New Mexico
New Mexico Pornography Laws (2026): Legality and Penalties
Independently fact-checked against primary sources (last audited August 20, 2026). · 4 primary sources cited on this page. How we verify our legal content
Adults may legally view and possess pornography in New Mexico, and unlike most states, New Mexico does not appear to have a standalone criminal statute banning the sale or distribution of obscene material to adults. The state's obscenity-related laws instead focus narrowly on minors and outdoor theaters. New Mexico also has no age-verification law for adult websites after two attempts died in the legislature in 2025.
Is Pornography Legal in New Mexico?
For adults, yes, and New Mexico's legal framework around it is unusually narrow. A review of Chapter 30 (Criminal Offenses) of the New Mexico Statutes Annotated found no freestanding general obscenity statute of the kind most states use to criminalize the sale or distribution of obscene material to adults. New Mexico's obscenity-adjacent laws are instead confined to two narrow situations: NMSA 30-37-1 through 30-37-8 addresses material that is harmful specifically to minors, and NMSA 30-38-1 addresses only obscene films shown at outdoor motion-picture theaters, a civil-injunction provision rather than a criminal one. Neither reaches the private sale, possession, or viewing of adult pornography.
This is a documented gap in New Mexico's statutory scheme, not a confirmed constitutional protection beyond what applies nationwide. As in every state, the U.S. Supreme Court's decision in Stanley v. Georgia, 394 U.S. 557 (1969), independently protects the private possession of obscene material in the home from prosecution. No New Mexico statute was located this session criminalizing simple private possession of adult, non-CSAM obscene material. Because statutory law changes and this is a narrower legal landscape than most states, readers with a specific concern should confirm current law directly or with a New Mexico attorney rather than relying solely on the absence of a statute.
Does New Mexico Require Age Verification for Adult Websites?
No. New Mexico has no enacted law requiring adult websites to verify a visitor's age, and it is notable even among states without such a law because two separate attempts both failed in the same 2025 legislative session. House Bill 44, the "Protection of Minors from Distribution of Harmful Materials Act," would have required "reasonable age verification" for any website with more than one-third objectionable material; it died in the House Commerce and Economic Development Committee amid concerns about how it would handle user privacy and data collection, and was never revived before the March 21, 2025 adjournment. House Bill 313, the "Digital Age Verification Act," sounds similar but targeted device manufacturers and app stores rather than adult websites; it also died in committee.
No evidence of a 2026 reintroduction of either bill was found as of this writing. New Mexico residents can currently access adult content online without an age-verification gate, in contrast to the roughly two dozen states that have enacted one since 2022. See our age verification laws hub for the broader state-by-state picture.
Child Sexual Abuse Material (CSAM) Laws in New Mexico
New Mexico's Sexual Exploitation of Children Act, NMSA 30-6A-3, criminalizes both possessing and distributing obscene material depicting a prohibited sexual act involving someone the defendant knows or has reason to know is under 18:
- Possession is a fourth-degree felony.
- Distribution is a third-degree felony.
- Manufacturing is a second-degree felony, the most severe of the three tiers.
All three require the same knowledge element: the defendant must know, or have reason to know, that a participant is a minor.
Harmful-to-Minors Dissemination
Separate from the felony CSAM statute, NMSA 30-37-2 makes it unlawful to knowingly sell, deliver, distribute, or display for sale to a minor, or to possess with intent to do so, a visual representation or written or recorded material depicting nudity, sexual conduct, sexual excitement, or sado-masochistic abuse that is "harmful to minors." A violation is a misdemeanor under NMSA 30-37-7, a significantly lower penalty tier than the CSAM felonies above, reflecting the difference between material that is harmful to minors generally and material that depicts an actual minor.
Sexting Among Minors
New Mexico has no dedicated teen-sexting statute; instead, minors who send or possess explicit images of other minors are prosecuted under the same Sexual Exploitation of Children statute, NMSA 30-6A-3, described above, which does include a narrow possession exemption for consensual, close-in-age minors. Because this exemption and its exact boundaries matter a great deal to anyone facing a real case, see our New Mexico sexting laws page for the specific rule rather than relying on the general CSAM framework described above, which is written with adult offenders in mind.
