State Guide
Age of Consent in New Mexico
A plain-English guide to the age of consent in New Mexico, cited to N.M. Stat. § 30-9-11. A genuine close-in-age allowance is built into the fourth-degree criminal sexual penetration statute.
Close-in-age allowance under 4 yearsNew Mexico at a glance
The core figures from this guide, in one place.
| Age of consent | 16 |
|---|---|
| Governing statute | N.M. Stat. § 30-9-11(G) (Criminal Sexual Penetration, 4th Degree) |
| Close-in-age mechanism | Not covered if offender is under 18 or gap is under 4 years |
| School-affiliated relationships | Protected age rises to 18 |
| Related offense | Aggravated criminal sexual penetration, 1st degree — victim under 13 |
Overview
New Mexico sets its practical age of consent at 16. N.M. Stat. Section 30-9-11(G)(1) makes it criminal sexual penetration in the fourth degree for someone 18 or older to sexually penetrate a child 13 through 16, but only where the offender is at least four years older and not the child’s spouse. Below that gap, or where the offender is themselves under 18, this specific provision does not apply.
A separate part of the same subsection raises the protected age to 18 specifically for school employees and volunteers who learn a 13-to-18-year-old is a student at their school.
Age of consent in New Mexico
Section 30-9-11(G)(1) requires the offender to be at least 18 and at least four years older than a victim 13 through 16. Criminal sexual penetration in the fourth degree is a fourth-degree felony, carrying up to 18 months in prison. More serious offenses, including aggravated criminal sexual penetration in the first degree, address a victim under 13 separately.
Close-in-age rules in New Mexico
Section 30-9-11(G)(1) requires two conditions together: the offender must be 18 or older, and at least four years older than the victim. If either condition is not met, for example if the offender is 17, or the offender is 18 but only two years older, this specific felony provision does not reach the conduct.
Exceptions and defenses
Marriage between the two people is a stated exclusion from Section 30-9-11. Some secondary sources describe mistake of age as a possible defense in New Mexico, though this guide could not confirm the precise standard, such as whether the belief must be reasonable, from the primary statute text it reviewed. Consent by the minor is not a defense.
Applicable statutes
The codified New Mexico law this guide is drawn from.
Practical examples
Example 1. A 15-year-old and an 18-year-old, a three-year gap. Because the gap is under four years, Section 30-9-11(G)(1) does not reach this conduct.
Example 2. A 15-year-old and a 20-year-old, a five-year gap. This meets the four-year threshold and the offender is 18 or older, so fourth-degree criminal sexual penetration applies.
Example 3. A 16-year-old student and their 21-year-old substitute teacher, a five-year gap. Because the teacher learned of the student status while working at the school, the protected age rises to 18, and this provision applies even though 16 is otherwise the general threshold.
Frequently asked questions about New Mexico
What is the age of consent in New Mexico?
16. N.M. Stat. Section 30-9-11(G)(1) makes it a felony for someone 18 or older, and at least four years older, to sexually penetrate a 13-to-16-year-old.
Does New Mexico have a Romeo and Juliet law?
Yes, a genuine one. If the offender is under 18, or the gap is under four years, this specific felony provision does not reach the conduct.
Does the age of consent change for students?
Yes. For a school employee, contractor, or volunteer who learns the other person is a student at their school, the protected age rises to 18 instead of 16.
Does a mistaken belief about age count as a defense?
Some sources describe this as a possible defense, but this guide could not confirm the precise standard from the primary statute text it reviewed.
Are married couples treated differently?
Yes. Marriage between the two people is a stated exclusion from Section 30-9-11.
Official sources
Primary and official sources this guide is built from.
General rule vs. school-affiliated relationships
The protected age differs depending on the relationship.
| Relationship | Protected age | Conditions |
|---|---|---|
| General | 16 | Offender 18+, gap 4+ years |
| School employee or volunteer | 18 | Offender 18+, gap 4+ years, learns of student status at school |
About this guide
Who wrote it, who reviewed it, and when it was last checked.
RomeoAndJulietLaw.com Editorial Team
Drafted from the New Mexico Statutes, cross-checked against multiple years of official codification.
Pending attorney review
This guide has not yet been checked by a licensed New Mexico attorney. It is sourced and cited, but should not be treated as attorney-reviewed until this line is updated with a named reviewer.
Primary source for this guide
Editorial notes
This guide reflects N.M. Stat. § 30-9-11 as of 26 July 2026. It has not yet been reviewed by a licensed New Mexico attorney. One gap is noted: a mistake-of-age defense is referenced by secondary sources but its precise standard was not confirmed against the primary statute text this guide reviewed, and should be confirmed by review.