorney General can seek injunctive relief against Any business or individual that manufactures, distributes or sells any product that makes accessible any content on the internet in violation of this section.

Section 6: Duty To Warn And Duty To Deactivate The Filter Upon Conditions

(a) Any business or individual that manufactures, distributes, or sells any product that makes accessible any content on the internet shall not sell or otherwise distribute products unless it contains an active and operating digital content blocking capability that is actually and effectually making obscenity inaccessible to the product.

(b) Any business or individual that manufactures, distributes or sells any product that makes accessible any content on the internet may not share the methods, source code or other operating instructions of the digital blocking capability unless the conditions described in this section are met.                                

(c) The Manufacturer and/or Wholesaler shall deactivate the digital content blocking capability if the consumer:

(1) specifically and in writing requests that the capability be disabled;        

(2) verifies in a face to face encounter either in person or through means that verify the person is over the age of 18;

(3) has acknowledged receiving a written warning regarding the potential danger of deactivating the digital content blocking capability; and

(4) pays a $20 one-time tax payable to the State of New Mexico.

Section 7: Criminal Liability For Selling Filterless Products To Minors And Non- consenting Adults                

(a) Any business or individual that manufactures, distributes or sells any product that makes accessible any content on the internet is guilty of a misdemeanor under § 30-37-2.1 if they either sell a product without activated filters set to block obscenity as defined under § 30-37-1 to a minor or provide the means to disable the digital content blocking capability.^[11] [12]                

(b) Any business or individual that manufactures, distributes or sells any product that makes accessible any content on the internet is guilty of a misdemeanor if they provide a product without a digital content blocking capability unless that adult has requested in writing the the digital content blocking capability be disabled.                         

(c) The Attorney General has concurrent jurisdiction with the District Attorney under this section for any violation of this act.

Section 8: Products That Distribute The Internet Are Pornogrpahic Vending Machines

Internet Service Providers’ routers, cell phones, laptops, computers, gaming devices and other products that distribute the internet and/or make the content on the internet available amount to pornographic vending machines and shall be treated as such under this act and under the laws of the state of New Mexico.

Section 9: Immunity From Criminal Liability                                                 

(a) Any business or individual that manufactures, distributes or sells any product that makes accessible any content on the internet that complies with this law is immune from criminal liability under these sections.                        

(b) There is no retroactive criminal liability for any business or individual that manufactures, distributes or sells any product that makes accessible any content on the internet that did not comply with this law prior to its enactment.

Section 10: Filter Tax To Offset the Secondary Harmful Effects Of Obscenity On Society 

(a) The State of New Mexico will impose a $20 filter opt-out fee to help offset the secondary harmful and social effects that Manufacturers and Wholesalers of products that distribute the internet and that make internet content available have cultivated. The tax will go to first to the state’s victim compensation fund. The balance will go to the state’s general fund.^[13] 

(b) A portion of the funds collected under this section shall be allocated to go to groups that fight human trafficking, domestic violence, sexual assault, child exploitation, divorce, and pornography and that provide relational counseling and rehabilitation within the state of New Mexico.^[14]

(c)  Any business or individual that manufactures, distributes or sells any product that makes accessible any content on the internet may charge a filter deactivation fee as they see fit. If a purchaser of products that distribute or that make assessable content on the internet asks the Manufacturer and/or Wholesaler to install a filter, the Manufacturer and/or Wholesaler shall do so and withhold the mechanism to deactivate the filter. If the consumer subsequently decides they want to have the filter deactivated, a $20 filter tax shall be imposed by the State.

Section 11: REMISSION OF FEE; SUBMISSION OF REPORTS

(a)  Each quarter a manufacturer and wholesaler of products that distribute the internet shall: remit the $20 fee to the comptroller in the manner prescribed by the comptroller; and

(b) file a report with the comptroller in the manner and containing the information required by the comptroller.^[15]

(c) The anti-pornography, anti-human trafficking, anti-domestic violence groups, and pro-family groups shall be entitled to the tax funds to enable their operations.

(d) The $20 deactivation tax funds will first go to completely finance the state’s crimes compensation fund set forth under §§ 31-26-1 - 31-26-16 et. seq.^[16] and the human trafficking task force set forth under § 30-52-3.^[17]

Section 12: GRANTS: ALLOCATION OF CERTAIN REVENUE FOR SEXUAL ASSAULT PROGRAMS, VICTIM FUNDS, ANTI-HUMAN TRAFFICKING GROUPS, PORNOGRAPHY EDUCATION AND AWARENESS GROUPS

(a) The comptroller shall deposit the amounts received from the fee imposed under this subchapter to the credit of the sexual assault program fund, victim funds, and pornography education fund.

(b) the remaining tax proceeds shall be put in the state’s general fund.

(c) Subject to the availability of funds, the commission shall make grants to State agencies, units of local government and nongovernmental organizations to: (1) Develop, expand or strengthen programs for victims of human trafficking and child exploitation. Such programs may include: (i) Health services, including mental health services.

(ii) Temporary and permanent housing placement.

(iii) Legal and immigration services.

(iv) Employment placement, education and training.

(2) Ensure prevention of human trafficking, including increasing public awareness.

(3) Ensure protection of victims of human trafficking, including training of first responders.^[18]

Section 13: Duty To Maintain The Quality Of The Filters

(a) Products that distribute the internet are unique in that they do not fully leave the instrumentality and control of the Manufacturer and Wholesalers, elevating the duty of care owed to consumers under New Mexico’s products liability statutes.  

(b) Manufacturers and Wholesalers of products that distribute the internet and/or that make content on the internet accessible shall send out filter updates regularly with routine software bundles to ensure the quality and performance of the filters in blocking obscenity.  

(c) Manufacturers and Wholesalers of products that distribute the Internet shall set up a reporting website and/or call center where consumers can report obscene content that has breached the filter.

(d) The Manufacturers and/or Wholesalers will determine within a reasonable amount of time if the reported content is obscene or not, as defined under § 30-37-1.  If the material meets the definition of obscene as defined under § 30-37-1, then the Manufacturers and/or Wholesalers shall send out a filter update that incorporates the reported material behind the shield within a reasonable amount of time after the determination to ensure continued compliance with § 30-37-2.1.

(e) If the Manufacturer or Wholesaler is non-responsive to the reporting of obscene material that has breached the filter, then the complaining consumer or attorney general can bring a civil suit against the Manufacturer and Wholesaler in the court of competent jurisdiction.

(f) The injured consumer or attorney general can seek $500 for every piece of content that was reported but was not subsequently filtered by the Manufacturer and Wholesaler.

(g) If the consumer prevails in the civil action, the Wholesaler and/or Manufacturer shall reimburse the consumer the purchase price of the product.

(h) The prevailing party to a civil action can seek attorneys fees under this section, which will ensure compliance and ward off frivolous lawsuits.