Nonconsensual Intimate Images (NCII)
New Mexico's Unauthorized Distribution of Sensitive Images law, NMSA 30-37A-1, criminalizes distributing an image depicting or simulating an intimate act, genitals, or a woman's breast below the top of the areola, that a reasonable person would consider private and inappropriate to distribute without consent. A first offense is a misdemeanor; a second or subsequent conviction is a fourth-degree felony. For a full state-by-state breakdown of nonconsensual intimate image laws, including the federal takedown mechanism, see our Take It Down Act and revenge porn laws by state page.
Public Indecency and Exposure
New Mexico's indecent exposure statute, NMSA 30-9-14, makes base indecent exposure a misdemeanor that carries a mandatory professional-counseling-program condition. An aggravated version, NMSA 30-9-14.3, applies when a person knowingly and intentionally exposes their genitals in a lewd and lascivious manner with intent to threaten or intimidate another person while also committing an additional listed act, such as exposure to a child under 18, assault, battery, or criminal sexual penetration. Aggravated indecent exposure is a fourth-degree felony and also carries a mandatory counseling-program condition.
Adult Business Licensing
New Mexico does not appear to have a statewide statute specifically licensing or zoning sexually oriented businesses, comparable to states like New Jersey. Instead, general municipal zoning authority under NMSA 3-21-1 lets individual cities and counties regulate adult amusement establishments, and New Mexico courts have upheld local zoning ordinances covering such businesses as not unconstitutionally vague. Anyone opening or operating this kind of business in New Mexico should check the specific municipality's zoning code rather than assume a single statewide rule.
Penalties at a Glance
| Offense | Statute | Classification |
|---|---|---|
| Material harmful to minors (sale/distribution) | NMSA 30-37-2 / 30-37-7 | Misdemeanor |
| CSAM possession | NMSA 30-6A-3 | Fourth-degree felony |
| CSAM distribution | NMSA 30-6A-3 | Third-degree felony |
| CSAM manufacturing | NMSA 30-6A-3 | Second-degree felony |
| Nonconsensual intimate-image distribution | NMSA 30-37A-1 | Misdemeanor (1st); fourth-degree felony (2nd+) |
| Indecent exposure | NMSA 30-9-14 | Misdemeanor |
| Aggravated indecent exposure | NMSA 30-9-14.3 | Fourth-degree felony |
| Outdoor exhibition of obscene films | NMSA 30-38-1 | Civil injunction, not a criminal penalty |
Practical Considerations
Federal law still applies in New Mexico regardless of the state's narrow statutory scheme. Federal obscenity law, 18 U.S.C. 1466A, federal CSAM statutes, and the federal record-keeping requirements of 18 U.S.C. 2257 for commercial producers are not state law and apply on their own terms. The federal TAKE IT DOWN Act, effective May 2025, separately requires covered platforms to remove nonconsensual intimate images, including AI-generated forgeries, within 48 hours of a valid request.
The absence of a state age-verification law or a general obscenity statute does not mean there is no risk to viewing adult content in a given setting. An employer-owned device or network can still be governed by a workplace policy that leads to termination even where no crime occurred, and New Mexico's narrower statutory landscape could change in a future legislative session, particularly on age verification given the national trend. This page is general legal information, not legal advice; consult an attorney for guidance specific to your situation.
More New Mexico Laws
Frequently Asked Questions
Is it legal to watch porn in New Mexico?
Yes, for adults. New Mexico does not appear to have a general adult-obscenity statute banning the sale, distribution, or private viewing of adult pornography, and the federal Stanley v. Georgia decision independently protects private possession in the home.
Does New Mexico require age verification to access porn sites?
No. New Mexico has no enacted age-verification law for adult websites. Two 2025 bills, HB 44 and HB 313, both died in committee, and no reintroduction had been found as of this writing.
What is the penalty for child pornography in New Mexico?
