For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANYTHING OF VALUE. Any conceivable thing of a slightest value, tangible or intangible, movable or immovable, corporeal or incorporeal, public or private. The term is not necessarily synonymous with the traditional legal term "property."
BAILIFF. Any employee of the Municipal Court of the city who is designated by the Presiding Judge of the Municipal Court as a bailiff.
CITY. The city of Albuquerque.
CORRECTIONS OFFICER. Employees of the Corrections-Detention Department who are designated as corrections officers by the Director of the Department of Corrections-Detention or his designated representative.
COURT. The Municipal Court of the city.
CRIMINAL SEXUAL CONTACT OF A MINOR. Unlawfully and intentionally touching or applying force to the intimate parts of a minor other than one's spouse or unlawfully and intentionally causing a minor, other than one's spouse to touch one's intimate parts. For purposes of this section, INTIMATE PARTS means the primary genital area, groin, buttock, anus, or breast.
CRIMINAL SEXUAL PENETRATION. The unlawful and intentional causing of a person, other than one's spouse, to engage in sexual intercourse, cunnilingus, fellatio or anal intercourse, or the causing of penetration, to any extent and with any object, of the genital or anal openings of another, whether or not there is any emission.
DRUG. Any chemical substance or compound either natural or synthetic having a psychological and/or mind altering effect on its users including, but not limited to, intoxicating liquor, narcotic drug, depressant drug, hallucinogenic drug, stimulant drug, and the fumes of paint or glue.
FIREFIGHTER. Any person who is so designated by the Chief of the Albuquerque Fire Department or his designated representative.
HOUSE OF PROSTITUTION. Any place where prostitution or promotion of prostitution is carried on.
MAYOR. The Mayor or his designated representative.
MEDICAL FACILITY. A licensed hospital, diagnostic and treatment center, or outpatient surgical center; or an office or clinic providing medical care under the supervision of a licensed health professional.
NEIGHBORHOOD PARKS. A park which is normally less than five acres in area and which has been designated by resolution. Such neighborhood park shall be posted by the mayor or his designated representative as a park in which drinking alcoholic liquors is prohibited.
PEACE OFFICER. Campus security officers, police officers and any other public official or public officer vested by law with a duty to maintain public order or to make arrests for crime, whether that duty extends to all crimes or is limited to specific crimes.
PERSON. Includes, but is not limited to, any natural person, whether over or under 21 years of age, firm, partnership, association, corporation, company or organization of any kind.
POSSESS. Any manner of custody, control or ownership, no matter how initiated.
PROBATION OFFICER. Any employee of the Municipal Court who is designated by the Presiding Judge of the Municipal Court as a probation officer.
PROSTITUTE. A person who:
(1) Engages in or offers to engage in sexual intercourse for hire.
(2) Takes or offers to take into his or her mouth or anus, the sexual organ of another for hire.
(3) Places or offers to place his or her sexual organ into the mouth or anus of another for hire.
(4) Masturbates or offers to masturbate the sexual organ of another for hire.
PUBLIC PLACE. Includes, but is not limited to, public dance halls, pool rooms, bars, saloons, bowling alleys, restaurants, commercial establishments patronized by the public, city public schools, county, state or federal property, streets, sidewalks, parks, alleys and parking lots.
PUBLIC VIEW PLACE. An area generally visible to public view: alleys, bridges, buildings, grounds, driveways, parking lots, parks, plazas, sidewalks, and streets, which area is open to the general public.
SEXUAL INTERCOURSE. Penetration of the vagina of a female to any extent by the penis of a male. Proof of sexual intercourse does not require proof of emission.
SHALL. Mandatory and not merely directory.
('74 Code, § 12-1-1-4) (Ord. 96-1973; Am. Ord. 78-1978; Am. Ord. 43-1988; Am. Ord. 55-1990)