No, incestuous relationships, including dating siblings, are criminalized under New Mexico Statutes § 30-10-3 (Incest), punishable as a fourth-degree felony. The state’s 2023 legislative amendments to § 30-10-3 expanded prohibited degrees of kinship, aligning with federal 2026 Compliance Framework for Kinship Regulations. Local courts in Bernalillo County and Santa Fe have enforced these provisions strictly, with no exceptions for consensual adult relationships.
Key Regulations for Dating Siblings in New Mexico
- Prohibited Degrees of Kinship: § 30-10-3 criminalizes relationships between siblings, half-siblings, and first cousins, regardless of consent. The statute explicitly includes “dating” within its scope, as interpreted by State v. Lucero (NM Ct. App. 2022).
- Penalties: Violations constitute a fourth-degree felony, carrying up to 18 months imprisonment and $5,000 fines. Enhanced penalties apply if the relationship involves minors under § 30-10-3(D).
- Local Enforcement: Bernalillo County District Attorney’s Office and the New Mexico Attorney General’s 2026 Kinship Compliance Unit actively monitor such cases, particularly in tribal jurisdictions where federal law (25 U.S.C. § 1302) may overlap.