Under NMSA 30-6A-3, possessing child sexual abuse material is a fourth-degree felony, distributing it is a third-degree felony, and manufacturing it is a second-degree felony, the most severe of the three tiers, in New Mexico.
Is sharing someone's intimate photo without consent illegal in New Mexico?
Yes. Under NMSA 30-37A-1, distributing a sensitive intimate image without consent is a misdemeanor for a first offense and a fourth-degree felony for a second or later offense.
Can New Mexico minors be charged with a felony for sexting?
Possibly, but New Mexico's Sexual Exploitation of Children statute, NMSA 30-6A-3, includes a narrow possession exemption for consensual, close-in-age minors. See our New Mexico sexting laws page for how the exemption applies.
Is indecent exposure a felony in New Mexico?
Base indecent exposure under NMSA 30-9-14 is a misdemeanor. It becomes a fourth-degree felony, aggravated indecent exposure, under NMSA 30-9-14.3 when combined with intent to threaten or intimidate and an additional act like exposure to a child or assault.
Does New Mexico have statewide zoning rules for adult businesses?
No. New Mexico does not appear to have a statewide licensing or zoning statute for sexually oriented businesses. Regulation happens at the municipal level under general zoning authority.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
New Mexico Statutes Annotated 1978, Chapter 3
§ 3-21-1Zoning; authority of county; municipality; exceptions; registered child care homes; licensed family child care homes; licensed group child care homes; licensed child care centers.In force
A. For the purpose of promoting health, safety, morals or the general welfare, a zoning authority may regulate and restrict within its jurisdiction the: (1) height, number of stories and size of buildings and other structures; (2) percentage of a lot that may be occupied; (3) size of yards, courts and other open space; (4) density of population; and (5) location and use of buildings, structures and land for trade, industry, residence or other purposes. B. The zoning authority may: (1) divide the territory under its jurisdiction into districts of such number, shape, area and form as is necessary to carry out the purposes of Sections 3-21-1 through 3-21-14 NMSA 1978; and (2) regulate or restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land in each district. All such regulations shall be uniform for each class or kind of building within each district, but regulation in one district may differ from regulation in another district. C.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
Cited in 18 court opinions in our collectionLatest citing opinion in our collection: 2021
Opinions citing this section in our collection:
- Westgate Families v. County Clerk of the Inc. County of Los Alamos (New Mexico Supreme Court 1983, 100 N.M. 146)“…ed by state law because nowhere in the Zoning Enabling Act, NMSA Sections 3-21-1 through 3-21-26 (Orig.Pamp. and Cum.Sup…”
- State Ex Rel. Haynes v. Bonem (New Mexico Supreme Court 1992, 114 N.M. 627)“…r such a challenge in the future. 10 . NMSA 1978, §§ 3-21-1 to -26 (Repl.Pamp.1985 & Cum.Supp.1992)…”
- Cerrillos Gravel Products, Inc. v. Board of County Commissioners (New Mexico Supreme Court 2005, 138 N.M. 126)“…as a way to protect public health, safety, and welfare. See NMSA 1978, §§ 3-21-1 to -14 (1965, as amended through 1995).…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
New Mexico Statutes Annotated 1978, Chapter 30
§ 30-37-1DefinitionsIn force
As used in this act: A. "minor" means any unmarried person who has not reached his eighteenth birthday; B. "nudity" means the showing of the male or female genitals, pubic area or buttocks with less than a full opaque covering, or the depiction of covered male genitals in a discernibly turgid state; C. "sexual conduct" means acts of masturbation, homosexuality, sodomy, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person be female, breast; D. "sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal; E. "sado-masochistic abuse" means flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained; F.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
Cited in 13 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- State v. Luna (New Mexico Court of Appeals 2018, 458 P.3d 457)“…to Minors Act, of 3 which Section 30-37-3 is a part. See NMSA 1978, § 30-37-1 (1973) (defining terms 4 “[a]s used i…”
- State v. Ebert (New Mexico Court of Appeals 2011, 150 N.M. 576)“…to include, among other acts, an “act of masturbation.” See NMSA 1978, § 30-37-1(C) (1973). Defendant characterizes his…”
