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N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
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a 19 year old got a 16 year old pregnant, can he be charged

Resolved Question:

a 19 year old got a 16 year old pregnant, can he be charged with statutory rape in NM?
Submitted: 7 years ago.
Category: Family Law
Expert:  N Cal Attorney replied 7 years ago.
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.

from
http://law.justia.com/newmexico/codes/nmrc/jd_30-9-11-c28b.html

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 at
http://lawyers.findlaw.com/lawyer/practicestate/Criminal-Law/New-Mexico

I hope this information is helpful.
N Cal Attorney and 2 other Family Law Specialists are ready to help you
Expert:  N Cal Attorney replied 7 years ago.
Thank you for accepting my answer.