New Mexico v. Stevens
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The issue before the Supreme Court in this case centered on defendant Lisa Stevens' convictions for second-degree criminal sexual penetration during the commission of a felony, child abuse, and contributing to the delinquency of a minor. The convictions were based on two separate incidents in which defendant directed her thirteen-year-old daughter to perform oral sex on defendant’s twenty-four-year-old boyfriend after the three injected methamphetamine together. The Court used the opportunity of this case to clarify that simply causing another person to engage in otherwise lawful sexual intercourse at the same time a felony was being committed did not constitute the crime of criminal sexual penetration during the commission of a felony. While the Court also held that the jury should be instructed that the crime of criminal sexual penetration during the commission of a felony requires the commission of unlawful sexual activity with the victim of the felony, the Court concluded that the unobjected-to deficiency in the instructions did not constitute fundamental error in this case case when Defendant’s guilt was clear. Finding no other reversible error, the Supreme Court affirmed defendant's convictions.
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