New Mexico § 30-1-16 Defense based on victim's gender, gender identity, gender

New Mexico Statutes

§ 30-1-16 — Defense based on victim's gender, gender identity, gender

New Mexico § 30-1-16

Ch. 30Criminal Offenses

Art. 1General Provisions

This text of New Mexico § 30-1-16 (Defense based on victim's gender, gender identity, gender) is published on Counsel Stack Legal Research, covering New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.M. Stat. Ann. § 30-1-16 (2026).

Text

expression or sexual orientation prohibited. A. It shall not be a defense, justification or excuse in a criminal proceeding that the defendant's conduct was a reaction to the discovery of, knowledge about or potential disclosure of a victim's or witness's actual or perceived:

(1)gender;

(2)gender expression;

(3)gender identity; or (4) sexual orientation. B. It shall not be a defense, justification or excuse in a criminal proceeding that the defendant was romantically propositioned in a nonviolent or non-threatening manner by a person of the same gender or a person who is transgender. C. Nothing in this section shall prevent a defendant from raising other recognized affirmative defense. D. As used in this section:

(1)"gender expression" means the external appearance of a person's gender

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expression or sexual orientation prohibited. A. It shall not be a defense, justification or excuse in a criminal proceeding that the defendant's conduct was a reaction to the discovery of, knowledge about or potential disclosure of a victim's or witness's actual or perceived: (1) gender; (2) gender expression; (3) gender identity; or (4) sexual orientation. B. It shall not be a defense, justification or excuse in a criminal proceeding that the defendant was romantically propositioned in a nonviolent or non-threatening manner by a person of the same gender or a person who is transgender. C. Nothing in this section shall prevent a defendant from raising other recognized affirmative defense. D. As used in this section: (1) "gender expression" means the external appearance of a person's gender identity, often expressed through the person's behavior, physical appearance or voice, which expression may or may not conform to socially defined behaviors and characteristics typically associated with masculinity or femininity; (2) "gender identity" means a person's self-perception, or perception of that person by another, of the person's identity as a male or female based upon the person's appearance, behavior or physical characteristics that are in accord with or opposed to the person's physical anatomy, chromosomal sex or sex at birth; and (3) "sexual orientation" means heterosexuality, homosexuality or bisexuality, whether actual or perceived.