New Mexico Statutes Chapter 30. Criminal Offenses § 30-9-2. Prostitution

Prostitution consists of knowingly engaging in or offering to engage in a sexual act for hire.

As used in this section “sexual act” means sexual intercourse, cunnilingus, fellatio, masturbation of another, anal intercourse or the causing of penetration to any extent and with any object of the genital or anal opening of another, whether or not there is any emission.

Whoever commits prostitution is guilty of a petty misdemeanor, unless such crime is a second or subsequent conviction, in which case such person is guilty of a misdemeanor.