HB 65, signed into law February 25, 2016: The provisions of Subsection A of this section shall not apply to a depiction possessed by a child under the age of eighteen in which the depicted child is between the ages of fourteen and eighteen and the depicted child knowingly and voluntarily consented to the possession, and: (1) the depicted child knowingly and voluntarily consented to the creation of the depiction; or (2) the depicted child knowingly and voluntarily produced the depiction without coercion. This subsection shall not prohibit prosecution nor create an immunity from prosecution for the possession of depictions that are the result of coercion.
RELATING TO CHILD EXPLOITATION; ESTABLISHING INCREASED PENALTIES FOR CHILD EXPLOITATION OFFENSES; CREATING A NEW BASIC SENTENCING STRUCTURE FOR SEXUAL EXPLOITATION OF CHILDREN; DECLARING AN EMERGENCY. (https://www.nmlegis.gov/Sessions/16%20Regular/final/HB0065.pdf)
Revenge porn: “Unauthorized distribution of sensitive images” – Unauthorized distribution of sensitive images consists of distributing, publishing or otherwise making available, by an electronic communications device or other means, sensitive images of a person, with or without information identifying that person, without that person’s consent:
(1) with the intent to:
(a) harass, humiliate or intimidate that person;
(b) incite another to harass, humiliate or intimidate that person;
(c) cause that person to reasonably fear for that person’s own or family members’ safety;
(d) cause that person to suffer unwanted physical contact or injury; or
(e) cause that person to suffer substantial emotional distress; and
2) where the conduct is such that it would cause a reasonable person to suffer substantial emotional distress.