Officer Montoya wrongly placed Mr. Brown in the sex offender probation unit and directed him to register as a sex offender. As in
Paul, he thereby made a false statement about Mr. Brown. Under New Mexico's Probation Statute, false imprisonment is not a sex offense.
See N.M. Stat. Ann. § 31–20–5.2(F). Under New Mexico's sex offender Registry Statute, false imprisonment is not a sex offense unless the victim is a minor.
See id. § 29–11A–3(E)(7). Mr. Brown pled guilty to a false imprisonment offense that does not include as one of its elements that the victim is a minor.
See id. § 30–4–3. He alleges that the indictment charging him with false imprisonment contained no allegations that the victim was a minor.
See Complaint, para. 19. He further alleges that the state court at sentencing did not state that his victim was a minor.
See id., para. 22. Mr. Brown finally alleges that at the June 24, 2009 hearing, neither the state court nor the prosecutor said that they were aware that the victim was a minor.
See id., para. 27–28.