Emancipation of Minors
Under New Mexico State Statute 32A-21-7 a minor may petition the children's court of the district in which he resides for emancipation. To help a minor petition for emancipation, call the clerk of the court of the county the child lives in and ask for directions on filing, court fees vary depending on county however a judge can waive this fee. Emancipation is a straightforward process and does not require an attorney, however it is important to show the judge that the minor has a stable plan for their future and finances.
Download the Emancipation Packet Here:
State Statutes on Emancipation:
Children's Court Division
5100 2nd St NW
Albuquerque, NM 87107
Catholic Charities (CICLA)
Albuquerque Contact Information:
2010 Bridge SW
Albuquerque, NM 87105
505.724.4662 or 505.724.4631
Santa Fe Contact Information:
1234 San Felipe Ave
Santa Fe, NM 87505
Description of Services:
- Free immigration and legal assistance to immigrant victims of domestic violence and sexual assault in determining/gaining immigration benefits
New Mexico Immigrant Law Center
714 4th St SW
Albuquerque, NM 87102
Phone - 505.247.1023
How to Obtain Services:
- Call 505.247.1023 to determine if the case meets the eligibility criteria for a Visa.
NM Statute on Human Trafficking
Chapter 30 - Criminal Offenses Article 52
30-52-1. Human trafficking. (2008)
A. Human trafficking consists of a person knowingly:
(1) recruiting, soliciting, enticing, transporting or obtaining by any means another person with the intent or knowledge that force, fraud or coercion will be used to subject the person to labor, services or commercial sexual activity;
(2) recruiting, soliciting, enticing, transporting or obtaining by any means a person under the age of eighteen years with the intent or knowledge that the person will be caused to engage in commercial sexual activity; or
(3) benefiting, financially or by receiving anything of value, from the labor, services or commercial sexual activity of another person with the knowledge that force, fraud or coercion was used to obtain the labor, services or commercial sexual activity.
B. The attorney general and the district attorney in the county of jurisdiction have concurrent jurisdiction to enforce the provisions of this section.
C. Whoever commits human trafficking is guilty of a third degree felony; except if the victim is under the age of:
(1) sixteen, the person is guilty of a second degree felony; or
(2) thirteen, the person is guilty of a first degree felony
D. Prosecution pursuant to this section shall not prevent prosecution pursuant to
any other provision of the law when the conduct also constitutes a violation of that other provision.
E. In a prosecution pursuant to this section, a human trafficking victim shall not be charged with accessory to the crime of human trafficking.
F. A person convicted of human trafficking shall, in addition to any other punishment, be ordered to make restitution to the victim for the gross income or value of the victim's labor or services and any other actual damages in accordance with Section 31-17-1 NMSA 1978.
G. As used in this section:
(1) "coercion" means:
(a) causing or threatening to cause harm to any person;
(b) using or threatening to use physical force against any person;
(c) abusing or threatening to abuse the law or legal process;
(d) threatening to report the immigration status of any person to governmental authorities; or
(e) knowingly destroying, concealing, removing, confiscating or retaining any actual or purported government document of any person; and
(2) "commercial sexual activity" means any sexual act or sexually explicit exhibition for which anything of value is given, promised to or received by any person.
History: Laws 2008, ch. 17, § 1.