State of New Mexico v. Matt Martinez

Albuquerque, New Mexico, criminal defense lawyer represents the Defendant charged with voyeurism, in violation of New Mexico Statutes Section 30-9-20 defines voyeurism as intentionally viewing or recording the intimate areas of an unconsenting person without their knowledge in a private space or anywhere with a reasonable expectation of privacy.

Definition and Prohibited Acts

Under New Mexico Statutes Section 30-9-20, voyeurism involves:
• The Act: Using the unaided eye or an instrumentality (such as a camera, phone, or electronic device) to view, photograph, videotape, film, webcast, or record someone.
• Intimate Areas: The primary genital area, groin, buttocks, anus, breasts, or the undergarments covering those areas.
• Location / Context: The interior of a bedroom, bathroom, changing room, fitting room, dressing room, tanning booth, or any place where the person has a reasonable expectation of privacy.

Penalties

• Misdemeanor: Generally punished as a misdemeanor for adult victims.
• Fourth-Degree Felony: Elevated to a fourth-degree felony if the victim is under 18 years of age.

Exceptions

The law does not apply to lawful actions by law enforcement officers or corrections/jail officials conducting official criminal investigations, monitoring misconduct, or performing security checks.

A 17-year-old d girl was getting dressed in her northeast Albuquerque home when she saw a man looking in her window. The girl’s mother ran outside to confront the man, who told her he was looking for his lost dog. A neighbor saw the confrontation and told police she recognized the man as Matt Martinez, who had been a substitute teacher for her class.

A criminal charge is not proof of guilt.