Grants, NM asked in Civil Rights and Gov & Administrative Law for New Mexico

Q: Do I need to report a 4-day out-of-state trip as a registered sex offender in NM?

In the State of New Mexico, as a registered sex offender who is not on probation or parole and updates registration details every 90 days, am I legally required to report a vacation trip out of state that lasts 4 days and 3 nights? I reported a similar trip to Colorado in June 2024. Could this reporting requirement violate my rights, as it feels similar to being on parole or probation?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Under New Mexico law, if you were convicted after July 1, 2013, you are required to report changes to your living arrangements or temporary location within five business days of the change. If your conviction predates July 1, 2013, the reporting requirement would be within ten days. This applies to temporary stays in other locations, including your planned 4-day out-of-state trip.

The New Mexico Sex Offender Registration and Notification Act specifically states that registered sex offenders must register each address or temporary location with the county sheriff for each county in which they are "living or temporarily located" with notification required "no later than five business days after a change in living arrangements or temporary location." This statutory language indicates that even temporary trips like yours would fall under reporting requirements.

While New Mexico is described as "pretty lenient" regarding residential restrictions, allowing registered offenders to "freely travel to other states if they follow the visiting state's registry laws," you must still comply with New Mexico's reporting requirements before departure. Your previous reporting of a similar trip to Colorado suggests you were correctly following the procedure. Regarding your concern about these requirements resembling probation or parole conditions, courts have generally upheld registration requirements as regulatory rather than punitive measures, though legal challenges continue on constitutional grounds in various jurisdictions.

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