A routine tattoo appointment in Las Cruces has turned into a high-stakes criminal case, with a Doña Ana County grand jury indicting 42-year-old Billy J. Porter on multiple felony counts tied to an alleged sexual assault inside a local shop.
The grand jury returned the indictment on April 21, following a complaint by a 19-year-old woman. Porter remains in custody ahead of an arraignment set for Monday, April 27, in the Third Judicial District Court.
The indictment charges Porter with three counts of criminal sexual penetration in the second degree, each alleged to have resulted in personal injury, along with one count of criminal sexual contact in the fourth degree that also allegedly involved personal injury, and one count of selling or giving an alcoholic beverage to a minor, according to KTSM 9 News. KTSM reports that the indictment will be formally presented when Porter appears for arraignment on April 27.
Court filings and local reporting state the 19-year-old went to Porter House Ink for a tattoo in early April. The assault allegedly occurred after other employees had left the shop. Authorities allege Porter poured the woman an alcoholic drink, encouraged her to consume it, then groped and bit her before the encounter escalated to sexual penetration, according to KOAT. New Mexico State Police obtained an arrest warrant and took Porter into custody on April 10.
Booking records and local coverage indicate Porter is currently being held without bond at the Doña Ana County Detention Center while prosecutors push to keep him locked up pending trial.
Alleged Recording And Social-Media Evidence
Investigators say the incident was not only physical but also digitally documented. Porter is accused of recording the encounter without the woman’s consent and saving the footage in a "My Eyes Only" folder on Snapchat, according to KVIA. KVIA, citing court documents, reports that officers noted visible injuries when the victim came forward, and that New Mexico State Police later took over the investigation.
Bond, Protection Order And Court Schedule
Court records show a judge granted the woman a temporary order of protection that bars Porter from contacting her and requires him to stay away from her home, workplace, and other specified locations, as reported by Organ Mountain News. Prosecutors have also asked the court to keep Porter detained while the case moves forward.
At Monday’s arraignment, Porter is expected to hear the charges formally read, enter a plea, and learn whether the judge will keep him in custody or consider any change to his detention status. Those pretrial custody questions, along with future hearing dates, will be addressed as the indictment is presented, according to KTSM 9 News.
What The Law Says
Under New Mexico law, criminal sexual penetration in the second degree is a second-degree felony. It covers situations in which penetration is carried out by force or coercion and results in personal injury. The exact penalties depend on the specific circumstances of the case and any sentencing enhancements that may apply. The statute, including the elements of the offense, is outlined in NMSA 30-9-11, as codified on Justia.
Next Steps
Porter is presumed innocent unless and until proven guilty in a court of law. At the April 27 arraignment in the Third Judicial District Court, the judge is expected to accept Porter’s plea and set the schedule for upcoming hearings. Prosecutors, defense attorneys, and the court will determine whether any additional charges are filed or new pretrial orders are imposed as more records and filings become available.
