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Committee updates criminal‑contact law to cover nonconsensual touching whether clothed or unclothed; adds intent element
Summary
Lawmakers approved changes to the criminal‑contact statute to remove a clothing‑based limit: the committee adopted amendments to classify nonconsensual touching of intimate parts—clothed or unclothed—as criminal if done with intent to arouse or gratify sexual desire, and recommended a do‑pass on House Bill 87.
The House Judiciary Committee advanced House Bill 87, which amends the state’s criminal‑contact statute to make nonconsensual touching of intimate parts unlawful whether the victim is clothed or unclothed, and adds an intent requirement tied to sexual arousal or gratification.
Sponsors told the committee the existing statute had not been updated since 1993 and that current language could exclude harmful conduct when the victim was clothed. Supporters said the change brings statute into alignment with modern understandings of sexual assault and victim harm. “This section of law has not been updated since 1993,” a sponsor said, urging the change to better protect people from predators regardless of clothing.
The committee adopted two targeted amendments in committee. One inserted language on page 1, line 21 specifying the offense must be committed “with intent to arouse or gratify sexual desire,” and another made clear that the prohibition applies to touching a person’s clothed or unclothed intimate parts. Witnesses from advocacy organizations, including the New Mexico Coalition of Sexual Assault Programs, said the change clarified the scope of criminal contact and would help survivors access accountability.
Lawmakers questioned scenarios such as nonsexual contact in sports and the practical effect of a lifetime registry for certain convictions. Representative McQueen and Representative Reeb raised concerns about overbreadth and urged tightening language so the statute targets sexual‑gratification conduct rather than benign physical contact. The sponsor agreed to and the committee adopted language limiting the covered conduct to actions done for sexual arousal or gratification.
After adopting the amendments, the committee voted to recommend a do‑pass on House Bill 87 (twice amended). The clerk announced a due pass on the bill as amended; a roll call recorded unanimous yes votes in the transcript excerpt.