(i) Manufacturers and Wholesalers of products that distribute the internet have an existing duty to report criminal content to law enforcement under 18 U.S. Code § 2258A.^[19] By establishing the contact center and reporting website, Manufacturers and Wholesalers can better fulfill their obligation under federal law.

Section 14: Duty To Unfilter Content That Is Not Obscene

(a) If the filters accidently blocks content that is not obscene as defined under § 30-37-1 and if reported to the call center and/or reporting website, the Manufacturer and Wholesaler must unblock the material within a reasonable time.

(b) Declaratory relief in the civil court of competent jurisdiction under this act can be sought to unblock filtered content;

(c) The prevailing party to a civil action can seek attorneys fees under this section, which will ensure compliance and ward off frivolous lawsuits.

(d) Manufacturers and Wholesalers will not filter websites that are primarily social media and interactive in nature (facebook, twitter, youtube), if these websites have a reporting center themselves and remain reasonably proactive in removing obscene content once reported.                 

Section 15: Duty To Not Block Social Interactive Websites With Reporting Centers

The Manufacturers and Wholesalers of products that distribute the internet and/or that make the content online available will not filter social interactive websites like facebook, youtube, and twitter, which are websites with their own reporting center.

______________________________________________________________________________

Bills Referenced In The Statute

[1] The original way that this section was written read: (a) Bricks and mortar Wholesalers in the state of New Mexico that distribute obscene material through their commercial place of retail are required to put the obscene material behind a “blinder rack” and not on display in compliance with § 30-37-2.1 Manufacturers and Wholesalers of products that distribute and/or make accessible content on the internet within the State of New Mexico amount to miniature retail stores that are an extension to the primary Manufacturer and Wholesaler. Henceforth, Manufacturers’ and Wholesalers’ that sell products that distribute and/or make content on the internet available shall install custom made and activated digital blinder racks that filter obscenity, as defined under § 30-37-1. (b) The Wholesalers and Manufacturers must install custom made digital blinder racks that make a reasonable and ongoing attempt to hold the bank of obscenity as defined under § 30-37-1 that is accessible through their products behind the digital shield in order to comply with  § 30-37-2.1.

[2]   Georgia has a statute called the Child Exploitation Prevention Act of 2007 that can be pulled from by legislative services. See  § 16-12-100.2 - Computer or electronic pornography and child exploitation prevention Universal Citation: GA Code § 16-12-100.2 (2015) (a) This Code section shall be known and may be cited as the "Computer or Electronic Pornography and Child Exploitation Prevention Act of 2007." (b) As used in this Code section, the term: (1) "Child" means any person under the age of 16 years. (2) "Electronic device" means any device used for the purpose of communicating with a child for sexual purposes or any device used to visually depict a child engaged in sexually explicit conduct, store any image or audio of a child engaged in sexually explicit conduct, or transmit any audio or visual image of a child for sexual purposes. Such term may include, but shall not be limited to, a computer, cellular phone, thumb drive, video game system, or any other electronic device that can be used in furtherance of exploiting a child for sexual purposes; (3) "Identifiable child" means a person: (A) Who was a child at the time the visual depiction was created, adapted, or modified or whose image as a child was used in creating, adapting, or modifying the visual depiction; and (B) Who is recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature or by electronic or scientific means as may be available. The term shall not be construed to require proof of the actual identity of the child. (4) "Sadomasochistic abuse" has the same meaning as provided in Code Section 16-12-100.1. (5) "Sexual conduct" has the same meaning as provided in Code Section 16-12-100.1. (6) "Sexual excitement" has the same meaning as provided in Code Section 16-12-100.1. (7) "Sexually explicit nudity" has the same meaning as provided in Code Section 16-12-102. (8) "Visual depiction" means any image and includes undeveloped film and video tape and data stored on computer disk or by electronic means which is capable of conversion into a visual image or which has been created, adapted, or modified to show an identifiable child engaged in sexually explicit conduct. (c) (1) A person commits the offense of computer or electronic pornography if such person intentionally or willfully: (A) Compiles, enters into, or transmits by computer or other electronic device; (B) Makes, prints, publishes, or reproduces by other computer or other electronic device; (C) Causes or allows to be entered into or transmitted by computer or other electronic device; or (D) Buys, sells, receives, exchanges, or disseminates any notice, statement, or advertisement, or any child's name, telephone number, place of residence, physical characteristics, or other descriptive or identifying information for the purpose of offering or soliciting sexual conduct of or with an identifiable child or the visual depiction of such conduct. (2) Except as provided in paragraphs (3) and (4) of this subsection, any person convicted of violating paragraph (1) of this subsection shall be punished by a fine of not more than $10,000.00 and by imprisonment for not less than one nor more than 20 years. (3) Any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor if: (A) At the time of the offense, any identifiable child visually depicted was at least 14 years of age when the visual depiction was created; (B) The visual depiction was created with the permission of such child; (C) The defendant possessed the visual depiction with the permission of such child; and (D) The defendant was 18 years of age or younger at the time of the offense and: (i) The defendant did not distribute the visual depiction to another person; or (ii) In the court's discretion, and when the prosecuting attorney and the defendant have agreed, if the defendant's violation involved the distribution of such visual depiction to another person but such distribution was not for the purpose of: (I) Harassing, intimidating, or embarrassing the minor depicted; or (II) For any commercial purpose. (4) The prohibition contained in paragraph (1) of this subsection shall not apply to any person who creates or possesses a visual depiction of only himself or herself. (d) (1) It shall be unlawful for any person intentionally or willfully to utilize a computer wireless service or Internet service, including, but not limited to, a local bulletin board service, Internet chat room, e-mail, instant messaging service, or other electronic device, to seduce, solicit, lure, or entice, or attempt to seduce, solicit, lure, or entice a child, another person believed by such person to be a child, any person having custody or control of a child, or another person believed by such person to have custody or control of a child to commit any illegal act by, with, or against a child as described in Code Section 16-6-2, relating to the offense of sodomy or aggravated sodomy; Code Section 16-6-4, relating to the offense of child molestation or aggravated child molestation; Code Section 16-6-5, relating to the offense of enticing a child for indecent purposes; or Code Section 16-6-8, relating to the offense of public indecency, or to engage in any conduct that by its nature is an unlawful sexual offense against a child. (2) Any person who violates paragraph (1) of this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than 20 years and by a fine of not more than $25,000.00; provided, however, that if at the time of the offense the victim was at least 14 years of age and the defendant was 18 years of age or younger, then the defendant shall be guilty of a misdemeanor. (e) (1) A person commits the offense of obscene Internet contact with a child if he or she has contact with someone he or she knows to be a child or with someone he or she believes to be a child via a computer wireless service or Internet service, including, but not limited to, a local bulletin board service, Internet chat room, e-mail, or instant messaging service, and the contact involves any matter containing explicit verbal descriptions or narrative accounts of sexually explicit nudity, sexual conduct, sexual excitement, or sadomasochistic abuse that is intended to arouse or satisfy the sexual desire of either the child or the person, provided that no conviction shall be had for a violation of this subsection on the unsupported testimony of a child. (2) Any person who violates paragraph (1) of this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than ten years or by a fine of not more than $10,000.00; provided, however, that if at the time of the offense the victim was at least 14 years of age and the defendant was 18 years of age or younger, then the defendant shall be guilty of a misdemeanor. (f) (1) It shall be unlawful for any owner or operator of a computer on-line service, Internet service, local bulletin board service, or other electronic device that is in the business of providing a service that may be used to sexually exploit a child to intentionally or willfully to permit a subscriber to utilize the service to commit a violation of this Code section, knowing that such person intended to utilize such service to violate this Code section. No owner or operator of a public computer on-line service, Internet service, local bulletin board service, or other electronic device that is in the business of providing a service that may be used to sexually exploit a child shall be held liable on account of any action taken in good faith in providing the aforementioned services. (2) Any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor of a high and aggravated nature. (g) The sole fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this Code section shall not constitute a defense to prosecution under this Code section. (h) A person is subject to prosecution in this state pursuant to Code Section 17-2-1, relating to jurisdiction over crimes and persons charged with commission of crimes generally, for any conduct made unlawful by this Code section which the person engages in while: (1) Either within or outside of this state if, by such conduct, the person commits a violation of this Code section which involves a child who resides in this state or another person believed by such person to be a child residing in this state; or (2) Within this state if, by such conduct, the person commits a violation of this Code section which involves a child who resides within or outside this state or another person believed by such person to be a child residing within or outside this state.