- State v. Tufts (New Mexico Supreme Court 2016, 2016 NMSC 20)“…o the child obscene 4 electronic images of the adult. See NMSA 1978, § 30-37-1(C), (F)(1) (1973) 5 (defining what se…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 30-37-2Offenses; books; picturesIn force
It is unlawful for a person to knowingly sell, deliver, distribute, display for sale or provide to a minor, or knowingly to possess with intent to sell, deliver, distribute, display for sale or provide to a minor: A. any picture, photograph, drawing, sculpture, motion picture film or similar visual representation or image of a person or portion of the human body, or any replica, article or device having the appearance of either male or female genitals which depicts nudity, sexual conduct, sexual excitement or sado-masochistic abuse and which is harmful to minors; or B. any book, pamphlet, magazine, printed matter however produced or sound recording which contains any matter enumerated in Subsection A of this section or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sado-masochistic abuse and which, taken as a whole, is harmful to minors.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
Cited in 7 court opinions in our collectionLatest citing opinion in our collection: 2016
Opinions citing this section in our collection:
- State v. Corbin (New Mexico Court of Appeals 1991, 111 N.M. 707)“…rmine what conduct is criminal under the statute). See also NMSA 1978, § 30-37-2 (Repl. Pamp.1989) (prohibiting providin…”
- State v. Garcia (New Mexico Court of Appeals 2012, 3 N.M. 170)“…ge Defendant under the sexually oriented materials statute, NMSA 1978, § 30-37-2 (1973), which criminalizes providing ha…”
- State v. Tufts (New Mexico Court of Appeals 2015, 8 N.M. Ct. App. 286)“…Defendant is pretty clearly covered under another statute. NMSA 1978, Section 30-37-2(A) (1973) outlaws delivering or providi…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 30-37-7PenaltiesIn force
A. A person violating Section 30-37-2, 30-37-2.1, 30-37-3 or 30-37-3.1 NMSA 1978 is guilty of a misdemeanor. B. Any person violating the provisions of Section 30-37-6 NMSA 1978 shall be guilty of a petty misdemeanor.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2015
Opinions citing this section in our collection:
- State v. Tufts (New Mexico Court of Appeals 2015, 8 N.M. Ct. App. 286)“…on violating Section 30-37-2(A) is guilty of a misdemeanor. NMSA 1978, § 30-37-7(A) (1985). The language of a statute sh…”
- American Booksellers Ass'n, Inc. v. Schiff (District Court, D. New Mexico 1986, 649 F. Supp. 1009)“…tatute is classified as a petty misdemeanor. 3 N.M.Stat.Ann. § 30-37-7 (1985 Supp.). The recently enacted stat…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 30-37A-1Unauthorized distribution of sensitive images; penaltiesIn forcecited in 13 of our articles
A. Unauthorized distribution of sensitive images consists of distributing, publishing or otherwise making available, by an electronic communications device or other means, sensitive images of a person, with or without information identifying that person, without that person's consent: (1) with the intent to: (a) harass, humiliate or intimidate that person; (b) incite another to harass, humiliate or intimidate that person; (c) cause that person to reasonably fear for that person's own or family members' safety; (d) cause that person to suffer unwanted physical contact or injury; or (e) cause that person to suffer substantial emotional distress; and (2) where the conduct is such that it would cause a reasonable person to suffer substantial emotional distress. B.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- State v. Valerio (New Mexico Court of Appeals 2025)“…n for the purpose of transfer to or use by a prisoner”); NMSA 1978, § 30-37A-1(B)(1) (2015) (prohibiting the unauthori…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New Mexico Audio Recording Laws: One-Party Consent Rules and Penalties (2026), New Mexico Video Recording Laws: Surveillance, Filming, and Consent Rules (2026), New Mexico Voyeurism and Hidden Camera Laws: § 30-9-20 Penalties (2026)
§ 30-38-1Outdoor motion picture theatres; prohibited from showing obscene films.In force
