Law / United States / New Mexico

Sexual Exploitation of Children Act, morphed and computer-generated image provisions

N.M. Stat. Ann. § 30-6A-3(F), (G)

In force.

An AI prohibited practices rule binding public and private bodies.

Obligation class
Prohibition
Audit expectation
none
Setting the rule reaches
General

What it requires

  • Do not manufacture an obscene visual or print medium, including a computer or electronically generated image, video or similar work, depicting a prohibited sexual act in which a real, identifiable child under eighteen, who was not an actual participant, is depicted as a participant.
  • Do not distribute such a medium.
  • The medium need not involve any actual child engaging in the depicted act to violate this section, only a real child's identity depicted as if they were; an artificial-intelligence-generated or artificial-intelligence-altered image or video that inserts or morphs a real child's likeness into sexually explicit content falls within this definition.

These lines are LexLint's reading of the law's text.

In the frameworks

NIST AI RMF
  • MAP 3.3Targeted application scope is specified and documented based on the system’s capability, established context, and AI system categorization.
NIST AI 600-1
MIT mitigations Draft
  • 1.5Safety Decision Frameworks
  • 3.3Access Management
FINOS AIGF
ETSI EN 304 223
  • 5.1.2-1Business need and security risks written down and assessed before deciding to build an AI system.
  • 5.1.4-5End-users told which uses of the system are prohibited.

Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law

Identifiers refer to ETSI EN 304 223 V2.1.1 (2025-12), © ETSI 2025, all rights reserved. ETSI owns the standard; no ETSI text (titles or sentences) is reproduced here. The standard is free to download from ETSI.

If you get it wrong

Criminal exposureYes

Criminal exposure note

Manufacturing an obscene visual or print medium in which a real child, who was not an actual participant, is depicted as a participant in a prohibited sexual act is a fourth degree felony under Section 30-6A-3(F); distributing the same is a third degree felony under Section 30-6A-3(G).

What it makes you log

Logging duty

Section 30-6A-3(F) and (G) criminalize manufacturing and distributing an obscene medium, including a computer or electronically generated one, depicting an identifiable real child as a participant in a prohibited sexual act. Neither subsection states a duty for anyone to create, keep, or produce a record; they are prohibitions enforced through ordinary criminal investigation and prosecution.

Kind
None
As of

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

The Sexual Exploitation of Children Act defines a visual or print medium to include a computer diskette, videotape, videodisc, or any computer or electronically generated imagery (Section 30-6A-2(B)), so the Act's coverage is not limited to a photograph of a real event.

Section 30-6A-3(F) makes it unlawful to intentionally manufacture an obscene visual or print medium depicting a prohibited sexual act if the person knows or has reason to know that a real child under eighteen, who is not a participant, is depicted as a participant in that act, a fourth degree felony. Section 30-6A-3(G) makes distributing such a medium a third degree felony.

Neither subsection requires that any child actually engaged in the depicted conduct; both reach a medium, including one that is computer or electronically generated, that depicts an identifiable real child as if they were a participant in a prohibited sexual act when they were not, which covers an artificial-intelligence-generated or artificial-intelligence-altered image or video inserting or morphing a real child's likeness into sexually explicit content.

House Bill 65 of 2016 restated Section 30-6A-3, including subsections (F) and (G), and declares an emergency, taking effect on the day of the Governor's signature. The annotations to the New Mexico Compilation Commission's compilation record the 2016 amendment of this section as effective . The same annotations record that the 2007 amendment, effective , added Subsections E and F and relettered former Subsection E as Subsection G.

When LexLint raises it

When your app profile says your app generates images with AI, generates video with AI or publishes adult content.

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