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 generally includes aggravating circumstances that increase the severity of the sexual assault—such as when the assailant or perpetrator uses, displays, or threatens the victim with a deadly weapon (a gun or knife); when the assailant uses a rape drug to incapacitate the victim; or when the victim is a child under a certain age, as defined by the statute.

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 commission of a sexual act, including vaginal, anal, or oral intercourse, without the victim's consent. Aggravated circumstances that elevate the offense to aggravated sexual assault include the use of a deadly weapon, causing bodily harm, or committing the act in a manner that is likely to cause death or great bodily harm. Additionally, if the victim is given a date rape drug or if the victim is a child, the severity of the offense increases. The age of the child and other specific circumstances can further define the severity of the crime and the associated penalties. New Mexico law provides for serious penalties for sexual assault, which can include lengthy prison sentences, and the penalties are more severe for aggravated sexual assault. It is important for individuals facing such charges to seek the counsel of an attorney who is knowledgeable in New Mexico's specific laws and statutes regarding sexual assault and aggravated sexual assault.