New Mexico Statutes Chapter 20. Military Affairs § 20-12-74. Prohibited activities with military recruit or trainee by person in position of special trust; consent not a defense

(1) is an officer or noncommissioned officer;

(2) is in a training leadership position with respect to a specially protected junior member of the armed forces; and

(3) knew, or reasonably should have known, that the person was engaged in prohibited sexual activity with a specially protected junior member of the armed forces.

(1) an applicant for military service; or

(2) a specially protected junior member of the armed forces who is enlisted under a delayed entry program.

(1) is a commissioned, warrant or noncommissioned officer;

(2) is in a training leadership position with respect to a specially protected member of the armed forces; and

(3) engaged in prohibited sexual activity with a person that the person knew, or reasonably should have known, was a specially protected junior member of the armed forces.

(1) is a commissioned, warrant or noncommissioned officer;

(2) is performing duties as a military recruiter; and

(3) engaged in prohibited sexual activity with a person that the person knew, or reasonably should have known, was an applicant for military service; or

(4) engaged in prohibited sexual activity with a person that the person knew, or reasonably should have known, was a specially protected junior member of the armed forces who is enlisted under a delayed entry program.

(1) “applicant for military service” means a person who, under regulations prescribed by the secretary concerned, is an applicant for original enlistment or appointment in the armed forces;

(2) “military recruiter” means a person who, under regulations prescribed by the secretary concerned, has the primary duty to recruit persons for military service;

(3) “prohibited sexual activity” means, as specified in regulations prescribed by the secretary concerned, inappropriate physical intimacy under circumstances described in such regulations;

(4) “regulations prescribed by the secretary concerned” means rules, regulations, instructions and procedures prescribed by the secretary of the army or secretary of the air force with respect to soldiers or airmen of the national guard;

(5) “specially protected junior member of the armed forces” means a member of the armed forces who is:

(6) “training leadership position” means, with respect to a specially protected junior member of the armed forces, any drill instructor position or other leadership position in a basic training program, an officer candidate school, a reserve officers' training corps unit, a training program for entry into the armed forces or any program that, by regulation prescribed by the secretary concerned, is identified as a training program for initial career qualification.