[3]  30-37-1. Definitions. As used in this act: A. "minor" means any unmarried person who has not reached his eighteenth birthday; B. "nudity" means the showing of the male or female genitals, pubic area or buttocks with less than a full opaque covering, or the depiction of covered male genitals in a discernibly turgid state; C. "sexual conduct" means act of masturbation, homosexuality, sodomy, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person be female, breast; D. "sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal; E. "sado-masochistic abuse" means flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained; F. "harmful to minors" means that quality of any description of representation, in whatever form, of nudity, sexual conduct, sexual excitement or sado-masochistic abuse, when it: (1) predominantly appeals to the prurient, shameful or morbid interest of minors; and (2) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and (3) is utterly without redeeming social importance for minors; and G. "knowingly" means having general knowledge of, or reason to know, or a belief or reasonable ground for belief which warrants further inspection or inquiry or both, of: (1) the character and content of any material described herein, which is reasonably susceptible of examination by the defendant; (2) the age of the minor.

[4]  30-37-2.1. Offenses; retail display. A. It is unlawful for any person, offering for sale in a retail establishment open to the general public any book, magazine or other printed material the cover of which depicts nudity, sadomasochistic abuse, sexual conduct or sexual excitement and which is harmful to minors, to knowingly exhibit that book, magazine or material in that establishment in such a way that it is on open display to, or within the convenient reach of, minors who may frequent the retail establishment. Such books, magazines or printed materials may be displayed behind an opaque covering which conceals the depiction of nudity, sado-masochistic abuse, sexual conduct or sexual excitement, provided that those books, magazines or printed materials are not within the convenient reach of minors who may frequent the retail establishment. B. It is unlawful for any person, offering for sale in a retail establishment open to the general public any book, magazine or other printed material the content of which exploits, is devoted to or is principally made up of descriptions or depictions of nudity, sado-masochistic abuse, sexual conduct or sexual excitement and which are harmful to minors, to knowingly exhibit that book, magazine or material in that establishment in such a way that it is within the convenient reach of minors who may frequent the retail establishment.

[5]  30-6A-2. Definitions. As used in the Sexual Exploitation of Children Act [30-6A-1 NMSA 1978]: A. "prohibited sexual act" means: (1) sexual intercourse, including genital-genital, oral-genital, anal-genital or oral-anal, whether between persons of the same or opposite sex; (2) bestiality; (3) masturbation; (4) sadomasochistic abuse for the purpose of sexual stimulation; or (5) lewd and sexually explicit exhibition with a focus on the genitals or pubic area of any person for the purpose of sexual stimulation; B. "visual or print medium" means: (1) any film, photograph, negative, slide, computer diskette, videotape, videodisc or any computer or electronically generated imagery; or (2) any book, magazine or other form of publication or photographic reproduction containing or incorporating any film, photograph, negative, slide, computer diskette, videotape, videodisc or any computer generated or electronically generated imagery; C. "performed publicly" means performed in a place that is open to or used by the public; D. "manufacture" means the production, processing, copying by any means, printing, packaging or repackaging of any visual or print medium depicting any prohibited sexual act or simulation of such an act if one or more of the participants in that act is a child under eighteen years of age; and E. "obscene" means any material, when the content if taken as a whole: (1) appeals to a prurient interest in sex, as determined by the average person applying contemporary community standards; (2) portrays a prohibited sexual act in a patently offensive way; and (3) lacks serious literary, artistic, political or scientific value.

[6]  30-6A-3. Sexual exploitation of children. A. It is unlawful for a person to intentionally possess any obscene visual or print medium depicting any prohibited sexual act or simulation of such an act if that person knows or has reason to know that the obscene medium depicts any prohibited sexual act or simulation of such act and if that person knows or has reason to know that one or more of the participants in that act is a child under eighteen years of age. A person who violates the provisions of this subsection is guilty of a fourth degree felony. B. It is unlawful for a person to intentionally distribute any obscene visual or print medium depicting any prohibited sexual act or simulation of such an act if that person knows or has reason to know that the obscene medium depicts any prohibited sexual act or simulation of such act and if that person knows or has reason to know that one or more of the participants in that act is a child under eighteen years of age. A person who violates the provisions of this subsection is guilty of a third degree felony. C. It is unlawful for a person to intentionally cause or permit a child under eighteen years of age to engage in any prohibited sexual act or simulation of such an act if that person knows, has reason to know or intends that the act may be recorded in any obscene visual or print medium or performed publicly. A person who violates the provisions of this subsection is guilty of a third degree felony, unless the child is under the age of thirteen, in which event the person is guilty of a second degree felony. D. It is unlawful for a person to intentionally manufacture any obscene visual or print medium depicting any prohibited sexual act or simulation of such an act if one or more of the participants in that act is a child under eighteen years of age. A person who violates the provisions of this subsection is guilty of a second degree felony. E. It is unlawful for a person to intentionally manufacture any obscene visual or print medium depicting any prohibited sexual act or simulation of such an act if that person knows or has reason to know that the obscene medium depicts a prohibited sexual act or simulation of such an act and if that person knows or has reason to know that a real child under eighteen years of age, who is not a participant, is depicted as a participant in that act. A person who violates the provisions of this subsection is guilty of a fourth degree felony. F. It is unlawful for a person to intentionally distribute any obscene visual or print medium depicting any prohibited sexual act or simulation of such an act if that person knows or has reason to know that the obscene medium depicts a prohibited sexual act or simulation of such an act and if that person knows or has reason to know that a real child under eighteen years of age, who is not a participant, is depicted as a participant in that act. A person who violates the provisions of this subsection is guilty of a third degree felony. G. The penalties provided for in this section shall be in addition to those set out in Section 30-9-11 NMSA 1978.

