New Mexico Exempts Sexting From Child Porn Penalties

SANTA FE, N.M. (AP) — Increased prison sentences for the creation, distribution and possession of child pornography were signed into law Thursday by New Mexico Gov. Susana Martinez, despite her opposition to an exemption for the texting of explicit images between two consenting teenagers.

The new law lines out sentences of up to 10 year for the possession of child pornography, 11 years for distribution and 12 years for manufacturing. Another year can be tacked on for preying on children under 13.

Martinez described as "unnecessary and legally problematic" exemptions for the "sexting" of explicit images. The Republican governor said she would seek out legislation next year to address the issue.

The law was initially drafted in response to a state Supreme Court decision that stopped prosecutors from filing multiple charges based on the number of pornographic images or videos. Prosecutors say that created a child pornography loophole by reducing some overall sentences to 18 months.

The bill sponsored by Reps. Sarah Maestas Barnes, R-Albuquerque, and Randal Crowder, R-Clovis, was heavily redrafted before winning unanimous approval in the House and Senate.

Sen. George Munoz, a Gallup Democrat, successfully pressed for an amendment to make sure consenting and willing teens caught sexting wouldn't be prosecuted under the legislation. That prompted state Attorney General Hector Balderas to withdraw his support out of concern that protections for teenagers would be weakened.

Martinez called the legislation on balance "an important step forward in protecting our children from exploitation."

"I don't support the so-called 'sexting' amendment, as I believe the reasoning behind it is misinformed and it was not carefully considered," she said in a statement.

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