New Mexico Law Presents Loop Hole To Sex Offenders
LAS CRUCES, N.M. – A New Mexico law is allowing certain people convicted of sex crimes to stay off the state’s sex offender registry.
TheABC-7 I-Team uncovered the loophole in the law and brought it to the attention of law enforcement agents. ABC-7learned of this law after investigating Kenneth McMahon of Las Cruces. McMahon was convicted of rape in California in the1980’s.
When moving to Dona Ana County, he went to register as a sex offender, but it turns out he didn’t have to. Here’s why: the sex offender registry was formed in 1995. Under New Mexico state law, anyone convicted of a sex crime and finished with their prison, parole and probation terms before 1995 are grandfathered in, meaning they do not have to notify anyone that they are a convicted sex offender.
Dona Ana County Sheriff’s officials tell ABC-7 they were surprised when they had to remove McMahon from the registry. But they also say, it’s common because many convicted sex offenders move to New Mexico because of lax laws such as this.
“People are just going to have to ensure, that they take safety precautions, and if they don’t like a registered sex offender living near their school, they should make each other aware of it. But there’s nothing the sheriff’s department can do about it,” said Robert Nevarez of the Dona Ana County Sheriff’s Department.
There are about 2200 registered sex offenders in the state of New Mexico. There are only a handful of states that have a grandfather rule that goes farther back. One of those is Texas, where sex offenders don’t have to register if convicted before 1970.