[7]  30-37A-1. Unauthorized distribution of sensitive images; penalties. A. Unauthorized distribution of sensitive images consists of distributing, publishing or otherwise making available, by an electronic communications device or other means, sensitive images of a person, with or without information identifying that person, without that person's consent: (1) with the intent to: (a) harass, humiliate or intimidate that person; (b) incite another to harass, humiliate or intimidate that person; (c) cause that person to reasonably fear for that person's own or family members' safety; (d) cause that person to suffer unwanted physical contact or injury; or (e) cause that person to suffer substantial emotional distress; and (2) where the conduct is such that it would cause a reasonable person to suffer substantial emotional distress. B. For the purpose of this section: (1) "electronic communications device" means a computer, an internet web site or page, a video recorder, a digital camera, a fax machine, a telephone, a cellular telephone, a pager or any other device that can produce an electronically generated image, message or signal; (2) "information service" means a service offering the capability of generating, acquiring, storing, transforming, processing, publishing, retrieving, utilizing or making available information; (3) "interactive computer service" means any information service, system or access software provider that provides or enables computer access by multiple users; (4) "intimate act" has the same meaning as "sexual act", as that term is defined in Section 30-9-2 NMSA 1978; (5) "sensitive images" means images, photographs, videos or other likenesses depicting or simulating an intimate act or depicting any portion of a person's genitals, or of a woman's breast below the top of the areola, that is either uncovered or visible through less-than-fully opaque clothing, which images may reasonably be considered to be private, intimate or inappropriate for distribution or publication without that person's consent; and (6) "telecommunications provider" has the same meaning as set forth in Section 63-7-23 NMSA 1978. C. Whoever commits unauthorized distribution of sensitive images is guilty of a misdemeanor. Upon a second or subsequent conviction, the offender is guilty of a fourth degree felony. D. Nothing in this section shall be construed to impose liability on: (1) an interactive computer service, an information service or a telecommunications provider for content provided by another person; or (2) a person who reproduces, distributes, exhibits, publishes, transmits or otherwise disseminates content in furtherance of a legitimate public purpose, including the compilation or dissemination of news by newspapers and licensed broadcasters.

[8]  30-9-4. Promoting prostitution. Promoting prostitution consists of any person, acting other than as a prostitute or patron of a prostitute: A. knowingly establishing, owning, maintaining or managing a house of prostitution or a place where prostitution is practiced, encouraged or allowed, or participating in the establishment, ownership, maintenance or management thereof; B. knowingly entering into any lease or rental agreement for any premises which a person partially or wholly owns or controls, knowing that such premises are intended for use as a house of prostitution or as a place where prostitution is practiced, encouraged or allowed; C. knowingly procuring a prostitute for a house of prostitution or for a place where prostitution is practiced, encouraged or allowed; D. knowingly inducing another to become a prostitute; E. knowingly soliciting a patron for a prostitute or for a house of prostitution or for any place where prostitution is practiced, encouraged or allowed; F. knowingly procuring a prostitute for a patron and receiving compensation therefor; G. knowingly procuring transportation for, paying for the transportation of or transporting a person within the state with the intention of promoting that person's engaging in prostitution; H. knowingly procuring through promises, threats, duress or fraud any person to come into the state or causing a person to leave the state for the purpose of prostitution; or I. under pretense of marriage, knowingly detaining a person or taking a person into the state or causing a person to leave the state for the purpose of prostitution. Whoever commits promoting prostitution is guilty of a fourth degree felony.

[9]  30-9-2. Prostitution. Prostitution consists of knowingly engaging in or offering to engage in a sexual act for hire. As used in this section "sexual act" means sexual intercourse, cunnilingus, fellatio, masturbation of another, anal intercourse or the causing of penetration to any extent and with any object of the genital or anal opening of another, whether or not there is any emission. Whoever commits prostitution is guilty of a petty misdemeanor, unless such crime is a second or subsequent conviction, in which case such person is guilty of a misdemeanor.

[10]  30-52-1. Human trafficking. A. Human trafficking consists of a person knowingly: (1) recruiting, soliciting, enticing, transporting 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 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 that force, fraud or coercion was used to obtain the labor, services or commercial sexual activity. 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 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, 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. E. In a prosecution pursuant to this section, a human trafficking victim shall not be charged with accessory to the crime of human trafficking. 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 to any person; (b) using or threatening to use physical force against any person; (c) abusing or threatening to abuse the law or legal process; (d) threatening to report the immigration status of any person to governmental authorities; or (e) knowingly destroying, concealing, removing, confiscating or retaining any actual or purported government document of any person; and (2) "commercial sexual activity" means any sexual act or sexually explicit exhibition for which anything of value is given, promised to or received by any person.

[11] 30-37-7. Penalties.  A. A person violating Section 30-37-2, 30-37-2.1, 30-37-3 or 30-37-3.1 NMSA 1978 is guilty of a misdemeanor.  B. Any person violating the provisions of Section 30-37-6 NMSA 1978 shall be guilty of a petty misdemeanor.

[12]  The importance of uniform uniform is set forth under: 30-37-8. Uniform application. In order to provide for the uniform application of this act to all minors within this state, it is intended that the sole and only regulation of the sale, distribution or provision of any matter described in Section 2 [30-37-2 NMSA 1978], or admission to, or exhibition of, any performance described in Section 3 [30-37-3 NMSA 1978], shall be under this act, and no municipality, county or other governmental unit within this state shall make any law, ordinance or regulation relating to the sale, distribution or provision of any matter described in Section 2 [30-37-2 NMSA 1978], or admission to any performance described in Section 3 [30-37-3 NMSA 1978], including but not limited to criminal offenses, classification of suitable matter or performances for minors, or licenses or taxes respecting the sale, distribution, exhibition or provision of matter regulated under this act. All such laws, ordinances, regulations, taxes or licenses, whether enacted before or after this act, shall be or become void, unenforceable and of no effect upon the effective date of this act.

