The criminal offense of sexual assault generally involves forced sexual intercourse, sodomy, or other sexual penetration of another person—against the person’s will and without the person’s consent.

Sexual assault laws vary from state to state, and in some states the traditional criminal offense of rape is defined as the criminal offense of sexual assault. In some states the touching, groping, or pinching of the body of another person without the person’s consent and for purposes of sexual gratification is defined as sexual assault—and in other states such nonconsensual sexual contact is defined as the criminal offense of sexual battery or forcible touching, for example.

Sexual assault and related criminal offenses are generally located in a state’s statutes—often in the penal or criminal code.

In New Mexico, the criminal offense of sexual assault is addressed under the state's criminal statutes, specifically within the New Mexico Statutes Annotated (NMSA) 1978, Chapter 30, Article 9, which covers criminal sexual penetration and criminal sexual contact. Criminal sexual penetration, which may be analogous to rape in other jurisdictions, involves the unlawful and forced sexual intercourse, sodomy, or other sexual penetration against the victim's will or when the victim is incapable of giving consent. Criminal sexual contact of a minor, as defined in NMSA 1978, Section 30-9-13, involves the unlawful and intentional touching of a minor's intimate parts, or the unlawful and intentional causing of a minor to touch the perpetrator's intimate parts, for the purpose of sexual gratification, when the minor is under the age of 18. The severity of the offense and the associated penalties can vary based on factors such as the age of the victim, the use of force or coercion, and the perpetrator's criminal history. It is important for individuals facing such charges to consult with an attorney who is knowledgeable in New Mexico's specific sexual assault laws to understand the charges and potential defenses.