2021 New Mexico Statutes
Chapter 30 - Criminal Offenses
Article 9 - Sexual Offenses
Section 30-9-7 - Evidence.

In any proceeding under Article 9 [30-9-1 to 30-9-9 NMSA 1978] or action to abate a public nuisance under Article 8 [30-8-1 to 30-8-4, 30-8-8 to 30-8-13 NMSA 1978], testimony about the following circumstances is admissible in evidence:

A. the general reputation of the place;

B. the reputation of the persons who reside in or frequent the place;

C. the frequency, timing and length of visits by nonresidents; and

D. prior convictions of the defendant or persons who reside in or frequent the place under Sections 9-11, 9-12 and 9-13 [30-9-2, 30-9-3 and 30-9-4 NMSA 1978] of this article or Sections 40-34-1 through 40-34-5 New Mexico Statutes Annotated, 1953 Compilation, or of any other offense of like nature wherever committed.

History: 1953 Comp., § 40A-9-16, enacted by Laws 1963, ch. 303, § 9-16.

Cross references. — For general rule on admissibility of evidence of other crimes, see Paragraph B of Rule 11-404 NMRA.

Compiler's notes. — Sections 40-34-1 through 40-34-5, 1953 Comp., relating to prostitution, which are referred to in Subsection D, were repealed by Laws 1963, ch. 303, § 30-1.

Proof not restricted. — Evidence by which an establishment might be proved a house of prostitution was not limited to a proof of facts mentioned in statute. Territory v. McGrath, 1911-NMSC-026, 16 N.M. 202, 114 P. 364.

Admissibility of prior conviction. — Proof of a prior conviction for keeping a house of prostitution should have been restricted to a conviction previously had under the provisions of current act (Laws 1921, ch. 69) and not of a prior act. State v. Snyder, 1923-NMSC-022, 28 N.M. 388, 212 P. 736 (decided under prior law).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 24 Am. Jur. 2d Disorderly Houses §§ 29 to 32; 63A Am. Jur. 2d Prostitution § 28.

Admissibility, in prosecution for sexual offense, of evidence of other similar offense, 77 A.L.R.2d 841, 2 A.L.R.4th 330.

Admissibility, at criminal prosecution, of expert testimony on rape trauma syndrome, 42 A.L.R.4th 879.

Admissibility of expert testimony as to criminal defendant's propensity toward sexual deviation, 42 A.L.R.4th 937.

Admissibility, in rape case, of evidence that accused raped, or attempted to rape person other than prosecutrix - prior offenses, 86 A.L.R.5th 59.

Admissibility, in rape case, of evidence that accused raped or attempted to rape person other then prosecutrix - subsequent acts, 87 A.L.R.5th 181.

Admissibility, in rape case, of evidence that accused raped, or attempted to rape, person other than prosecutrix - offenses unspecified as to time, 88 A.L.R.5th 429.

27 C.J.S. Disorderly Houses § 14 (1-5); 73 C.J.S. Prostitution and Related Offenses § 6.