[13]   Utah already has a filter law but it got it all backwards consider this: § 76-10-1231. Data service providers -- Internet content harmful to minors. (1) (a) Upon request by a consumer, a service provider shall filter content to prevent the transmission of material harmful to minors to the consumer. (b) A service provider complies with Subsection (1)(a) if it uses a generally accepted and commercially reasonable method of filtering. (2) At the time of a consumer's subscription to a service provider's service, or at the time this section takes effect if the consumer subscribes to the service provider's service at the time this section takes effect, the service provider shall notify the consumer in a conspicuous manner that the consumer may request to have material harmful to minors blocked under Subsection (1). (3) (a) A service provider may comply with Subsection (1) by: (i) providing in-network filtering to prevent receipt of material harmful to minors, provided that the filtering does not affect or interfere with access to Internet content for consumers who do not request filtering under Subsection (1); or (ii) providing software, engaging a third party to provide software, or referring users to a third party that provides filtering software, by providing a clear and conspicuous hyperlink or written statement, for installation on the consumer's computer that blocks, in an easy-to-enable and commercially reasonable manner, receipt of material harmful to minors. (b) A service provider may charge a consumer for providing filtering under Subsection (3)(a). (4) If the attorney general determines that a service provider violates Subsection (1) or (2), the attorney general shall: (a) notify the service provider that the service provider is in violation of Subsection (1) or (2); and (b) notify the service provider that the service provider has 30 days to comply with the provision being violated or be subject to Subsection (5). (5) A service provider that intentionally or knowingly violates Subsection (1) or (2) is subject to a civil fine of $2,500 for each separate violation of Subsection (1) or (2), up to $10,000 per day. (6) A proceeding to impose a civil fine under Subsection (5) may only be brought by the attorney general in a court of competent jurisdiction. (7) (a) The Division of Consumer Protection within the Department of Commerce shall, in consultation with other entities as the Division of Consumer Protection considers appropriate, test the effectiveness of a service provider's system for blocking material harmful to minors under Subsection (1) at least annually. (b) The results of testing by the Division of Consumer Protection under Subsection (7)(a) shall be made available to: (i) the service provider that is the subject of the test; and (ii) the public. (c) The Division of Consumer Protection shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to fulfil its duties under this section.

[14]  Some funds will be earmarked to go to the families of law enforcement officers who are injured or killed in the line of duty; Some of these funds will be earmarked for scholarships for universities located within the state of New Mexico for outstanding character and honorable moral virtue to encourage the State’s duty to uphold the community standards of decency.

[15]    The legal idea behind this provision comes from Texas Code § 102.052. FEE BASED ON ADMISSIONS; RECORDS. (a) A fee is imposed on a sexually oriented business in an amount equal to $5 for each entry by each customer admitted to the business. (b) A sexually oriented business shall record daily in the manner required by the comptroller the number of customers admitted to the business. The business shall maintain the records for the period required by the comptroller and make the records available for inspection and audit on request by the comptroller. (c) This section does not require a sexually oriented business to impose a fee on a customer of the business. A business has discretion to determine the manner in which the business derives the money required to pay the fee imposed under this section. The Court’s upheld the Constitutionality of the sin tax on strip clubs in The Court’s upheld the Constitutionality of the sin tax on strip clubs in Combs v. Texas Entertainment Association, et al., 347 S.W.3d 277 (Sup. Ct. Tex. 2011).The case that justifies the $20 filter deactivation fee is Combs v. Texas Entertainment Association, et al., 347 S.W.3d 277 (Sup. Ct. Tex. 2011). In 2007, the Legislature enacted the Sexually Oriented Business Fee Act, requiring a business that offers live nude entertainment and allows the consumption of alcohol on its premises to remit to the state comptroller a $5 fee for each customer admitted. Respondents Karpod Inc., the operator of a sexually oriented business defined by the Act, and the Texas Entertainment Association, an association representing the interests of such businesses in Texas, sued the comptroller and the attorney general for declaratory and injunctive relief. The trial court rendered judgment declaring that the statute violates the First Amendment, permanently enjoining collection of the fee, and awarding respondents attorney's fees. A divided court of appeals affirmed. The fee is clearly directed not at expression in nude dancing but at the secondary effects of nude dancing when alcohol is being consumed. An adult entertainment business can avoid the fee altogether simply by not allowing alcohol to be consumed. The fee is not intended to suppress expression in nude dancing. The fee does not violate the First Amendment.

