The age of consent
in New Mexico is 17 but there seems to be an exception if the perpetrator is less than 4 years older than the victim, see
30-9-11. Criminal sexual penetration. Statute text
F. Criminal sexual penetration in the fourth degree consists of all criminal sexual penetration:
(1) not defined in Subsections C through E of this section perpetrated on a child thirteen to sixteen years of age when the perpetrator is at least eighteen years of age and is at least four years older than the child and not the spouse of that child; or
(2) perpetrated on a child thirteen to eighteen years of age when the perpetrator, who is a licensed school employee, an unlicensed school employee, a school contract employee, a school health service provider or a school volunteer, and who is at least eighteen years of age and is at least four years older than the child and not the spouse of that child, learns while performing services in or for a school that the child is a student in a school.
Whoever commits criminal sexual penetration in the fourth degree is guilty of a fourth degree felony.
My opinion is that if it was consensual, it was not statutory rape given the small age difference. But I do not have all the facts. To get actual legal advice, you need to consult a local attorney.
You can get a free consultation from some of the NM criminal defense lawyers listed by location athttp://lawyers.findlaw.com/lawyer/practicestate/Criminal-Law/New-Mexico
I hope this information is helpful.