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Committee adopts amendments expanding 'criminal sexual contact' definition to include groping of clothed victims

5724021 · March 19, 2025
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Summary

The Senate Judiciary Committee approved amendments to House Bill 87 to expand the definition of criminal sexual contact to include touching of clothed persons and to add intent elements drawn from the New Mexico Uniform Jury Instructions (UJI 14-132). The amended bill was given a do-pass recommendation.

Sponsor representatives told the committee House Bill 87 would amend the statutory definition of "criminal sexual contact." The bill's change would make it criminal contact regardless of whether the victim was unclothed and would add an intent element aligning the statute with the New Mexico Uniform Jury Instructions (UJI 14-132): conduct must be with the intent to arouse or gratify sexual desire, or to intrude upon the bodily integrity or personal safety of the victim, or for any other unlawful purpose.

The sponsor explained that House Judiciary had already added the intent language and the amendment before the Senate committee restored additional UJI language that clarified unlawful purpose and bodily integrity language. Committee members asked whether the amendment merely added to existing language or struck and replaced paragraphs; sponsors clarified it adds the UJI elements and removes earlier exceptions in the statute that dated back to older law.

Senators discussed degree levels (misdemeanor vs. felony) and how force or coercion that results in personal injury carries higher degrees. The sponsor said the amendment clarifies and harmonizes statutory language with the statewide jury instruction and cleans up exceptions dating to prior law.

The committee adopted the amendment and then voted to pass HB87 as amended.