[16]  31-26-1. Short title. Chapter 31, Article 26 NMSA 1978 may be cited as the "Victims of Crime Act." 1-26-2. Purpose of act. Recognizing the state's concern for victims of crime, it is the purpose of the Victims of Crime Act [ 31-26-1 to 31-26-14 NMSA 1978] to assure that: A. the full impact of a crime is brought to the attention of a court; B. victims of violent crimes are treated with dignity, respect and sensitivity at all stages of the criminal justice process; C. victims' rights are protected by law enforcement agencies, prosecutors and judges as vigorously as are the rights of criminal defendants; and D. the provisions of Article 2, Section 24 of the constitution of New Mexico are implemented in statute.    31-26-3. Definitions. As used in the Victims of Crime Act [ 31-26-1 NMSA 1978]: A. "court" means magistrate court, metropolitan court, children's court, district court, the court of appeals or the supreme court; B. "criminal offense" means: (1) negligent arson resulting in death or bodily injury, as provided in Subsection B of Section 30-17-5 NMSA 1978; (2) aggravated arson, as provided in Section 30-17-6 NMSA 1978; (3) aggravated assault, as provided in Section 30-3-2 NMSA 1978; (4) aggravated battery, as provided in Section 30-3-5 NMSA 1978; (5) dangerous use of explosives, as provided in Section 30-7-5 NMSA 1978; (6) negligent use of a deadly weapon, as provided in Section 30-7-4 NMSA 1978; (7) murder, as provided in Section 30-2-1 NMSA 1978; (8) voluntary manslaughter, as provided in Section 30-2-3 NMSA 1978; (9) involuntary manslaughter, as provided in Section 30-2-3 NMSA 1978; (10) kidnapping, as provided in Section 30-4-1 NMSA 1978; (11) criminal sexual penetration, as provided in Section 30-9-11 NMSA 1978; (12) criminal sexual contact of a minor, as provided in Section 30-9-13 NMSA 1978; (13) armed robbery, as provided in Section 30-16-2 NMSA 1978; (14) homicide by vehicle, as provided in Section 66-8-101 NMSA 1978; (15) great bodily injury by vehicle, as provided in Section 66-8-101 NMSA 1978; (16) abandonment or abuse of a child, as provided in Section 30-6-1 NMSA 1978; (17) stalking or aggravated stalking, as provided in the Harassment and Stalking Act [ 30-3A-1 to 30-3A-4 NMSA 1978]; (18) aggravated assault against a household member, as provided in Section 30-3-13 NMSA 1978; (19) assault against a household member with intent to commit a violent felony, as provided in Section 30-3-14 NMSA 1978; (20) battery against a household member, as provided in Section 30-3-15 NMSA 1978; or (21) aggravated battery against a household member, as provided in Section 30-3-16 NMSA 1978; C. "court proceeding" means a hearing, argument or other action scheduled by and held before a court; D. "family member" means a spouse, child, sibling, parent or grandparent; E. "formally charged" means the filing of an indictment, the filing of a criminal information pursuant to a bind-over order, the filing of a petition or the setting of a preliminary hearing; F. "victim" means an individual against whom a criminal offense is committed. "Victim" also means a family member or a victim's representative when the individual against whom a criminal offense was committed is a minor, is incompetent or is a homicide victim; and G. "victim's representative" means an individual designated by a victim or appointed by the court to act in the best interests of the victim.  31-26-4. Victim's rights. A victim shall have the right to: A. be treated with fairness and respect for the victim's dignity and privacy throughout the criminal justice process; B. timely disposition of the case; C. be reasonably protected from the accused throughout the criminal justice process; D. notification of court proceedings; E. attend all public court proceedings the accused has the right to attend; F. confer with the prosecution; G. make a statement to the court at sentencing and at any post-sentencing hearings for the accused; H. restitution from the person convicted of the criminal offense that caused the victim's loss or injury; I. information about the conviction, sentencing, imprisonment, escape or release of the accused; J. have the prosecuting attorney notify the victim's employer, if requested by the victim, of the necessity of the victim's cooperation and testimony in a court proceeding that may necessitate the absence of the victim from work for good cause; K. promptly receive any property belonging to the victim that is being held for evidentiary purposes by a law enforcement agency or the prosecuting attorney, unless there are compelling evidentiary reasons for retention of the victim's property; and L. be informed by the court at a sentencing proceeding that the offender is eligible to earn meritorious deductions from the offender's sentence and the amount of meritorious deductions that may be earned by the offender.  31-26-5. Exercise of rights; requirements for victim. A victim may exercise his rights pursuant to the provisions of the Victims of Crime Act [ 31-26-1 to 31-26-14 NMSA 1978] only if he: A. reports the criminal offense within five days of the occurrence or discovery of the criminal offense, unless the district attorney determines that the victim had a reasonable excuse for failing to do so; B. provides the district attorney with current and updated information regarding the victim's name, address and telephone number; and C. fully cooperates with and fully responds to reasonable requests made by law enforcement agencies and district attorneys.  31-26-6. When rights and duties take effect; termination of rights and duties. The rights and duties established pursuant to the provisions of the Victims of Crime Act [ 31-26-1 to 31-26-14 NMSA 1978] take effect when an individual is formally charged by a district attorney for allegedly committing a criminal offense against a victim. Those rights and duties remain in effect until final disposition of the court proceedings attendant to the charged criminal offense.  31-26-7. Designation or appointment of victim's representative. A. A victim may designate a victim's representative to exercise all rights provided to the victim pursuant to the provisions of the Victims of Crime Act [ 31-26-1 to 31-26-14 NMSA 1978]. A victim may revoke his designation of a victim's representative at any time. B. When a victim is deceased, incompetent or unable to designate a victim's representative, the court may appoint a victim's representative for the victim. If a victim regains his competency, he may revoke the court's appointment of a victim's representative. C. When the victim is a minor, the victim's parent or grandparent may exercise the victim's rights; provided, that when the person accused of committing the criminal offense against the victim is the parent or grandparent of the victim, the court may appoint a victim's representative for the victim.  31-26-8. Procedures for providing victims with preliminary information; law enforcement agencies. The law enforcement agency that investigates a criminal offense shall: A. inform the victim of medical services and crisis intervention services available to victims; B. provide the victim with the police report number for the criminal offense and a copy of the following statement: "If within thirty days you are not notified of an arrest in your case, you may call (telephone number for the law enforcement agency) to obtain information on the status of your case."; and C. provide the victim with the name of the district attorney for the judicial district in which the criminal offense was committed and the address and telephone number for that district attorney's office.  31-26-9. Procedures for providing victims with notice of rights and information regarding prosecution of a criminal offense; district attorneys. A. Within seven working days after a district attorney files a formal charge against the accused for a criminal offense, the district attorney shall provide the victim of the criminal offense with: (1) a copy of Article 2, Section 24 of the constitution of New Mexico, regarding victims' rights; (2) a copy of the Victims of Crime Act [ 31-26-1 NMSA 1978]; (3) a copy of the charge filed against the accused for the criminal offense; (4) a clear and concise statement of the procedural steps generally involved in prosecuting a criminal offense; and (5) the name of a person within the district attorney's office whom the victim may contact for additional information regarding prosecution of the criminal offense. B. The district attorney's office shall provide the victim with oral or written notice, in a timely fashion, of a scheduled court proceeding attendant to the criminal offense.  31-26-10. Procedures for providing victims with notice of a court proceeding; courts; district attorneys. A court shall provide a district attorney's office with oral or written notice no later than seven working days prior to a scheduled court proceeding attendant to a criminal offense, unless a shorter notice period is reasonable under the circumstances. The district attorney's office shall convey the information concerning the scheduled court proceeding to the victim, as provided in Subsection B of Section 9 [ 31-26-9 NMSA 1978] of the Victims of Crime Act.  31-26-10.1. Crime victim presence at court proceedings; plea agreement notification. A. At any scheduled court proceeding, the court shall inquire on the record whether a victim is present for the purpose of making an oral statement or submitting a written statement respecting the victim's rights enumerated in Section 31-26-4 NMSA 1978. If the victim is not present, the court shall inquire on the record whether an attempt has been made to notify the victim of the proceeding. If the district attorney cannot verify that an attempt has been made, the court shall: (1) reschedule the hearing; or (2) continue with the hearing but reserve ruling until the victim has been notified and given an opportunity to make a statement; and (3) order the district attorney to notify the victim of the rescheduled hearing. B. The provisions of this section shall not limit the district attorney's ability to exercise prosecutorial discretion on behalf of the state in a criminal case. C. The provisions of this section shall not require the court to continue or reschedule any proceedings if it would result in a violation of a jurisdictional rule.  31-26-10.1. Crime victim presence at court proceedings; plea agreement notification. A. At any scheduled court proceeding, the court shall inquire on the record whether a victim is present for the purpose of making an oral statement or submitting a written statement respecting the victim's rights enumerated in Section 31-26-4 NMSA 1978. If the victim is not present, the court shall inquire on the record whether an attempt has been made to notify the victim of the proceeding. If the district attorney cannot verify that an attempt has been made, the court shall: (1) reschedule the hearing; or (2) continue with the hearing but reserve ruling until the victim has been notified and given an opportunity to make a statement; and (3) order the district attorney to notify the victim of the rescheduled hearing. B. The provisions of this section shall not limit the district attorney's ability to exercise prosecutorial discretion on behalf of the state in a criminal case. C. The provisions of this section shall not require the court to continue or reschedule any proceedings if it would result in a violation of a jurisdictional rule.  31-26-11. Procedures when an inmate or delinquent child escapes; corrections department; children, youth and families department. A. The corrections department or the children, youth and families department shall immediately notify the sentencing judge or the children's court judge, the district attorney of the judicial district from which the inmate or delinquent child was committed and the probation officer who authored the presentence report when an inmate or delinquent child: (1) escapes from a correctional facility or juvenile justice facility under the jurisdiction of the corrections department or the children, youth and families department; or (2) convicted in New Mexico of a capital, first degree or second degree felony and transferred to a facility under the jurisdiction of another state escapes from that facility. B. The district attorney shall immediately notify any person known to reside in his district who was a victim of the criminal or delinquent offense for which the inmate or delinquent child was committed.  31-26-12. Procedures when an inmate is released from incarceration; adult parole board; corrections department; procedures when a delinquent child is released from custody; juvenile parole board; children, youth and families department; district attorneys. A. The adult parole board and the juvenile parole board shall provide a copy of their respective regular release dockets to each district attorney in the state at least ten working days before the docket is considered by the board. The district attorney shall notify any person known to reside in his district who was a victim of the criminal offense for which the inmate was incarcerated or the delinquent child was committed. B. The adult parole board and the juvenile parole board shall provide a copy of a supplemental, addendum or special docket to each district attorney at least five working days before the release docket is considered by the board. C. Following consideration of a release docket by the adult parole board or the juvenile parole board, each board shall promptly notify each district attorney of any recommendations adopted by the board for release of an inmate from incarceration or a delinquent child from custody. The district attorney shall notify any person known to reside in his district who was a victim of the criminal offense for which the inmate was incarcerated or the delinquent child was committed. D. In the case of an inmate scheduled to be released from incarceration without parole or prior to parole for any reason, or a delinquent child scheduled to be released from custody, the corrections department or the children, youth and families department shall notify each district attorney at least fifteen working days before the inmate's or delinquent child's release. The district attorney shall notify any person known to reside in his district who was a victim of the criminal offense for which the inmate was incarcerated or the delinquent child was committed.   31-26-13. Disclaimer. Nothing in the Victims of Crime Act [ 31-26-1 to 31-26-14 NMSA 1978] creates a cause of action on behalf of a person against a public employer, public employee, public agency, the state or any agency responsible for the enforcement of rights or provision of services set forth in that act.  31-26-14. Effect of noncompliance. A person accused or convicted of a crime against a victim shall have no standing to object to any failure by any person to comply with the provisions of the Victims of Crime Act [ 31-26-1 to 31-26-14 NMSA 1978].

