A. If a sex offender is convicted of one of the following sex offenses, the county sheriff shall forward registration information obtained from the sex offender to the district attorney for the judicial district in which the sex offender resides and, if the sex offender is a resident of a municipality, the chief law enforcement officer for the municipality in which the sex offender resides:
(1) aggravated criminal sexual penetration or criminal sexual penetration in the first, second or third degree, as provided in Section 30-9-11 NMSA 1978;
(2) criminal sexual contact of a minor in the second, third or fourth degree, as provided in Section 30-9-13 NMSA 1978;
(3) sexual exploitation of children, as provided in Section 30-6A-3 NMSA 1978;
(4) sexual exploitation of children by prostitution, as provided in Section 30-6A-4 NMSA 1978; or
(5) attempt to commit any of the sex offenses set forth in Paragraphs (1) through (4) of this subsection, as provided in Section 30-28-1 NMSA 1978.
B. A person who wants to obtain registration information regarding sex offenders described in Subsection A of this section may request that information from the:
(1) sheriff for the county in which the sex offenders reside;
(2) chief law enforcement officer for the municipality in which the sex offenders reside;
(3) district attorney for the judicial district in which the sex offenders reside; or
(4) secretary of public safety.
C. Upon receiving a request for registration information regarding sex offenders described in Subsection A of this section, the county sheriff, chief municipal law enforcement officer, district attorney or secretary of public safety shall provide that registration information, with the exception of a sex offender's social security number and DNA information, within a reasonable period of time, and no later than seven days after receiving the request.
D. Within seven days of receiving registration information from a sex offender described in Subsection A of this section, the county sheriff shall contact every licensed daycare center, elementary school, middle school and high school within a one-mile radius of the sex offender's residence and provide them with the sex offender's registration information, with the exception of the sex offender's social security number and DNA information.
E. The department shall establish and manage an internet web site that provides the public with registration information regarding sex offenders described in Subsection A of this section, except that the department shall not provide registration information on the internet web site regarding a sex offender who was less than eighteen years of age when the sex offender committed the sex offense for which the sex offender was convicted as a youthful offender, as provided in Section 32A-2-3 NMSA 1978, unless at the time of sentencing, the court made a finding that the sex offender is not amenable to treatment and is a danger to the community. The registration information provided to the public pursuant to this subsection shall not include a sex offender's social security number or DNA information or the identity of a sex offender's place of employment, unless the sex offender's employment requires the sex offender to have direct contact with children. The internet web site shall provide only the following registration information:
(1) the sex offender's legal name and any other names or aliases that the sex offender is using or has used;
(2) the sex offender's current address and the address of every place where the sex offender habitually lives;
(3) if the sex offender's employment involves direct contact with children, the sex offender's place of employment;
(4) the sex offenses for which the sex offender has been convicted;
(5) a photograph of the sex offender;
(6) the sex offender's date of birth;
(7) a physical description, including a description of any tattoos, scars or other distinguishing features on the sex offender's body that would assist in identifying the sex offender; and
(8) a link that will pinpoint the location of the sex offender's place of employment if the sex offender has direct contact with children.
History: Laws 1999, ch. 19, § 8; 2000, ch. 8, § 4; 2003 (1st S.S.), ch. 1, § 12; 2005, ch. 279, § 5; 2007, ch. 69, § 7; 2013, ch. 152, § 3.
ANNOTATIONSThe 2013 amendment, effective July 1, 2013, provided for the availability of information on the sex offender internet web site; in Subsection E, in the introductory paragraph, in the second sentence, after "DNA information or", added "the identity", added the third introductory sentence; and added Paragraphs (1) through (8) of Subsection E.
Applicability. — Laws 2013, ch. 152, § 5 provided that the provisions of the amendments to the Sex Offender Registration and Notification Act enacted by Laws 2013, ch. 152 are applicable to a person who, on or after July 1, 2013, is found guilty of committing a sex offense.
The 2007 amendment, effective July 1, 2007, amended Subsection A to add a request that the sheriff forward registration information regarding a sex offender convicted of aggravated criminal sexual penetration to district attorneys and municipalities.
The 2005 amendment, effective July 1, 2005, adds criminal sexual penetration in the third degree in Subsection A(1); provides in Subsection C that DNA information shall not be disclosed to a person requesting registration information; provides in Subsection D that DNA information shall not be disclosed to daycare centers or schools; provides in Subsection E that the department shall establish a web site and that the department shall not provide information on the web site regarding a sex offender who was less than eighteen years of age when he committed the sex offense unless the sentencing court found that the sex offender is not amenable to treatment and is a danger to the community or regarding DNA information.
The 2003 (1st S.S.) amendment, effective February 3, 2004, deleted "Subsection A, B or C of" preceding "Section" in Paragraph (3) of Subsection A and "county" preceding "sheriff" in Paragraph (1) of Subsection B.
The 2000 amendment, effective July 1, 2000, inserted "active community notification; internet web site" in the section heading, rewrote Subsection C, which formerly read "All requests for registration information regarding a sex offender described in Subsection A of this section are subject to the provisions of the Inspection of Public Records Act", and added Subsections D and E.
Applicability. — Laws 1999, ch. 19, § 11 makes the provisions §§ 1 to 9 of the act applicable to persons convicted of a sex offense committed on or after July 1, 1999. As to persons convicted of a sex offense committed prior to July 1, 1999, the laws with respect to registration requirements for sex offenders in effect at the time the sex offense was committed shall apply.
Laws 2005, ch. 279, §14, effective July 1, 2005, provided that Laws 2005, ch. 279, §§ 1 through 13 apply to a person convicted of a sex offense on or after July 1, 2005 and a person convicted of a sex offense prior to July 1, 2005 and who, on July 1, 2005, was still incarcerated, on probation or on parole for commission of that sex offense.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Validity, construction, and application of state statutes authorizing community notification of release of convicted sex offender, 78 A.L.R.5th 489.