Your parents would be within their legal rights to file a complaint with police against the 18 year old and/or take other action to legally prevent the relationship from continuing by exercising their parental authority. After a complaint is filed, the parents have little to no control over the outcome of any criminal charges or arrests. It is the New Mexico state prosecutor who determines if an investigation is warranted and if state law has been violated. The prosecutor would make the decision (or not) to file charges and make an arrest. In criminal cases, it is "State of New Mexico VS. the 18 year old."

30-9-11 Criminal Sexual Penetration

30-9-12. Criminal sexual contact.

30-9-13. Criminal sexual contact of a minor.

Based on the information provided in the question, it would be difficult to answer the question accurately or responsibly. There are multiple sex laws and degrees (1st, 2nd, 3rd, etc...) of the crimes in New Mexico pertaining to these types of sexual offenses. To answer this question would require a careful examination of the law by a criminal attorney based on the details of the situation. To read the laws pertaining to this subject, go to New Mexico Statutes select "Article 9 Sexual Offenses" and the look at section 30-9-1 and sections 30-9-10 through 30-9-14 LegalMatch.com may be able to assist you in finding an attorney in your local area.

Below are the basic sentencing "guidelines" for Misdemeanors and Non capitol felonies. Sentencing is ultimately up to the court. Actual sentences can vary based on a number of factors including past criminal history. 31-19-1. Sentencing authority[;] misdemeanors; imprisonment and fines; probation. A. Where the defendant has been convicted of a crime constituting a misdemeanor, the judge shall sentence the person to be imprisoned in the county jail for a definite term less than one year or to the payment of a fine of not more than one thousand dollars ($1,000) or to both such imprisonment and fine in the discretion of the judge. B. Where the defendant has been convicted of a crime constituting a petty misdemeanor, the judge shall sentence the person to be imprisoned in the county jail for a definite term not to exceed six months or to the payment of a fine of not more than five hundred dollars ($500) or to both such imprisonment and fine in the discretion of the judge. C. When the court has deferred or suspended sentence, it shall order the defendant placed on supervised or unsupervised probation for all or some portion of the period of deferment or suspension. 31-18-15. Sentencing authority; noncapital felonies; basic sentences and fines; parole authority; meritorious deductions. A.If a person is convicted of a noncapital felony, the basic sentence of imprisonment is as follows: (1) for a first degree felony resulting in the death of a child, life imprisonment; (2) for a first degree felony, eighteen years imprisonment; (3) for a second degree felony resulting in the death of a human being, fifteen years imprisonment; (4) for a second degree felony for a sexual offense against a child, fifteen years imprisonment; (5) for a second degree felony, nine years imprisonment; (6) for a third degree felony resulting in the death of a human being, six years imprisonment; (7) for a third degree felony for a sexual offense against a child, six years imprisonment; (8) for a third degree felony, three years imprisonment; or (9) for a fourth degree felony, eighteen months imprisonment. B. The appropriate basic sentence of imprisonment shall be imposed upon a person convicted and sentenced pursuant to Subsection A of this section, unless the court alters the sentence pursuant to the provisions of Section 31-18-15.1, 31-18-16, 31-18-16.1 or 31-18-17 NMSA 1978. C. The court shall include in the judgment and sentence of each person convicted and sentenced to imprisonment in a corrections facility designated by the corrections department authority for a period of parole to be served in accordance with the provisions of Section 31-21-10 NMSA 1978 after the completion of any actual time of imprisonment and authority to require, as a condition of parole, the payment of the costs of parole services and reimbursement to a law enforcement agency or local crime stopper program in accordance with the provisions of that section. The period of parole shall be deemed to be part of the sentence of the convicted person in addition to the basic sentence imposed pursuant to Subsection A of this section together with alterations, if any, pursuant to the provisions of Section 31-18-15.1, 31-18-16, 31-18-16.1 or 31-18-17 NMSA 1978. D. When a court imposes a sentence of imprisonment pursuant to the provisions of Section 31-18-15.1, 31-18-16, 31-18-16.1 or 31-18-17 NMSA 1978 and suspends or defers the basic sentence of imprisonment provided pursuant to the provisions of Subsection A of this section, the period of parole shall be served in accordance with the provisions of Section 31-21-10 NMSA 1978 for the degree of felony for the basic sentence for which the inmate was convicted. For the purpose of designating a period of parole, a court shall not consider that the basic sentence of imprisonment was suspended or deferred and that the inmate served a period of imprisonment pursuant to the provisions of Section 31-18-15.1, 31-18-16, 31-18-16.1 or 31-18-17 NMSA 1978. E. The court may, in addition to the imposition of a basic sentence of imprisonment, impose a fine not to exceed: (1)for a first degree felony resulting in the death of a child, seventeen thousand five hundred dollars ($17,500); (2)for a first degree felony, fifteen thousand dollars ($15,000); (3)for a second degree felony resulting in the death of a human being, twelve thousand five hundred dollars (12,500); (4)for a second degree felony for a sexual offense against a child, twelve thousand five hundred dollars ($12,500); (5)for a second degree felony, ten thousand dollars ($10,000); (6)for a third degree felony resulting in the death of a human being, five thousand dollars ($5,000); (7)for a third degree felony for a sexual offense against a child, five thousand dollars ($5,000); or (8)for a third or fourth degree felony, five thousand dollars ($5,000). F. When the court imposes a sentence of imprisonment for a felony offense, the court shall indicate whether or not the offense is a serious violent offense, as defined in Section 33-2-34 NMSA 1978. The court shall inform an offender that the offender's sentence of imprisonment is subject to the provisions of Sections 33-2-34, 33-2-36, 33-2-37 and 33-2-38 NMSA 1978. If the court fails to inform an offender that the offender's sentence is subject to those provisions or if the court provides the offender with erroneous information regarding those provisions, the failure to inform or the error shall not provide a basis for a writ of habeas corpus. G. No later than October 31 of each year, the New Mexico sentencing commission shall provide a written report to the secretary of corrections, all New Mexico criminal court judges, the administrative office of the district attorneys and the chief public defender. The report shall specify the average reduction in the sentence of imprisonment for serious violent offenses and nonviolent offenses, as defined in Section 33-2-34 NMSA 1978, due to meritorious deductions earned by prisoners during the previous fiscal year pursuant to the provisions of Sections 33-2-34, 33-2-36, 33-2-37 and 33-2-38 NMSA 1978. The corrections department shall allow the commission access to documents used by the department to determine earned meritorious deductions for prisoners.