[17]  30-52-3. Temporary provision; task force to combat human trafficking; membership; duties. (Terminated effective July 1, 2016.) A. The "task force to combat human trafficking" is created. The task force shall consist of the following members: (1) the attorney general or the attorney general's designee; (2) the secretary of health or the secretary's designee; (3) the secretary of children, youth and families or the secretary's designee; (4) the secretary of public safety or the secretary's designee; (5) the chief public defender or the chief public defender's designee; (6) a representative from the New Mexico district attorneys association; (7) representatives of local law enforcement and state police from critical geographic areas of New Mexico affected by immigrant issues and human trafficking problems; and (8) representatives from organizations that provide services to victims of human trafficking, including immigrants and immigrant victims of sexual assault and domestic violence. B. The task force shall: (1) collaborate with the United States attorney for the district of New Mexico, the United States border patrol and the United States immigration and customs enforcement to carry out the duties of the task force; (2) collect and organize data on the nature and extent of human trafficking in New Mexico; (3) monitor and evaluate the implementation of this 2008 act, including the progress of federal, state and local law enforcement agencies in preventing human trafficking, protecting and providing assistance to victims of human trafficking and prosecuting human trafficking offenders; (4) develop and conduct training for law enforcement personnel and victims services providers to identify victims of human trafficking; (5) examine the training protocols developed by federal, state and local law enforcement agencies related to dealing with human trafficking victims and offenders; (6) assist in coordinating federal, state and local government agencies in the implementation of this 2008 act; (7) implement a media awareness campaign in communities affected by human trafficking; (8) develop recommendations on how to strengthen state and local efforts to prevent human trafficking, protect and assist human trafficking victims and prosecute human trafficking offenders; and (9) submit an annual report of its activities, findings and recommendations, including any proposed legislation, in December of each year to the governor and the legislature. C. The chair of the task force shall be the attorney general or the attorney general's designee, and the task force shall meet at the call of the chair. D. The public members of the task force are entitled to per diem and mileage as provided in the Per Diem and Mileage Act [10-8-1 NMSA 1978] and shall receive no other perquisite, compensation or allowance. E. The attorney general shall provide the staff for the task force. F. The task force to combat human trafficking is terminated on July 1, 2016.

[18]   Pennsylvania has a statute on grants to non-government human trafficking groups that could be copied.  See Pennsylvania Code § 3031. Grants. Subject to the availability of funds, the commission shall make grants to State agencies, units of local government and nongovernmental organizations to: (1) Develop, expand or strengthen programs for victims of human trafficking. Such programs may include: (i) Health services, including mental health services. (ii) Temporary and permanent housing placement. (iii) Legal and immigration services. (iv) Employment placement, education and training. (2) Ensure prevention of human trafficking, including increasing public awareness. (3) Ensure protection of victims of human trafficking, including training of first responders.

