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Updated: 9:24 p.m. Sunday, April 29, 2012 | Posted: 4:40 p.m. Sunday, April 29, 2012
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LAS CRUCES, N.M. —
A mistake in the law could mean there are child predators in New Mexico who aren't registered as sex offenders.
Here's where the problem happened: In 2007, the state legislature passed a law making it a crime to solicit sex of a child through electronics. But in that same session, they passed another law amending the sex offender statute and didn't include the new law about soliciting sex from a child through electronics.
Therefore, people who went after kids on the Internet or with their cell phones weren't always registering as sex offenders even though they should have, according to Gov. Susana Martinez.
"It's a scary thought," Las Cruces parent Tina Hall said.
Hall is a mother of five and said that she's appalled at the thought that child predators may unknowingly walk among us.
"Everyday we just let our kids run around outside and we don't even know who our neighbor is," Hall said.
"It was just an error, a glitch in the compilation of the law," Martinez said. "It's unclear on the books."
That's why Martinez said she sent a letter to district attorneys and judges across the state urging them to enforce this law, despite how unclear it may appear.
"Unfortunately, these circumstances have led many to believe that this crime is not one for which offenders must register in the state," Martinez wrote. "This is not the case, and individuals who commit these crimes must register as a sex offender in New Mexico."
The crime can include someone trying to lure a child to a meeting place online with the intention of carrying out a sexual act or even texting a lewd photograph.
"Using any kind of communication device, whether it's texting, email, Facebook," Martinez said.
Still, Martinez said that some would-be registered sex offenders could have slipped under the radar already.
"For all I know I could be living right next door to one with my kids," Hall said. "That's kind of a scary thought."
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