{"data":{"id":"us-nm/30-37a-1","jurisdiction":"us-nm","citation":"30-37A-1","heading":"Unauthorized distribution of sensitive images; penalties.","body":"A. Unauthorized distribution of sensitive images consists of distributing, publishing or otherwise making available, by an electronic communications device or other means, sensitive images of a person, with or without information identifying that person, without that person's consent:\n(1) with the intent to:\n(a) harass, humiliate or intimidate that person;\n(b) incite another to harass, humiliate or intimidate that person;\n(c) cause that person to reasonably fear for that person's own or family members' safety;\n(d) cause that person to suffer unwanted physical contact or injury; or\n(e) cause that person to suffer substantial emotional distress; and\n(2) where the conduct is such that it would cause a reasonable person to suffer substantial emotional distress.\nB. For the purpose of this section:\n(1) \"electronic communications device\" means a computer, an internet web site or page, a video recorder, a digital camera, a fax machine, a telephone, a cellular telephone, a pager or any other device that can produce an electronically generated image, message or signal;\n(2) \"information service\" means a service offering the capability of generating, acquiring, storing, transforming, processing, publishing, retrieving, utilizing or making available information;\n(3) \"interactive computer service\" means any information service, system or access software provider that provides or enables computer access by multiple users;\n(4) \"intimate act\" has the same meaning as \"sexual act\", as that term is defined in Section 30-9-2 NMSA 1978;\n(5) \"sensitive images\" means images, photographs, videos or other likenesses depicting or simulating an intimate act or depicting any portion of a person's genitals, or of a woman's breast below the top of the areola, that is either uncovered or visible through less-than-fully opaque clothing, which images may reasonably be considered to be private, intimate or inappropriate for distribution or publication without that person's consent; and\n(6) \"telecommunications provider\" has the same meaning as set forth in Section 63-7-23 NMSA 1978.\nC. Whoever commits unauthorized distribution of sensitive images is guilty of a misdemeanor. Upon a second or subsequent conviction, the offender is guilty of a fourth degree felony.\nD. Nothing in this section shall be construed to impose liability on:\n(1) an interactive computer service, an information service or a telecommunications provider for content provided by another person; or\n(2) a person who reproduces, distributes, exhibits, publishes, transmits or otherwise disseminates content in furtherance of a legitimate public purpose, including the compilation or dissemination of news by newspapers and licensed broadcasters.","path":["Chapter 30 - Criminal Offenses","ARTICLE 37A Unauthorized Distribution of Sensitive Images"],"source_url":"https://nmonesource.com/nmos/nmsa-unanno/en/item/18530/index.do","current_through":"2026-07-01","vintage":"","retrieved_at":"2026-09-03T15:02:19Z","sha256":"2463327bc0b02b86c63af74de24ff05bda6ae169e99cdf01f654b96ba298a2ed","source_id":"us-nm","stale":false,"prev":"us-nm/30-37-10","next":"us-nm/30-38-1"},"notice":"GroundRules: Original legal text. Not legal advice."}