Promoting prostitution consists of any person, acting other than as a prostitute or patron of a prostitute:
A. knowingly establishing, owning, maintaining or managing a house of prostitution or a place where prostitution is practiced, encouraged or allowed, or participating in the establishment, ownership, maintenance or management thereof;
B. knowingly entering into any lease or rental agreement for any premises which a person partially or wholly owns or controls, knowing that such premises are intended for use as a house of prostitution or as a place where prostitution is practiced, encouraged or allowed;
C. knowingly procuring a prostitute for a house of prostitution or for a place where prostitution is practiced, encouraged or allowed;
D. knowingly inducing another to become a prostitute;
E. knowingly soliciting a patron for a prostitute or for a house of prostitution or for any place where prostitution is practiced, encouraged or allowed;
F. knowingly procuring a prostitute for a patron and receiving compensation therefor;
G. knowingly procuring transportation for, paying for the transportation of or transporting a person within the state with the intention of promoting that person's engaging in prostitution;
H. knowingly procuring through promises, threats, duress or fraud any person to come into the state or causing a person to leave the state for the purpose of prostitution; or
I. under pretense of marriage, knowingly detaining a person or taking a person into the state or causing a person to leave the state for the purpose of prostitution.
Whoever commits promoting prostitution is guilty of a fourth degree felony.
History: 1953 Comp., § 40A-9-13, enacted by Laws 1963, ch. 303, § 9-13; 1981, ch. 233, § 3.
ANNOTATIONSCross references. — For sexual exploitation of children by prostitution, see 30-6A-4 NMSA 1978.
Suspension of sentence set aside. — Substantial evidence that defendant permitted certain premises which were under her control to be used for purposes of prostitution, lewdness and assignation, supported judgment of trial court in setting aside order of suspension of one month jail sentence imposed for keeping a house of prostitution. State v. Snyder, 1923-NMSC-021, 28 N.M. 387, 212 P. 736.
Sufficient evidence to support promoting prostitution conviction. — Where defendant was convicted of human trafficking, promoting prostitution, accepting earnings from a prostitute, contributing to the delinquency of a minor, and conspiracy, defendant's conviction for promoting prostitution was supported by substantial evidence where the evidence presented at trial established that defendant created an advertisement for the victim on a website commonly used to advertise prostitution services, that defendant listed his phone number as the contact number in the advertisement, and that defendant took the victim to a gas station and dropped her off there intending for her to exchange sex for money. State v. Jackson, 2018-NMCA-066, cert. denied.
Indictment sufficient. — A count in which it was charged that defendant, on a certain day, at a certain place, did, unlawfully, set up and keep a house of prostitution in a certain town, within seven hundred feet of a certain theater, contrary to the form of the statute, sufficiently conformed with the statute (Laws 1901, ch. 84, § 1). Territory v. McGrath, 1911-NMSC-026, 16 N.M. 202, 114 P. 364 (decided under prior law).
It was unnecessary to set forth in the indictment the names of persons permitted to use the premises unlawfully. State v. Alston, 1923-NMSC-006, 28 N.M. 379, 212 P. 1031.
Law reviews. — For symposium, "The Impact of the Equal Rights Amendment on the New Mexico Criminal Code," see 3 N.M.L. Rev. 106 (1973).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 24 Am. Jur. 2d Disorderly Houses §§ 14, 19; 63A Am. Jur. 2d Prostitution §§ 7 to 9, 15 to 23.
Criminal responsibility of woman who connives or consents to her own transportation for immoral purposes, 84 A.L.R. 376.
Separate acts of taking earnings of or support from prostitute as separate or continuing offenses of pimping, 3 A.L.R.4th 1195.
Entrapment defense, availability in state court of defense where one accused of pandering denies participation in offense, 5 A.L.R.4th 1128.
Entrapment defense in sex offense prosecution, 12 A.L.R.4th 413.
Validity, construction, and application of state statute forbidding unfair trade practice or competition by discriminatory allowance of rebates, commissions, discounts, or the like, 41 A.L.R.4th 675.
27 C.J.S. Disorderly Houses §§ 2 to 6; 73 C.J.S. Prostitution and Related Offenses §§ 4 to 13.