Under New Mexico law, a 14 year old legally can NOT have consensual sex. If an adult has sex with a 14 year old in New Mexico, they are committing a crime. The 20 year old has violated New Mexico law: 30-9-11 Criminal Sexual Penetration F. Criminal sexual penetration in the fourth degree consists of all criminal sexual penetration: (1)not defined in Subsections C through E of this section perpetrated on a child thirteen to sixteen years of age when the perpetrator is at least eighteen years of age and is at least four years older than the child and not the spouse of that child; or (2) perpetrated on a child thirteen to eighteen years of age when the perpetrator, who is a licensed school employee, an unlicensed school employee, a school contract employee, a school health service provider or a school volunteer, and who is at least eighteen years of age and is at least four years older than the child and not the spouse of that child, learns while performing services in or for a school that the child is a student in a school. Whoever commits criminal sexual penetration in the fourth degree is guilty of a fourth degree felony. Reporting laws are outlined in the following Statutes. § 27-7-30 Duty to Report § 30-47-9 Reporting Requirements § 28-17-9 Referrals You will find all New Mexico Statutes at http://legis.state.nm.us/lcs/

If you did participate in sexual activity with him, you'd be committing a fourth degree felony, punishable by a year and a half in prison, plus all of the stuff that goes along with being a convicted sex offender. The age of consent for all forms of sex is 17. Many sites which try to list all the laws contain errors, which is why we use a Q&A format.

It depends. In New Mexico, it is illegal for a person to have sexual penetration (intercourse, oral sex, fingering, etc.) with a person between 13-16 years old if that person is more than 4 years older. So depending on when the birthdays are in your case, it may or may not be legal.