A person generally commits the crime of prostitution by engaging in sexual contact or offering to engage in sexual contact in exchange for money or other consideration.

It is also a criminal offense to solicit (on a person's own behalf, or on behalf of another person), promote, or compel prostitution. For example, most states have laws that make it illegal to buy, sell, or profit from prostitution—which is generally the business of pimps and other human traffickers—known as pimping, pandering, procuring, soliciting, promoting, or compelling prostitution.

Prostitution laws vary from state to state and are generally located in a state’s statutes—often in the penal or criminal code.

In New Mexico (NM), prostitution is illegal and is defined as knowingly engaging in or offering to engage in a sexual act for hire. Under New Mexico Statutes Annotated (NMSA) 30-9-2, prostitution is considered a petty misdemeanor for the first offense and a misdemeanor for subsequent offenses. Solicitation of prostitution, which includes requesting, encouraging, or demanding someone to engage in prostitution, is also illegal. The law applies to both the person offering sexual services for compensation and the person attempting to purchase such services. Additionally, promoting prostitution, which can include activities such as pimping, pandering, or running a prostitution enterprise, is a more serious offense and can be charged as a fourth-degree felony under NMSA 30-9-3. This includes profiting from the prostitution of another, inducing someone to become a prostitute, or owning, controlling, or managing a prostitution enterprise. The severity of the charges and penalties can increase depending on the circumstances, such as if the offense involves minors or if it is part of a larger human trafficking operation.