[19]  18 U.S. Code § 2258A:  (a) Duty To Report.— (1)In general.—Whoever, while engaged in providing an electronic communication service or a remote computing service to the public through a facility or means of interstate or foreign commerce, obtains actual knowledge of any facts or circumstances described in paragraph (2) shall, as soon as reasonably possible— (A) provide to the CyberTipline of the National Center for Missing and Exploited Children, or any successor to the CyberTipline operated by such center, the mailing address, telephone number, facsimile number, electronic mail address of, and individual point of contact for, such electronic communication service provider or remote computing service provider; and (B) make a report of such facts or circumstances to the CyberTipline, or any successor to the CyberTipline operated by such center. (2)Facts or circumstances.—The facts or circumstances described in this paragraph are any facts or circumstances from which there is an apparent violation of— (A) section 2251, 2251A, 2252, 2252A, 2252B, or 2260 that involves child pornography; or (B) section 1466A. (b)Contents of Report.—To the extent the information is within the custody or control of an electronic communication service provider or a remote computing service provider, the facts and circumstances included in each report under subsection (a)(1) may include the following information: (1)Information about the involved individual.— Information relating to the identity of any individual who appears to have violated a Federal law described in subsection (a)(2), which may, to the extent reasonably practicable, include the electronic mail address, Internet Protocol address, uniform resource locator, or any other identifying information, including self-reported identifying information. (2)Historical reference.— Information relating to when and how a customer or subscriber of an electronic communication service or a remote computing service uploaded, transmitted, or received apparent child pornography or when and how apparent child pornography was reported to, or discovered by the electronic communication service provider or remote computing service provider, including a date and time stamp and time zone. (3) Geographic location information.— (A)In general.— Information relating to the geographic location of the involved individual or website, which may include the Internet Protocol address or verified billing address, or, if not reasonably available, at least 1 form of geographic identifying information, including area code or zip code. (B)Inclusion.— The information described in subparagraph (A) may also include any geographic information provided to the electronic communication service or remote computing service by the customer or subscriber. (4)Images of apparent child pornography.— Any image of apparent child pornography relating to the incident such report is regarding. (5)Complete communication.—The complete communication containing any image of apparent child pornography, including— (A) any data or information regarding the transmission of the communication; and (B) any images, data, or other digital files contained in, or attached to, the communication. (c) Forwarding of Report to Law Enforcement.— (1)In general.— The National Center for Missing and Exploited Children shall forward each report made under subsection (a)(1) to any appropriate law enforcement agency designated by the Attorney General under subsection (d)(2). (2)State and local law enforcement.— The National Center for Missing and Exploited Children may forward any report made under subsection (a)(1) to an appropriate law enforcement official of a State or political subdivision of a State for the purpose of enforcing State criminal law. (3) Foreign law enforcement.— (A)In general.— The National Center for Missing and Exploited Children may forward any report made under subsection (a)(1) to any appropriate foreign law enforcement agency designated by the Attorney General under subsection (d)(3), subject to the conditions established by the Attorney General under subsection (d)(3). (B)Transmittal to designated federal agencies.—If the National Center for Missing and Exploited Children forwards a report to a foreign law enforcement agency under subparagraph (A), the National Center for Missing and Exploited Children shall concurrently provide a copy of the report and the identity of the foreign law enforcement agency to— (i) the Attorney General; or (ii) the Federal law enforcement agency or agencies designated by the Attorney General under subsection (d)(2). (d) Attorney General Responsibilities.— (1)In general.— The Attorney General shall enforce this section. (2)Designation of federal agencies.— The Attorney General shall designate promptly the Federal law enforcement agency or agencies to which a report shall be forwarded under subsection (c)(1). (3)Designation of foreign agencies.—The Attorney General shall promptly— (A) in consultation with the Secretary of State, designate the foreign law enforcement agencies to which a report may be forwarded under subsection (c)(3); (B) establish the conditions under which such a report may be forwarded to such agencies; and (C) develop a process for foreign law enforcement agencies to request assistance from Federal law enforcement agencies in obtaining evidence related to a report referred under subsection (c)(3). (4)Reporting designated foreign agencies.— The Attorney General shall maintain and make available to the Department of State, the National Center for Missing and Exploited Children, electronic communication service providers, remote computing service providers, the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives a list of the foreign law enforcement agencies designated under paragraph (3). (5)Sense of congress regarding designation of foreign agencies.—It is the sense of Congress that— (A) combating the international manufacturing, possession, and trade in online child pornography requires cooperation with competent, qualified, and appropriately trained foreign law enforcement agencies; and (B) the Attorney General, in cooperation with the Secretary of State, should make a substantial effort to expand the list of foreign agencies designated under paragraph (3). (6)Notification to providers.—If an electronic communication service provider or remote computing service provider notifies the National Center for Missing and Exploited Children that the electronic communication service provider or remote computing service provider is making a report under this section as the result of a request by a foreign law enforcement agency, the National Center for Missing and Exploited Children shall— (A) if the Center forwards the report to the requesting foreign law enforcement agency or another agency in the same country designated by the Attorney General under paragraph (3), notify the electronic communication service provider or remote computing service provider of— (i) the identity of the foreign law enforcement agency to which the report was forwarded; and (ii) the date on which the report was forwarded; or (B) notify the electronic communication service provider or remote computing service provider if the Center declines to forward the report because the Center, in consultation with the Attorney General, determines that no law enforcement agency in the foreign country has been designated by the Attorney General under paragraph (3). (e)Failure To Report.—An electronic communication service provider or remote computing service provider that knowingly and willfully fails to make a report required under subsection (a)(1) shall be fined— (1) in the case of an initial knowing and willful failure to make a report, not more than $150,000; and (2) in the case of any second or subsequent knowing and willful failure to make a report, not more than $300,000. (f)Protection of Privacy.—Nothing in this section shall be construed to require an electronic communication service provider or a remote computing service provider to— (1) monitor any user, subscriber, or customer of that provider; (2) monitor the content of any communication of any person described in paragraph (1); or (3) affirmatively seek facts or circumstances described in sections (a) and (b). (g) Conditions of Disclosure Information Contained Within Report.— (1)In general.— Except as provided in paragraph (2), a law enforcement agency that receives a report under subsection (c) shall not disclose any information contained in that report. (2) Permitted disclosures by law enforcement.— (A)In general.—A law enforcement agency may disclose information in a report received under subsection (c)— (i) to an attorney for the government for use in the performance of the official duties of that attorney; (ii) to such officers and employees of that law enforcement agency, as may be necessary in the performance of their investigative and recordkeeping functions; (iii) to such other government personnel (including personnel of a State or subdivision of a State) as are determined to be necessary by an attorney for the government to assist the attorney in the performance of the official duties of the attorney in enforcing Federal criminal law; (iv) if the report discloses a violation of State criminal law, to an appropriate official of a State or subdivision of a State for the purpose of enforcing such State law; (v) to a defendant in a criminal case or the attorney for that defendant, subject to the terms and limitations under section 3509(m) or a similar State law, to the extent the information relates to a criminal charge pending against that defendant; (vi) subject to subparagraph (B), to an electronic communication service provider or remote computing provider if necessary to facilitate response to legal process issued in connection to a criminal investigation, prosecution, or post-conviction remedy relating to that report; and (vii) as ordered by a court upon a showing of good cause and pursuant to any protective orders or other conditions that the court may impose. (B) Limitations.— (i)Limitations on further disclosure.— The electronic communication service provider or remote computing service provider shall be prohibited from disclosing the contents of a report provided under subparagraph (A)(vi) to any person, except as necessary to respond to the legal process. (ii)Effect.— Nothing in subparagraph (A)(vi) authorizes a law enforcement agency to provide child pornography images to an electronic communications service provider or a remote computing service. (3)Permitted disclosures by the national center for missing and exploited children.—The National Center for Missing and Exploited Children may disclose information received in a report under subsection (a) only— (A) to any Federal law enforcement agency designated by the Attorney General under subsection (d)(2); (B) to any State, local, or tribal law enforcement agency involved in the investigation of child pornography, child exploitation, kidnapping, or enticement crimes; (C) to any foreign law enforcement agency designated by the Attorney General under subsection (d)(3); and (D) to an electronic communication service provider or remote computing service provider as described in section 2258C. (h) Preservation.— (1)In general.— For the purposes of this section, the notification to an electronic communication service provider or a remote computing service provider by the CyberTipline of receipt of a report under subsection (a)(1) shall be treated as a request to preserve, as if such request was made pursuant to section 2703(f). (2)Preservation of report.— Pursuant to paragraph (1), an electronic communication service provider or a remote computing service shall preserve the contents of the report provided pursuant to subsection (b) for 90 days after such notification by the CyberTipline. (3)Preservation of commingled images.— Pursuant to paragraph (1), an electronic communication service provider or a remote computing service shall preserve any images, data, or other digital files that are commingled or interspersed among the images of apparent child pornography within a particular communication or user-created folder or directory. (4)Protection of preserved materials.— An electronic communications service or remote computing service preserving materials under this section shall maintain the materials in a secure location and take appropriate steps to limit access by agents or employees of the service to the materials to that access necessary to comply with the requirements of this subsection. (5)Authorities and duties not affected.— Nothing in this section shall be construed as replacing, amending, or otherwise interfering with the authorities and duties under section 2703.