A. It is unlawful for the owner or operator of an outdoor motion picture theatre to exhibit any obscene film in an outdoor theatre. B. For purposes of this section, "obscene film" means a film that: (1) the average person applying contemporary community standards would find that, when considered or taken as a whole, appeals to the prurient interests; (2) the material depicts or describes sexual conduct in a patently offensive way by representations of ultimate sexual acts, normal or perverted, actual or simulated; masturbation, excretory functions or lewd exhibitions of the genitals of oneself or another; tactile stimulation of the genitals of oneself or another; and (3) the work when considered or taken as a whole lacks serious literary, artistic, political or scientific value. C. It is unlawful for any person to violate the provisions of Subsection A of this section. In the event a person violates the provisions of Subsection A of this section any representative of the local government involved may, upon notice to the offending person, seek an injunction in the district court to enjoin the showing of the offending film.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 1986
Opinions citing this section in our collection:
- State v. Johnson (New Mexico Court of Appeals 1986, 104 N.M. 430)“…oscribing sexually oriented material harmful to minors; and NMSA 1978, sections 30-38-1 & -2 (Repl.Pamp.1980), prohibiting the…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 30-6A-3Sexual exploitation of childrenIn forcecited in 3 of our articles
A. It is unlawful for a person to intentionally possess any obscene visual or print medium depicting any prohibited sexual act or simulation of such an act if that person knows or has reason to know that the obscene medium depicts any prohibited sexual act or simulation of such act and if that person knows or has reason to know that one or more of the participants in that act is a child under eighteen years of age. A person who violates the provisions of this subsection is guilty of a fourth degree felony for sexual exploitation of children and shall be sentenced pursuant to the provisions of Section 31- 18-15 NMSA 1978. When a separate finding of fact made by a court or jury shows beyond a reasonable doubt that a child depicted in the visual or print medium is a child under the age of thirteen, the basic sentence shall be increased by one year, and the sentence imposed by this subsection shall be the first year served and shall not be suspended or deferred; provided that when the offender is a youthful offender, the sentence imposed by this subsection may be increased by one year. B.
Official text (excerpt) · last checked 2026-08-31 · Read the full text in our law library · Verify at nmonesource.com
Cited in 57 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):State v. Olsson (2014) held that Section 30-6A-3(A) does not clearly set the unit of prosecution, so under the rule of lenity defendants who possessed many images faced only one possession count. State v. Myers (2009) held covert bathroom video of minors depicted a prohibited sexual act and was obscene under the Act.
Opinions citing this section in our collection:
- State v. Santillanes (New Mexico Supreme Court 2001, 130 N.M. 464)“…ther, New Mexico's sexual-exploitation-of-children statute, NMSA 1978, § 30-6A-3 (1993), and sexual-exploitation-of-chil…”
- State v. Riley (New Mexico Supreme Court 2010, 147 N.M. 557)“…tent to punish unitary conduct under more than one statute. NMSA 1978, § 30-6A-3(G) (1984, amended 2007) (“The penalties…”
- State v. Druktenis (New Mexico Court of Appeals 2004, 135 N.M. 223)“…nder Section 30-9-13; sexual exploitation of children under NMSA 1978, § 30-6A-3(A), (B), (C) (2001); sexual exploitatio…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New Mexico Sexting Laws: Legal Consequences and Penalties
§ 30-9-14Indecent exposureIn force
A. Indecent exposure consists of a person knowingly and intentionally exposing his primary genital area to public view. B. As used in this section, "primary genital area" means the mons pubis, penis, testicles, mons veneris, vulva or vagina. C. Whoever commits indecent exposure is guilty of a misdemeanor. D. In addition to any punishment provided pursuant to the provisions of this section, the court shall order a person convicted for committing indecent exposure to participate in and complete a program of professional counseling at his own expense.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
Cited in 8 court opinions in our collectionLatest citing opinion in our collection: 2019
Opinions citing this section in our collection:
- State v. Hall (New Mexico Supreme Court 2012, 3 N.M. 204)“…ns pubis, penis, testicles, mons veneris, vulva or vagina.” NMSA 1978, §§ 30-9-14(B), 30-9-14.3(B) (1996). The State has…”
- State v. Henderson (New Mexico Supreme Court 1993, 116 N.M. 537)“…p down” instructions on the crime of indecent exposure, see NMSA 1978, § 30-9-14 (Repl.Pamp.1984), as a lesser included…”
- State v. Romero (New Mexico Court of Appeals 1985, 103 N.M. 532)“…tute. The offense of indecent exposure as defined by NMSA 1978, Section 30-9-14 (Repl.Pamp.) Indecent exposure c…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 30-9-14.3Aggravated indecent exposureIn force
