A. A test designed to identify any sexually transmitted infection may be performed on an offender convicted pursuant to state law of any criminal offense:

Terms Used In New Mexico Statutes 24-1-9.1

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.

(1)     involving contact between the penis and the vulva; (2)     involving contact between the penis and anus;

(3)     involving contact between the mouth and penis; (4)     involving contact between the mouth and vulva; (5)     involving contact between the mouth and anus; or

(6)     when the court determines from the facts of the case that there was a transmission or likelihood of transmission of bodily fluids from the offender to the victim of the criminal offense.

B. When consent to perform a test on an offender cannot be obtained, the victim of a criminal offense described in Subsection A of this section may petition the court to order that a test be performed on the offender. When the victim of the criminal offense is a minor or incompetent, the parent or legal guardian of the victim may petition the court to order that a test be performed on the offender. The court shall order and the test shall be administered to the offender within ten days after the petition is filed by the victim or the victim’s parent or guardian. Except for disclosures made pursuant to Section 24-1-7 N.M. Stat. Ann., the results of the test shall be disclosed only to the offender and to the victim or the victim’s parent or legal guardian.

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