Sex in the States
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Wondering what's going on in your state? See how your state stacks up on sexuality issues for teens. And don't forget to find out how to make a difference on these issues.
Sex ed Rights
- New Mexico state law requires schools to provide sex education.
- Abstinence must be covered and stressed as the only completely effective protection against unplanned pregnancy, sexually transmitted diseases, and HIV/AIDS when transmitted sexually.
- Teaching about contraceptives, such as condoms and the Pill, is required.
- You do not need your parents’ permission to participate in sex ed or HIV/AIDS education classes. Your parents can take you out of classes if they object to what is being taught. This is called an “opt-out” policy.
- Parents, staff and students are all to be involved in the sex ed materials that will be used.
HIV/AIDS and Other STDs Education
- New Mexico state law requires STDs and HIV/AIDS education.
- Abstinence is to be stressed as a method to use when avoiding getting HIV.
- If you want your school to offer comprehensive sex ed classes, be sure to learn more at SIECUS about your state. You can make a difference!
Age of Minority
- In New Mexico, as with most states, you are considered a minor (someone who is not an adult) if you are under 18 years old.
- This is a legal status that lawmakers created for your protection. We want you to be informed because being a “minor” affects your right to information and services. To learn more, read on!
Age of Consent
- Legally, people can’t consent (or agree) to sex (with someone who is considered an adult) until they reach a specific age. This is called the “age of consent.”Consent laws are meant to protect minors from being manipulated or forced into sex with older people.
- The age of consent in New Mexico is 17.
- In New Mexico, there are non-discrimination laws and policies that protect students who are bullied based on sexual orientation, but there are not similar laws for those bullied based on gender identity.
- There are anti-bullying laws to protect students based on sexual orientation but not based on gender identity.
- State hate crimes laws include sexual orientation and gender identity.
- If discrimination, harassment or a hate crime happens to you or someone you know, please call the Gay and Lesbian National Hotline at 1-888-THE-GLNH (843-4564) for help and support, or check out Lambda Legal. No one deserves discrimination or harassment!
HIV / AIDS Testing
- In New Mexico, you can get tested for sexually transmitted diseases (STDs) and HIV without a parent or guardian’s permission; however, you can’t be treated for HIV/AIDS without a parent or guardian’s permission.
- Especially if you’re under 18, it’s important for you to ask questions about confidentiality when you call to make your appointment. Specifically ask, “If I make an appointment and receive any kind of services at your clinic, will you tell my parents or anyone else?” This applies to all services, including testing for pregnancy and sexually transmitted infections, including HIV.
- Find an HIV testing site in your area here or call the Centers for Disease Control’s 24-hour National AIDS Hotline at 1-800-CDC-INFO (232-4636).
- People of any age, including teens, can buy condoms from a drugstore, pharmacy, grocery store or even online. A pack of twelve condoms costs about $12. Internal or female condoms are about $2 to $4 per condom.
- You can get condoms for free or at a reduced cost from health clinics (like Planned Parenthood), HIV testing centers and local health departments. Call 1-800-230-PLAN (7526) for the nearest Planned Parenthood.
- Always check the expiration date on condoms to make sure that the condoms haven’t expired yet. For information on how to use a condom correctly, check out this FAQ. Learn all about internal/female condoms on Sexetc.org.
- In New Mexico minors (those under 18) are allowed to get a prescription for birth control without a parent’s permission.
- Clinics called “Title X clinics”—pronounced “title ten”—provide confidential sexual and reproductive health care to both teens and adults. Title X clinics offer many services, including prescriptions for the Pill, pregnancy option counseling, and testing for pregnancy and sexually transmitted diseases and infections, including HIV.
- These clinics charge on what’s called a sliding-scale fee basis, which means they help you pay what you can afford, and you can pay in cash. If you pay for your visit by using your family’s health insurance, then your parents are likely to see the bill when it arrives in the mail.
- Call 1-800-230-PLAN (7526) for the nearest Planned Parenthood.
- Or use this tool to find a Title X clinic near you:
- When you make an appointment for health care, ask about confidentiality rules. When you call, ask:
- Can I get services at your office without my parents’ permission?
- Can my parent/s have access to my records?
- Will my parent/s see the bill?
- It is your right to get sexual and reproductive health care where you feel safe and comfortable, so don’t worry about asking these questions.
This section is currently being updated and may not have the most current information (as you know, these laws have been shifting quickly). We are working to refresh it ASAP! For now, you can see updated abortion policies here.
- In New Mexico, if you are under or over 18 years old and want an abortion, you are not required to ask your parent(s) or guardian(s) for permission or to tell them.
- There is no mandatory waiting period in New Mexico before a teen can get an abortion.
- New Mexico provides Medicaid (health care) coverage for medically necessary abortions.
- If you need more information on abortion or help paying for an abortion, call the National Abortion Federation Hotline at 1-800-772-9100, Monday–Friday, 7 a.m. to 11 p.m.; Saturday–Sunday, 9 a.m. to 9 p.m. (Eastern Daylight Time).
- To learn about adoption, visit the National Council for Adoption.
- You don’t need a prescription from a doctor or health care provider to get a pregnancy test. You can purchase a pregnancy test from a pharmacy, grocery store or online. They cost between $10 and $18. You can also take a pregnancy test at a doctor’s office or clinic, like Planned Parenthood. Many clinics offer free or reduced-cost pregnancy tests.
- Visits to clinics known as Title X (ten) clinics are confidential for teens and adults.
- Use this tool to find a Title X clinic near you:
- Or call 1-800-230-PLAN (7526) for the nearest Planned Parenthood.
