2018 New Mexico Statutes
Chapter 30 - Criminal Offenses
Article 37 - Sexually Oriented Material Harmful to Minors
Section 30-37-8 - Uniform application.
In order to provide for the uniform application of this act to all minors within this state, it is intended that the sole and only regulation of the sale, distribution or provision of any matter described in Section 2 [30-37-2 NMSA 1978], or admission to, or exhibition of, any performance described in Section 3 [30-37-3 NMSA 1978], shall be under this act, and no municipality, county or other governmental unit within this state shall make any law, ordinance or regulation relating to the sale, distribution or provision of any matter described in Section 2, or admission to any performance described in Section 3, including but not limited to criminal offenses, classification of suitable matter or performances for minors, or licenses or taxes respecting the sale, distribution, exhibition or provision of matter regulated under this act. All such laws, ordinances, regulations, taxes or licenses, whether enacted before or after this act, shall be or become void, unenforceable and of no effect upon the effective date of this act.
History: 1953 Comp., § 40-50-8, enacted by Laws 1973, ch. 257, § 8.
Compiler's notes. — The term "this act" means Laws 1973, Chapter 257, which appears as 30-37-1, 30-37-2, 30-37-3, 30-37-4 to 30-37-8 NMSA 1978.
"Effective date of this act". — The phrase "effective date of this act", referred to at the end of this section, means June 15, 1973, the effective date of Laws 1978, Chapter 257.
Preemption by state. — So that there will be uniform application of the state plan regulating sexually oriented material harmful to minors, the state has preempted county and municipal regulation of the field. Am. Booksellers Ass'n v. Schiff, 649 F. Supp. 1009 (D.N.M. 1986), rev'd on other grounds, 868 F.2d 1199 (10th Cir. 1989).
The state has preempted this field as far as it pertains to minors, and no county or municipality may enact ordinances on this subject matter. 1973-74 Op. Att'y Gen. No. 73-54.
Sections 30-37-2 and 30-37-3 NMSA 1978 so fully cover the field that it is not conceivable that a county or municipal ordinance could be drafted that would not offend the prohibitions of this section. 1973-74 Op. Att'y Gen. No. 73-54.
Powers retained by localities. — In enacting Laws 1973, ch. 257, the legislature intended for counties and municipalities to retain any grant of power they have to make ordinances in the obscenity field not inconsistent with the provisions of this section. 1973-74 Op. Att'y Gen. No. 73-54.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Motion pictures: exhibition of obscene motion pictures as nuisance, 50 A.L.R.3d 969.
Validity of statutes or ordinances requiring sex-oriented businesses to obtain operating licenses, 8 A.L.R.4th 130.
