Definitions of Human Trafficking - New Mexico

Defined in Child Protection Law

Citation: Ann. Stat. § 32A-4-2

The term 'abused child' includes a child who has suffered sexual abuse or sexual exploitation inflicted by the child's parent, guardian, or custodian.

The term 'sexual abuse' includes, but is not limited to, criminal sexual contact, incest, or criminal sexual penetration, as those acts are defined by State law. 'Sexual exploitation' includes, but is not limited to, the following:

• Allowing, permitting, or encouraging a child to engage in prostitution
• Allowing, permitting, encouraging, or engaging a child in obscene or pornographic photographing
• Filming or depicting a child for obscene or pornographic commercial purposes

Definitions of Labor Trafficking

Citation: Ann. Stat. § 30-52-1

'Human trafficking' consists of a person knowingly doing the following:

• 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 or services
• Benefiting, financially or by receiving anything of value, from the labor or services of another person with the knowledge that force, fraud, or coercion was used to obtain the labor or services

The term 'coercion' means the following:

• Causing or threatening to cause harm to any person
• Using or threatening to use physical force against any person
• Abusing or threatening to abuse the law or legal process
• Threatening to report the immigration status of any person to government authorities
• Knowingly destroying, concealing, removing, confiscating, or retaining any actual or purported government document of any person

Definitions of Sex Trafficking of Minors

Citation: Ann. Stat. § 30-52-1

'Human trafficking' consists of a person knowingly doing the following:

• 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 commercial sexual activity
• Recruiting, soliciting, enticing, transporting, or obtaining by any means a person younger than age 18 with the intent or knowledge that the person will be caused to engage in commercial sexual activity
• Benefiting, financially or by receiving anything of value, from the commercial sexual activity of another person with the knowledge that force, fraud, or coercion was used to obtain the commercial sexual activity

Whoever commits human trafficking is guilty of a third-degree felony, except as follows:

• If the victim is younger than age 16, the person is guilty of a second-degree felony.
• If the victim is younger than age 13, the person is guilty of a first-degree felony.

The term '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.