- If you pay for your visit by using your family’s health insurance, your parents are likely to see the details of your visit when the bill arrives. Almost all clinics provide free or reduced-cost services to teens to make it easier to afford services.
- Beware of so-called crisis pregnancy centers (CPCs). These centers claim to give you complete and accurate information about your pregnancy options when they actually want to discourage you from getting an abortion. They offer misleading and medically inaccurate information about abortion. Common names of these centers are “Crisis Pregnancy Center,” “Pregnancy Aid,” “Birth Right,” “Open Door” or “Pregnancy Counseling Center.” They are often set up near clinics and Planned Parenthood locations in order to confuse patients to accidentally enter the CPC instead.
- There are several types—or “brands”—of emergency contraception, sometimes called EC or the morning after pill.
- People of any age can buy the brand Plan B One Step and its generic versions at a local pharmacy over the counter, which means you can buy EC without a prescription.
- EC sells for between $35 and $60. Prices vary depending on the brand and the pharmacy.
- To find an EC provider, call the Emergency Contraception Hotline at 1-888-NOT-2-LATE (668-2528). They can help you find access to EC if you’re having any trouble at all.
- New Mexico requires emergency rooms to provide EC or information on EC to rape survivors.
- If you have been raped and you want EC, call the National Sexual Assault Hotline at 1-800-656-HOPE (4673). Open 24 hours, the hotline will connect you to EC providers near you. For other helpful information, check out the Rape, Abuse & Incest National Network’s Web site.
- New Mexico law allows teens between 14 and 18 to consensual sexting—which means the sexts have to be “knowingly and voluntarily” sent and received. Teens between ages 14 and 18 will not face child pornography laws for consensual sexting due to this law.
- Sexing between and adult and a minor can be considered child pornography.
- It’s important to be aware since laws are just starting to address the issue of sexting and minors!
“An Overview of Abortion Laws,” State Laws and Policies,” Guttmacher Institute, December 2017, https://www.guttmacher.org/state-policy/explore/overview-abortion-laws Accessed December 2017.
“An Overview of Minors’ Consent Laws,” State Laws and Policies, Guttmacher Institute, December 2017, https://www.guttmacher.org/state-policy/explore/overview-minors-consent-law Accessed December 2017.
“Citizen’s Guide to United States Federal Child Exploitation and Obscenity Laws,” The U.S. Department of Justice, November 2015, https://www.justice.gov/criminal-ceos/citizens-guide-us-federal-child-exploitation-and-obscenity-laws Accessed December 2017.
“Counseling and Waiting Periods for Abortion,” State Laws and Policies, Guttmacher Institute, December 2017, https://www.guttmacher.org/state-policy/explore/counseling-and-waiting-periods-abortion Accessed December 2017.
“Emergency Contraception,” State Laws and Policies, Guttmacher Institute, December 2017, https://www.guttmacher.org/state-policy/explore/emergency-contraception Accessed December 2017.
“Emergency Room Requirements to Offer Emergency Contraception Services to Sexual Assault Survivors,” Henry J. Kaiser Family Foundation, June 2017, https://www.kff.org/womens-health-policy/state-indicator/emergency-room-ec-requirements/ Accessed December 2017.
“Mandatory Waiting Periods For Women Seeking Abortion,” Kaiser Family Foundation, April 2017, https://www.kff.org/womens-health-policy/state-indicator/mandatory-waiting-periods/ Accessed December 2017.
“Minors’ Access to Contraceptive Services,” State Laws and Policies, Guttmacher Institute, December 2017, https://www.guttmacher.org/state-policy/explore/minors-access-contraceptive-services Accessed December 2017.
“Minors’ Access to STI Services,” State Laws and Policies, Guttmacher Institute, December 2017, https://www.guttmacher.org/state-policy/explore/minors-access-sti-services Accessed December 2017.
“New Mexico Statutes.” New Mexico Legislature, State of New Mexico. Accessed December 2017.
“Parental Consent and Notification Laws,” Planned Parenthood, 2017, https://www.plannedparenthood.org/learn/teens/preventing-pregnancy-stds/parental-consent-and-notification-laws Accessed December 2017.
“Parental Involvement in Minors’ Abortions,” State Laws and Policies, Guttmacher Institute, December 2017, https://www.guttmacher.org/state-policy/explore/parental-involvement-minors-abortions Accessed December 2017.
“Refusing to Provide Health Services,” State Laws and Policies, Guttmacher Institute, December 2017, https://www.guttmacher.org/state-policy/explore/refusing-provide-health-services Accessed December 2017.
“Safe Schools Laws,” Movement Advancement Project, 2017, http://www.lgbtmap.org/equality-maps/safe_school_laws Accessed December 2017.
“Sex and HIV Education,” State Laws and Policies, Guttmacher Institute, December 2017, https://www.guttmacher.org/state-policy/explore/sex-and-hiv-education Accessed December 2017.
“State Funding of Abortion Under Medicaid,” State Laws and Policies, Guttmacher Institute, December 2017, https://www.guttmacher.org/state-policy/explore/state-funding-abortion-under-medicaid Accessed December 2017.
“State Laws and Policies Across the United States,” SIECUS, www.siecus.org, 2017, Accessed December 2017.
State Profiles Fiscal Year 2017, New Mexico,” SIECUS, www.siecus.org, 2017, Accessed December 2017.
“State Laws, New Mexico,” Office of the Assistant Secretary for Planning and Evaluation, U.S. Department of Health and Human Services, 2000. https://aspe.hhs.gov/report/state-laws Accessed December 2017.
“The Laws in Your State: New Mexico,” RAINN, December 2016, https://www.rainn.org/laws-your-state-new-mexico Accessed December 2017.