Indecent dancing consists of a person knowingly and intentionally exposing his intimate parts to public view while dancing or performing in a licensed liquor establishment. "Intimate parts" means the mons pubis, penis, testicles, mons veneris, vulva, female breast or vagina. As used in this section, "female breast" means the areola, and "exposing" does not include any act in which the intimate part is covered by any nontransparent material.

Whoever commits indecent dancing is guilty of a petty misdemeanor.

A liquor licensee, his transferee or their lessee or agent who allows indecent dancing on the licensed premises is guilty of a petty misdemeanor and his license may be suspended or revoked pursuant to the provisions of the Liquor Control Act [60-3A-1 NMSA 1978].

History: Laws 1979, ch. 403, § 1; 1981, ch. 41, § 1.

Constitutionality. — The state's regulatory power under the twenty-first amendment outweighs any first amendment interest in nude dancing and therefore this section is constitutional insofar as it applies to the prohibition of indecent dancing in licensed liquor establishments. Nall v. Baca, 1980-NMSC-138, 95 N.M. 783, 626 P.2d 1280.

Law reviews. — For note, "Constitutional Law - Regulating Nude Dancing in Liquor Establishments - The Preferred Position of the Twenty-First Amendment - Nall v. Baca," see 12 N.M.L. Rev. 611 (1982).

Am. Jur. 2d, A.L.R. and C.J.S. references. — Topless or bottomless dancing or similar conduct as offense, 49 A.L.R.3d 1084.

What constitutes "public place" within meaning of statutes prohibiting commission of sexual act in public place, 96 A.L.R.3d 692.