New Mexico § 30-1-16 - Defense based on victim's gender, gender identity, gender expression or sexual orientation prohibited
Full text of New Mexico New Mexico Statutes Annotated § 30-1-16 — Defense based on victim's gender, gender identity, gender expression or sexual orientation prohibited, with citation guidance and answers to common questions.
§ 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.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 30-1-16
What does New Mexico Statutes Annotated § 30-1-16 cover?
Section 30-1-16 ("Defense based on victim's gender, gender identity, gender expression or sexual orientation prohibited") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Mexico § 30-1-16?
A common citation format is "New Mexico Statutes Annotated § 30-1-16" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Mexico law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.
How does New Mexico § 30-1-16 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.