New Mexico § 30-1-16 - Defense based on victim's gender, gender identity, gender expression or sexual orientation prohibited

§ 30-1-16. Defense based on victim's gender, gender identity, gender expression or sexual orientation prohibited

A. It shall not be a defense, justification or excuse in a criminal proceeding that

the defendant's conduct was a reaction to the discovery of, knowledge about or potential

disclosure of a victim's or witness's actual or perceived: (1) gender; (2) gender expression; (3) gender identity; or (4) sexual orientation. B. It shall not be a defense, justification or excuse in a criminal proceeding that

the defendant was romantically propositioned in a nonviolent or non-threatening manner

by a person of the same gender or a person who is transgender. C. Nothing in this section shall prevent a defendant from raising other recognized

affirmative defense. D. As used in this section: (1) “ gender expression ” means the external appearance of a person's gender identity, often expressed through

the person's behavior, physical appearance or voice, which expression may or may not

conform to socially defined behaviors and characteristics typically associated with

masculinity or femininity; (2) “ gender identity ” means a person's self-perception, or perception of that person by another, of the

person's identity as a male or female based upon the person's appearance, behavior

or physical characteristics that are in accord with or opposed to the person's physical

anatomy, chromosomal sex or sex at birth; and (3) “ sexual orientation ” means heterosexuality, homosexuality or bisexuality, whether actual or perceived.