CHAPTER 30. CRIMINAL OFFENSES
ARTICLE 52. VOYEURISM
N.M. Stat. Ann. § 30-52-1 (2007)
THE PLACEMENT OF THIS SECTION IS NOT FINAL. THIS SECTION NUMBER HAS BEEN ASSIGNED BY THE PUBLISHER, PENDING FURTHER INFORMATION FROM THE STATE. UNTIL PLACEMENT IS FINAL, THIS SECTION SHOULD BE REFERENCED BY ITS SESSION LAWS CITATION, FOUND IN THE LEGISLATIVE HISTORY FOLLOWING THE TEXT.
§ 30-52-1. Voyeurism prohibited; penalties
A. Voyeurism consists of intentionally using the unaided eye to view or intentionally using an instrumentality to view, photograph, videotape, film, webcast or record the intimate areas of another person without the knowledge and consent of that person:
(1) while the person is in the interior of a bedroom, bathroom, changing room, fitting room, dressing room or tanning booth or the interior of any other area in which the person has a reasonable expectation of privacy; or
(2) under circumstances where the person has a reasonable expectation of privacy, whether in a public or private place.
B. Whoever commits voyeurism is guilty of a misdemeanor, except if the victim is less than eighteen years of age, the offender is guilty of a fourth degree felony.
C. As used in this section:
(1) "intimate areas" means the primary genital area, groin, buttocks, anus or breasts or the undergarments that cover those areas; and
(2) "instrumentality" means a periscope, telescope, binoculars, camcorder, computer, motion picture camera, digital camera, telephone camera, photographic camera or electronic device of any type.