Summary:

 House Bill 87 (HB 87) amends the crime of criminal sexual contact by removing the requirement that the non-consensual touching be to an unclothed intimate part. 

Legislation Overview:

 House Bill 87 (HB 87) amends Section 30-9-12 NMSA 1978, the crime of criminal sexual contact of a person over the age of 18.  The bill removes the requirement that the non-consensual touching be to an unclothed intimate part of another person.  Therefore, criminal sexual contact is now the non-consensual touching of the intimate parts of another over the age of 18.  The statute defines “intimate parts” as the primary genital area, groin, buttocks, anus, or breast.   

Current Law:

 Currently, criminal sexual contact can only be committed if one touches the unclothed intimate part of another over the age of 18, or causes another over 18 to touch one’s intimate parts.  

Amendments:

 On March 19, 2025, the Senate Judiciary Committee amended HB 87/a by changing the definition of criminal sexual contact.  Criminal sexual contact is now defined as the unlawful and intentional touching, without consent, 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, to the clothed or unclothed intimate parts of another who has reached 18 years of age.  It can also be committed by intentionally causing a person over 18 years of age to touch one’s intimate parts. 

On February 21, 2025, the House Judiciary Committee amended HB 87 in the following ways;
•	Adds that the crime of criminal sexual contact must involve the intent to arouse or gratify sexual desire, and that this crime can be committed by touching either the clothed or unclothed intimate parts of another.  
•	Removes the provision that this crime does not include touching by a psychotherapist on a patient that is inadvertent, not intended to be sexual or a legitimate element of psychotherapy. 
•	Provides a definition for “primary genital area” to mean the mons pubis, penis, testicles, mons veneris, vulva or vagina.