City of Albuquerque - File #: O-26-48

• File #: O-26-48
• Type: Ordinance
• Status: Adopted
• File created: 6/15/2026
• In control: City Council
• Final action: 9/9/2026
• Title: Amending ROA 1994, Chapter 12, Article 1, Section 4 “Definitions” To Align With State Statute (Peña)
• Sponsors: Klarissa J. Peña

Date	Action By	Action	Result
9/15/2026	City Council	Sent to Mayor for Signature
9/9/2026	City Council	Passed	Pass
8/17/2026	City Council	Accepted with a Recommendation Do Pass
8/10/2026	Finance & Government Operations Committee	Sent to Council with a recommendation of Do Pass	Pass
6/15/2026	City Council	Introduced and Referred
6/15/2026	President	Referred

CITY of ALBUQUERQUE
TWENTY SEVENTH COUNCIL


COUNCIL BILL NO. O-26-48 ENACTMENT NO. ________________________

SPONSORED BY: Klarissa J. Peña


ORDINANCE
title
Amending ROA 1994, Chapter 12, Article 1, Section 4 “Definitions” To Align With State Statute (Peña)
body
AMENDING ROA 1994, CHAPTER 12, ARTICLE 1, SECTION 4 “DEFINITIONS” TO ALIGN WITH STATE STATUTE.
WHEREAS, pursuant to NMSA 1978, Section 30-9-11(A), “criminal sexual penetration” is defined as “the unlawful and intentional causing of a person to engage in sexual intercourse, cunnilingus, fellatio or anal intercourse or the causing of penetration, to any extent and with any object, of the genital or anal openings of another, whether or not there is any emission”; and
WHEREAS, pursuant to NMSA 1978, Section 30-9-13, “criminal sexual contact of a minor” is defined as “the unlawful and intentional touching of or applying force to the intimate parts of a minor or the unlawful and intentional causing of a minor to touch one’s intimate parts. For the purposes of this Section, "intimate parts" means the primary genital area, groin, buttocks, anus or breast”; and
WHEREAS, the City’s criminal code definitions of “criminal sexual penetration” and “criminal sexual contact of a minor” are based off previous definitions of these offenses and exclude criminal contact for an offender’s spouse; and
WHEREAS, the state statute definitions of “criminal sexual penetration” and “criminal sexual contact of a minor” have not included this previous definition that exclude criminal contact for an offender’s spouse since they were amended in 1991; and
WHEREAS, preemption principles forbid the City’s criminal code from providing a different definition of criminal acts.
BE IT ORDAINED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:
SECTION 1. ROA 1994, Section 12-1-4 is hereby amended as follows:
§ 12-1-4 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply ...