Stephen Black provided the following from another person:
> From [EMAIL PROTECTED] Fri Apr 9 11:55:16 1999
>
> My bet is that these quotes or paraphrases are taken somewhat out of context
> and that a piece is either conveniently or inadvertently missing.
That would be the easy answer. Unless Lexis Law Publishing missed
something, that's not the case. For those who'd like to take a look,
go to http://www.lexislawpublishing.com/resources/ and click on "New
Mexico Statutes", then click "New Mexico Statutes Annotated". For
the criminal offenses, click on #30 "Criminal Offenses". Sexual
offenses are #9 under criminal offenses. I'd give you the direct
link, but it's a pretty ugly one; following the trail is much safer
way to go. =)
And for those who don't want to look it up themselves, here is the
entire New Mexico law regarding criminal sexual contact; the law
regarding criminal sexual penetration does not address therapists. I
apologize for the length.
***********
30-9-12. Criminal sexual contact.
A. Criminal sexual contact is the unlawful and intentional touching
of or application of force, without consent, to the unclothed intimate
parts of another who has reached his eighteenth birthday, or
intentionally causing another who has reached his eighteenth birthday
to touch one's intimate parts.
B. Criminal sexual contact does not include touching by a
psychotherapist on his patient that is:
(1) inadvertent;
(2) casual social contact not intended to be sexual in nature; or
(3) generally recognized by mental health professionals as being a
legitimate element of psychotherapy.
C. Criminal sexual contact in the fourth degree consists of all
criminal sexual contact perpetrated:
(1) by the use of force or coercion that results in
personal injury to the victim;
(2) by the use of force or coercion
when the perpetrator is aided or abetted by one or more persons; or
(3) when the perpetrator is armed with a deadly weapon. Whoever
commits criminal sexual contact in the fourth degree is guilty of a
fourth degree felony.
D. Criminal sexual contact is a misdemeanor
when perpetrated with the use of force or coercion.
E. For the
purposes of this section, "intimate parts" means the primary genital
area, groin, buttocks, anus or breast.
History: 1953 Comp., 40A-9-22, enacted by Laws 1975, ch. 109, 3;
1981, ch. 8, 1; 1991, ch. 26, 2; 1993, ch. 177, 3.
***********
--
Sue Frantz [EMAIL PROTECTED]
Assistant Professor of Psychology Office: (505) 439-3752
New Mexico State Univ - Alamogordo Fax: (505) 439-3802
Alamogordo, NM 88310 http://web.nmsu.edu/~sfrantz
