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.

History: 1953 Comp., § 40A-9-11, enacted by Laws 1963, ch. 303, § 9-11; 1981, ch. 233, § 1; 1989, ch. 132, § 1.

The 1989 amendment, effective June 16, 1989, substituted "a sexual act" for "sexual penetration" in the first and second paragraphs, and inserted "masturbation of another" in the second paragraph.

Constitutionality. — This section does not violate the equal protection clause of the fourteenth amendment of the United States constitution or the equal rights amendment of the New Mexico constitution. State v. Sandoval, 1982-NMCA-091, 98 N.M. 417, 649 P.2d 485.

"Masturbation" construed. — A jury instruction defining masturbation to include erotic stimulation of the genital organs by the alternative means of "sexual fantasies" extended the scope of criminal conduct prohibited by this section and constituted reversible error. State v. Mayfield, 1995-NMCA-077, 120 N.M. 198, 900 P.2d 358.

Possession of woman for unlawful purposes. — The having in possession of a woman for purposes of unlawful sexual intercourse was criminal. State v. Chenault, 1915-NMSC-024, 20 N.M. 181, 147 P. 283 (decided under prior law).

Law reviews. — For symposium, "The Impact of the Equal Rights Amendment on the New Mexico Criminal Code," see 3 N.M.L. Rev. 106 (1973).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 63A Am. Jur. 2d Prostitution §§ 1 to 30.

Entrapment defense in sex offense prosecutions, 12 A.L.R.4th 413.

Laws prohibiting or regulating "escort services," "outcall entertainment" or similar services used to carry on prostitution, 15 A.L.R.5th 900.

73 C.J.S. Prostitution and Related Offenses §§ 2 to 20.