A. Aggravated indecent exposure consists of a person knowingly and intentionally exposing his primary genital area to public view in a lewd and lascivious manner, with the intent to threaten or intimidate another person, while committing one or more of the following acts or criminal offenses: (1) exposure to a child less than eighteen years of age; (2) assault, as provided in Section 30-3-1 NMSA 1978; (3) aggravated assault, as provided in Section 30-3-2 NMSA 1978; (4) assault with intent to commit a violent felony, as provided in Section 30-3- 3 NMSA 1978; (5) battery, as provided in Section 30-3-4 NMSA 1978; (6) aggravated battery, as provided in Section 30-3-5 NMSA 1978; (7) criminal sexual penetration, as provided in Section 30-9-11 NMSA 1978; or (8) abuse of a child, as provided in Section 30-6-1 NMSA 1978. B. As used in this section, "primary genital area" means the mons pubis, penis, testicles, mons veneris, vulva or vagina. C. Whoever commits aggravated indecent exposure is guilty of a fourth degree felony. D.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
Cited in 6 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- State v. Archuleta (New Mexico Court of Appeals 2023, 536 P.3d 528)“…hird case with two counts of indecent exposure, contrary to NMSA 1978, Section 30-9-14.3(A)(1) (1996); and two counts of assault…”
- State v. Hall (New Mexico Court of Appeals 2011, 149 N.M. 546)“…(8) aggravated indecent exposure, as provided in Section 30-9-14.3 NMSA 1978; (9) enticem…”
- State v. Orr (New Mexico Court of Appeals 2013, 2013 NMCA 69)“…3); (4) attempted aggravated indecent exposure, contrary to NMSA 1978, Section 30-9-14.3 (1996) and Section 30-28-1; and (5) att…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
United States Code Title 18
§ 1466AObscene visual representations of the sexual abuse of childrenIn forcecited in 4 of our articles
Any person who, in a circumstance described in subsection (d), knowingly produces, distributes, receives, or possesses with intent to distribute, a visual depiction of any kind, including a drawing, cartoon, sculpture, or painting, that— depicts a minor engaging in sexually explicit conduct; and is obscene; or depicts an image that is, or appears to be, of a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; and lacks serious literary, artistic, political, or scientific value; or attempts or conspires to do so, shall be subject to the penalties provided in section 2252A(b)(1), including the penalties provided for cases involving a prior conviction.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 82 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- United States v. Jason M. Moriarty (Court of Appeals for the Eleventh Circuit 2005, 429 F.3d 1012)“…nor engaging in sexually explicit conduct, in violation of 18 U.S.C. § 1466A(a)(1) and (2) (Count Three). Moriarty…”
- United States v. Schales (Court of Appeals for the Ninth Circuit 2008)“…inor engaging in sexually explicit conduct that is obscene, 18 U.S.C. § 1466A(a)(l). On appeal, Schales launches an a…”
- United States v. Whorley (Court of Appeals for the Fourth Circuit 2008, 550 F.3d 326)“…icit conduct, the same 20 anime cartoons, in vio- lation of 18 U.S.C. § 1466A(a)(1); (3) knowingly receiving, as a pe…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New Jersey Pornography Laws, New Jersey Pornography Laws (2026): Legality and Penalties, New York Pornography Laws (2026): Legality and Penalties
§ 2257Record keeping requirementsIn forcecited in 33 of our articles
Whoever produces any book, magazine, periodical, film, videotape, digital image, digitally- or computer-manipulated image of an actual human being, picture, or other matter which— contains one or more visual depictions made after November 1, 1990 of actual sexually explicit conduct; and is produced in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce, or is shipped or transported or is intended for shipment or transportation in interstate or foreign commerce; shall create and maintain individually identifiable records pertaining to every performer portrayed in such a visual depiction.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 68 court opinions in our collectionLatest citing opinion in our collection: 2025
In the courts (editorial summary, independently checked):Connection Distributing Co. v. The Honorable Janet Reno (1998) affirmed denial of a preliminary injunction against section 2257. Free Speech Coalition, Inc. v. Attorney General of the United States (2012) reviewed it as content neutral under intermediate scrutiny, a standard the Third Circuit later replaced with strict scrutiny.
