## Facts

- An adult woman, Ernestine Favela, allegedly had sexual intercourse with a 15-year-old boy who allegedly consented.
- A grand jury indicted Favela for contributing to the delinquency of a minor under § 40A-6-3, N.M.S.A. 1953 (Repl. 1972), based on that intercourse.
- Favela moved to dismiss the indictment, arguing the conduct could not constitute “contributing to delinquency” because the boy’s act would not qualify as a “delinquent act” under the Children’s Code definition in § 13-14-3.
- The district court denied the motion; the Court of Appeals reversed on interlocutory appeal.
- The New Mexico Supreme Court granted certiorari on its own motion and reviewed the statutory interpretation question.

## Issues

1. Whether the Children’s Code definition of “delinquent act” (§ 13-14-3) must be read into and limit the adult criminal statute for contributing to the delinquency of a minor (§ 40A-6-3).
2. Whether an adult can be prosecuted for contributing to delinquency when the minor’s participation, viewed through the Children’s Code definition, would not be conduct that “would be designated as a crime” if committed by an adult.

## Decision

- The New Mexico Supreme Court reversed the Court of Appeals and affirmed the district court’s denial of the motion to dismiss.
- The Court held that the Children’s Code definition of “delinquent act” does not control or restrict the meaning of “delinquency” in the adult criminal offense of contributing to the delinquency of a minor.
- The indictment charging contributing to the delinquency of a minor based on intercourse with a 15-year-old sufficiently stated an offense and was not subject to dismissal on Favela’s statutory theory.

## Legal Principles

- Definitions and purposes in the Children’s Code are directed to juvenile proceedings and do not, without clear legislative direction, limit or redefine separate adult criminal offenses in the Criminal Code.
- Contributing to the delinquency of a minor does not require proof that the minor’s conduct fits the Children’s Code’s “delinquent act” definition or that the minor could be adjudicated delinquent for the induced conduct.
- Statutes should not be construed together to narrow an adult criminal statute based solely on terminology from a separate juvenile code enacted for different, juvenile-focused purposes.

## Conclusion

The court held that juvenile-code definitions of “delinquent act” do not restrict prosecutions under the adult contributing-to-delinquency statute, so the indictment based on an adult’s sexual intercourse with a 15-year-old could proceed despite arguments that the minor’s participation would not be a delinquent act under the Children’s Code.


State v. Favela, 91 N.M. 476, 576 P.2d 282 (N.M. 1978)