Santa Fe, NM – Bipartisan legislation to close New Mexico’s child pornography loophole passed the House Floor today on a 60-2 vote. The bill is sponsored by Representatives Sarah Maestas Barnes (R – Bernalillo), Randal Crowder (R – Curry) and Javier Martinez (D – Bernalillo).
“Every image of child pornography represents a child that has been abused, victimized and exploited,” said Maestas Barnes. “It’s unacceptable for us to continue to leave our children vulnerable to predators and this heinous industry. I hope the Senate will do the right thing for our children and pass this important bill. Our children deserve it and are depending on us to provide these protections.”
Under current law, an individual possessing multiple images of child pornography can only be charged with a maximum of one count of possession. A person possessing 100,000 images of child pornography is treated the same as a person possessing one image. HB 65 would strengthen the current statute to give prosecutors the option of prosecuting individuals for each image or depiction of child pornography in their possession.
The bill allows prosecutors to use their discretion in charging violators based on the nature of the images, sexual abuse depicted, and volume of the collection. The bill also includes a provision requiring mandatory incarceration and sex offender registration for individuals found guilty of possessing child pornography depicting children under the age of 13.
The legislators introduced a similar bill during the 2015 Legislative Session. The bipartisan effort was supported by Attorney General Hector Balderas and Governor Susana Martinez. It unanimously passed the New Mexico House of Representatives but died in the New Mexico Senate Public Affairs Committee.