Opinions citing this section in our collection:
- United States v. X-Citement Video, Inc. (Supreme Court of the United States 1994, 513 U.S. 64)“…rformers with independent penalties for failure to comply. 18 U. S. C. §§ 2257 (a) and (i) (1988 ed. and Supp. V); Am…”
- Connection Distributing Co. v. The Honorable Janet Reno (Court of Appeals for the Sixth Circuit 1998, 154 F.3d 281)✓A swingers magazine that ran readers' sexually explicit ads challenged section 2257's age record and labeling duties; the court treated the statute as content neutral, found no substantial likelihood of First Amendment success, and affirmed denial of a preliminary injunction.
- Free Speech Coalition, Inc. v. Attorney General of the United States (Court of Appeals for the Third Circuit 2012, 677 F.3d 519)✓Adult film producers, photographers and sex educators challenged section 2257's recordkeeping duties; the court held the statutes content neutral and found they advance protecting children, but vacated dismissal of the First and Fourth Amendment claims for record development.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: How to File a DMCA Takedown on Xvideos (2026 Guide), West Virginia Voyeurism Laws: Hidden Cameras and Privacy Violations, Illinois Pornography Laws (2026): Legality & No AV Law Yet
Explore the law
The laws cited above reference these related sections in their own text:
- New Mexico Statutes Annotated 1978, Chapter 31 § 31-18-15 — Sentencing authority; noncapital felonies; basic sentences and fines; parole authority; meritorious deductions. view in our statute record · read at the official source
Related law for further reading — not part of this article’s citations.
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- New Mexico Statutes, Chapter 30 - Criminal Offenses, full article listing (confirms no freestanding general adult-obscenity article; obscenity-adjacent provisions limited to Article 37, minors, and Article 38, outdoor theaters)(law.justia.com)
- NMSA 30-6A-3, Sexual Exploitation of Children (possession, fourth-degree felony; distribution, third-degree felony; manufacturing, second-degree felony)(law.justia.com)
- NMSA 30-37-2 and 30-37-7, Sexually Oriented Material Harmful to Minors (offenses and penalty, misdemeanor)(law.justia.com)
- NMSA 30-37A-1, Unauthorized Distribution of Sensitive Images (misdemeanor first offense, fourth-degree felony second or subsequent)(law.justia.com)
- NMSA 30-9-14, Indecent exposure, and 30-9-14.3, Aggravated indecent exposure (fourth-degree felony)(law.justia.com)
- NMSA 30-38-1, Outdoor motion picture theatres prohibited from showing obscene films (civil injunction remedy)(law.justia.com)
- NMSA 3-21-1, Zoning; authority of county or municipality (basis for local adult-business zoning)(law.justia.com)
- New Mexico House Bill 44 (2025), Protection of Minors from Distribution of Harmful Materials Act, died in committee(nmlegis.gov).gov
- New Mexico House Bill 313 (2025), Digital Age Verification Act, died in committee(nmlegis.gov).gov
- TAKE IT DOWN Act, Public Law 119-12 (May 19, 2025), 48-hour platform removal duty for nonconsensual intimate images and digital forgeries(govinfo.gov).gov
- DOJ Citizen's Guide to U.S. Federal Law on Obscenity, 18 U.S.C. 1466A(justice.gov).gov