2013 New Mexico Statutes
Chapter 24 - Health and Safety
Article 1 - Public Health
Section 24-1-9.1 - Sexually transmitted diseases; testing of persons convicted of certain criminal offenses. (1993)

A.   A test designed to identify any sexually transmitted disease may be performed on an offender convicted pursuant to state law of any criminal offense:   

(1)   involving contact between the penis and the vulva;   

(2)   involving contact between the penis and anus;   

(3)   involving contact between the mouth and penis;   

(4)   involving contact between the mouth and vulva;   

(5)   involving contact between the mouth and anus; or   

(6)   when the court determines from the facts of the case that there was a transmission or likelihood of transmission of bodily fluids from the offender to the victim of the criminal offense.   

B.   When consent to perform a test on an offender cannot be obtained, the victim of a criminal offense described in Subsection A of this section may petition the court to order that a test be performed on the offender.  When the victim of the criminal offense is a minor or an incompetent, the parent or legal guardian of the victim may petition the court to order that a test be performed on the offender.  The court shall order and the test shall be administered to the offender within ten days after the petition is filed by the victim, his parent or guardian.  The results of the test shall be disclosed only to the offender and to the victim or the victim's parent or legal guardian.