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Criminal charges

aggravated sexual assault of child

Sexual assault is generally forced sexual intercourse, sodomy, or other sexual penetration of another person—against the person’s will and without the person’s consent. And although precise definitions and punishments vary from state to state, the criminal offense of aggravated sexual assault of a child includes the aggravating circumstance of the victim being a child under a certain age, as defined by the statute—which increases the severity of the crime.

In New Mexico, sexual assault, often referred to as criminal sexual penetration, is defined under NM Stat § 30-9-11 (2021) as the unlawful and forced sexual intercourse, sodomy, or other sexual penetration without the victim's consent. Consent is not considered valid if it is obtained through coercion, force, or if the victim is incapable of giving consent due to mental disorder, developmental disability, or physical incapacity. Aggravated sexual assault of a child is a more severe offense and is characterized by circumstances such as the victim being under a certain age, typically 13 years old in New Mexico, or when the perpetrator is in a position of authority over the child. The penalties for sexual assault can range from a second-degree felony to a first-degree felony for aggravated cases, with the latter carrying more severe punishments, including longer prison sentences. The specific age of the child and the nature of the offense can lead to variations in charges and sentencing.

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Criminal charges

aggravated sexual assault of child

Individual & Family Legal Plan

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Criminal charges

aggravated sexual assault of child

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