Having sex with someone under 18, if the offender is over 30, is also considered rape. This applies to both males and females, and to both heterosexual and homosexual conduct. Punishments vary depending on the respective ages of both victim and offender. From the amounts collected for each case, an amount equal to the costs of pursuing the action shall be deposited with the treasurer of the county in which the judgment was entered, and the remainder shall be deposited in the Underage Pregnancy Prevention Fund, which is hereby created in the State Treasury. In New Mexico, the age of consent is 17 years old. This close-in-age exception exists because statutory rape laws are meant to prevent minors from being sexually exploited by adults.
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